The Law Association of Zambia President Eddie Mwitwa has said that the Association intends to approach the Constitutional Court to ask it to determine the eligibility of the candidates that will be floated by the various political parties for the 2021 general Elections.
Speaking in an interview with the Diggers Newspaper, the LAZ President insisted that the Constitutional Court did not declare President Edgar Lungu eligible to stand in the 2021 general election, contrary to assertions that they did, adding that the controversial question relating to President Lungu’s eligibility was not yet over, and that Constitutional lawyer John Sangwa, State Counsel, was right to say that the matter could still be appealed in the Constitutional Court.
“You do recall that when that matter that touched on the eligibility of the President was in the Constitutional Court and we were represented by John Sangwa, State Counsel (S.C.), and the views that he took to court were the views of the Association. We, unfortunately, did not succeed with the matter, but I think from what he has been saying, that is an issue that can still go back to court at the appropriate time and the PF top leadership had also invited Mr Sangwa to go back in the Constitutional Court if he was unhappy with that decision,” Mwitwa said.
Mr. Mwitwa said that when the elections are nearing, the parties have nominated their candidates, LAZ will go back to the constitutional court.
“When the elections are nearing and nominations are filed, there will still be an opportunity to ask the Constitutional Court to determine the eligibility of the candidates that will be floated by the various political parties. It is not a dead-end; it is a matter that can still be revived. Remember that the President himself, President Edgar Lungu, was not a party to that particular action. So, there is an opportunity to take that to the Constitutional Court on the question of his eligibility when he files in his nomination to stand for President in 2021.”
Mr. Mwitwa further said that the December 7, 2018, ConCourt ruling did not interpret specifically President Lungu’s eligibility to stand for a third-successive time at next year’s crucial election.
“…I don’t think that the were asked to interpret, specifically, on the eligibility of President Edgar Lungu in 2021. Sangwa, S.C., who was representing LAZ, our argument then was that it was immature to start determining that question because there was no election that was being conducted at that time. It is the same thing with Bill 10; you remember when we went to court, we were told that, ‘no, we have come too early, this is just a Bill.’ Our understanding is that the Court said when it becomes law, you can come back and challenge. So, it is quite similar,” said Mwitwa.
What is the problem with LAZ. Edgar is instilling a lot of fear in people. Why is LAZ concerned about what is happening in PF. I think Edgar is God given. That’s why satan is fighting him to the latter.
Why are you not talking about hh whose party has never a conversion to elect new office bearers. LAZ should start with the s@t@n1st.
Comment:You are an *****
Jona will cry like alaB
I urge LAZ not to waste their time with the weak Concourt and instead allow ECL to stand unhindered because that will be the easiest candidate to beat next year by all opposition parties.
LAZ should have kept quiet and pulled a surprise challenge to EL after he files in his papers, now the Court will be compromised by the likes of Kz.
You might as well get over with it now as you will not have time to react after nomination papers have been filed, what are you going to do when they sit on it till after the elections. Mind you Concourt is filled with Lungu’s former classmates who have been promoted by him to those positions…get over with it now!
There’s nothing wrong with any challenges in a democratic dispensation. However,one has to follow the correct procedure. Mr Mwitwa, challenge the nomination of the President for re-election and that of the Sibajane president through the Electoral Commission of Zambia and not the courts.
I find LAZ’s decision to challenge ECL’s eligibility after he files in his nomination papers, ill-conceived, reckless, and potentially apocalyptic for national stability. Can you imagine the reaction of militant PF supporters all over the country? Would the police, and even military, cope with the inevitable violent backlash that this would unleash? LAZ should sometimes carefully weigh the consequences of their deeds. Just what is it that LAZ wants to prove?
He looks like he is a cousin to HH.
So thankful that we still have people that we are willing to stand for what is right. When you look at the people that make the loudest noise, they are the ignorant, crass, corrupt type.
We must all stand behind these types of men
Isaac Mwanza has already told you what the con court will rule
Why waiting for nomination day to ask for president Lungus’ legibility? LAZ if they have something to ask Concourt time is now.
Honestly LAZ can’t wait for that time if really they are serious.
Now Edgar is not an ordinary person and can’t appear in court. But once he files his nomination papers that is the only time he can appear in court as a person and candidate.
which again can’t work because he as lawyers also and that again will derail the process and elections will be delayed and again which implies that ECL will stand.Back to the interpretation of the Law,does it mean LAZ as failed to interpret the constitutional and the ruling which was passed? You people stop fooling around with Zambians.What problem do you have if you have eaten somebody’s money will pay back you will see what you asked for.
Waste of time and money… Zambia ConCourt Court is a Lungu personal organisation and going to it to stop its owner from vying for office is a sheer waste of time and money. Our ConCourt is no match for the truly independent Kenyan or Malawian ConCourts… those guys put ours to shame!
They should just disband this illegal mafia organization and bring back the Supreme court to rule on these matters!
Why is LAZ worried? What interest as LAZ in this matter? The integrity of LAZ is questionable.LAZ is pretending as if the organization as no learned people in it,come out of the box and declare your stance.
Currently that’s the only option left to Laz. Current Constitution has that provision in place to safeguard rule of law. Yday SC Sangwa was on the Radio Phoenix talkshow. He explained that this issue of eligibility was not tackled as the court changed the question of the petitioners. So the concourt sidestepped this issue to avoid personalising the issue. Hope SC Sangwa appears on TV as well. It was a very candid explanation of this whole issue.
Why wait when they can file and obtain a ruling now before the elections? If they diss they say, it will be like the UPND being told their submission was timed out. Those skanks on the Constitutional Court stink to the very heavens above!
@ ba amwapeelinge, I agree with you. Leaving this issue for the eleventh hour is not the best strategy. If CC didn’t preside over this issue coz it was deemed “personalised”, Laz Shud rephrase their petition and leave out “personalised” references but ensure the issue is conclusively settled now. Surely Laz can manage to rephrase the petition.
The question is how much time is there from nomination file date to polling date? Its usually 8 weeks …do you think Concourt would have the balls to pass a ruling against an incumbent Ruling Party candidate if they failed to pass a ruling against a sitting Finance Minister. LAZ get serious
President Lungu cannot stand for the third term. He can’t. He served 1 year and 6 months that was a term. Why because they were elections for the following term which he served and elections afterwards. That he completed the 1 year and 6 months on behalf of a dead person is not stated in any laws of Zambia. The issue is why elections were held. Assuming HH had won was he going to serve for 1 year and 6 months ????
Lungu knows very well he is not eligible but wants to start scaring Zambians with the gassing gang of his. Check out videos clips of aka ka chikaaaaaaala ka Spaks on you tube or ZambiaWatchdog. You see Lungu and Chi Inooooga shaking hands n aka chikaaaaaala
LAZ political party
President: Eddie Mwitwa or mweetwa
Secretary General: Sangwa.
Lungu has already won 2021 with rigging and Zambia will be Zimbabwe
Well done Zambian citizens for not rising against PF
The Constitution states that a person who has held the office of president twice does not qualify to be elected again. Holding office is defined as from one election and swearing in of the president-elect until the swearing in of the next president-elect. Holding office has nothing to do terms of office. In terms of term of office that is five years but there is nowhere where it states that a person must hold office for two terms before he is barred from re-election, it simply states that one can hold office as defined above only twice. In other words the term of office is only applied to prevent a person who has been elected normally (without death) not to stand again. In other words there are two bars limiting a presidential candidate.
1. Cannot be elected three times
2. Cannot be…
…… In other words there are two bars limiting a presidential candidate.
1. Cannot be elected three times
2. Cannot be president more than two terms of five years unless the first presidency arises from becoming president upon death of incumbent and one was a Veep by running mate clause.
3. It is true that in case 2, one can be president more than 10 years but that is simply because we cannot predict death of the president and we dont want to be wasting time debating lengths of time (anything from one day to five years and all the views of 18 million citizens, multiple parties, NGOs etc etc) and arguing forever as we do best. We just accept it as an exception which we can live with.
48 Houses my friend!!!, anguished for having missed the party??? Ask them nicely for a share. 4 Fire engines and 12 houses will do nicely.
The constitution says one is not allowed to stand after he has held office on two occasions, PERIOD! What is wrong with someone taking that to court when the law is being violated? What’s wrong with you Zambians, kanshi? For sure you have been bewitched!
LOOK AT THE FOLLOWING:
1. THE PETITION FAILED.
2. THE BURNING OF MARKETS FAILED
3.AND NOW THE GASSING HAS FAILED.
SO THE UPND IS RUSHING BACK TO THE CONSTITUTION COURTT
Citi, read Mr Mwanza’s learned analysis of the ConCourt judgement!!!
Look at the people agitating for Bill 10 to be dropped, check their names and this will tell you a story I can say much everything is up to you to judge period.And one talks about tribalism,it like we are fighting a loosing battle.
Comorbidities mmmmmmm sure what is comorbidities CK. Not sure of CK standing because of comorbidity ,this is a serious case which is physical or mental issues.
LAZ what are you afraid of,this issue was dealt with and why are you procrastinating this issue.You call yourself learned but on this one you have failed.We have serious issues to discus in the nation than this one which as been buried already.LAZ is a paid up organization and should just take back……..This is no longer LAZ but LAZY BONES wasting peoples money and time.
Chiluba was more honest in his third term bid than ECL! At least he was going to engage Zambians through a Referendum. Chiluba can be excused but also praised that despite him not being a Lawyer, he was very honest about what the Constitution provided for at the time! The other good thing about Chiluba was he had the wisdom and foresight to back down on his schemes and put the country first! We have also not forgotten how the PF founder was the rabble-rouser and demagogue during the Third-term campaign and much to his disappointment, another bombshell was dropped on him when an unlikely successor was named. That was the beginning of what we have come to know as unpatriotic Front party. It has been unpatriotic from its inception! Fast forwarding to 2019-2020, the nation has again been…
Fast forwarding to 2019-2020, the nation has again been bogged down in another but more pernicious Third-term debate where lives are even lost in schemes to want to hold on to power. What
is unfortunate today is we have someone who claims to be a Lawyer trying to bend the Law to suit his Lawlessness! He is energized by the poor reading culture of Zambians who can’t take time to read for themselves what the Constitution is saying and what the Constitutional Court Judgement was on ECL’S eligibility to stand in 2021. The following must be clearly understood:
1. The Concourt NEVER made a ruling on ECL’S eligibility. Go to the court Registry and get a copy of the judgement and read for yourself!
2. Read the changes in the wording of the Constitution following the 2016 Amendments. Zambians…
Zambians decided that it was expensive to hold bye-elections each time a sitting president dies or resigns. We came up with the concept of running mate to be sworn in should the incumbent cease to function in the office of president. In the previous Constitution, one could ONLY be ELECTED to office of president. Hence the language in the old Constitution was one who is ELECTED TWICE, was not eligible to stand again. In the new Constitution of 2016, the language changed to HOLDING of OFFICE TWICE given now that you have two ways to ascend to President office, i.e. through an election or being sworn in as running mate to take over!
Now, president Lungu has been elected twice and has held office twice. Under the previous and present Constitutions, he is not eligible to be elected for the…
Under the previous and present Constitutions, he is not eligible to be elected for the third time or to hold office for the third time! Period! The danger with that is he’ll be in breach of the Constitution by staying in office beyond 10 years which is the maximum number of years you can serve continuously as president! If ECL wanted to serve two 5 year terms, he should not have stood in 2015 during the bye-election. He should have opted to stand in 2016, then he would be eligible to get elected for the second and final term in 2021. Unfortunately, he has been elected twice already and deemed to have HELD OFFICE TWICE or SWORN IN TWICE!
The amended Constitution did not leave things hanging for the running mate situation. This is where term limits are clearly defined for a running mate…
This is where term limits are clearly defined for a running mate. Remember that when ECL stood for bye- elections in 2015, he was not a running mate but a Presidential candidate!
The new Constitution has provided enough guidelines how to interpret the Running mate situation. It puts a cutt-off of three years. If at a time a running mate is sworn in, there is three or more years to serve as president before the end of the term of office he or she is taking over, they will be deemed to have served a full term and therefore held office. Remember that a full term is 5 years and half a term is 2.5 years, and 3 years limit is generous provision for a running mate who takes over. If the running mate does not want a term of 3 years to count, they can opt out and stand during the next general…
If the running mate does not want a term of 3 years to count, they can opt out and stand during the next general election. On the other hand, if a running mate who is taking over the function of president has less than 3 years to go, that term does not count because it is less than 3 years minimum prescribed by the Constitution! The reason the 3 years minimum is reserved for running mate and not for Presidential candidate is to avoid abuse. Imagine a sitting president ruling for 2 years and 11 months and decides to resign because they want to be eligible for future elections? That is a recipe for anarchy!
Thus, we can see where the confusion is coming from in the PF camp. They are confusing provisions for a running mate with those of a presidential candidate. In 2015, ECL was not taking…
In 2015, ECL was not taking over as running mate and the elections then had no provisions for running mate. The running mate issue came into effect when he signed the new Constitution into Law with his eyes closed! I remember how General Miyanda warned ECL not to sign the Constitution with his eyes closed. Here we are now. The Constitution has caught up with ECL.
Our Constitution does not allow anyone to be president continuously for more than 10 years! We said NO to Wamuyayas!
LAZ leadership should not plunge the country into chaos… It’s very easy to destroy a country than to build it… Failed and compromised LAZ by the UPND should not argue settled cases using deception… Let independent minds at LAZ take over the leadership… Zambia is bigger than compromised LAZ.
In Waht capacity did he serve as in the period he won election first time. As who President or Vice President. Let these questions be responded to by educated people
what capacity
Wise men like you always tell the truth. You hit the nail right on its head
you right my brother/sister