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Friday, June 11, 2021

Attorney General Asks Court to dismiss with costs Petition Challenging President Lungu Eligibility for August 12 Elections

Headlines Attorney General Asks Court to dismiss with costs Petition Challenging President...

ATTORNEY General Likando Kalaluka has suggested that the petition seeking an interpretation on whether President Edgar Lungu can run for a third term in the August 12 elections be dismissed with costs.

Kalaluka has argued that the petition will prejudice the Head of State because there are few days remaining for presidential candidates to file their nomination papers.

The chief legal advisor of government argued that the interpretation of Articles 106(1)(3) and (6)(a) and (b) in so far as they relate to the eligibility of President Edgar Lungu to contest the August 12 general election as a presidential candidate has already been decided upon by the Constitutional Court in the Danny Pule case.

He also said Article 70 of the Constitution was clear that a member of parliament vacated or lost his seat when the individual was serving a custodial sentence.

Kalaluka has since opposed the petition by Katuba UPND member of parliament Bampi Kapalasa and Lusaka resident Joseph Busenga seeking an interpretation on whether President Lungu can contest this year’s general election after being sworn into office twice.

Kapalasa and Busenga’s petitions have been consolidated following an application by Busenga that the cases be joined and heard at the same time, in order to utilise the Court’s resources effectively and efficiently as they raised similar questions.

However, Kalaluka has filed a notice of intention to raise preliminary issues at the next sitting for the Court to determine whether or not Articles 106(1)(3) and (6)(a) and (b) of the Constitution of Zambia (Amendment) Act no.2 of 2016 being sought by the petitioners had been decided upon.

This is in reference to the case of Dan Pule and three others vs the Attorney General, PF secretary general Davies Mwila, UPND secretary general Steven Katuka and the Law Association of Zambia in which a selective judgment was delivered in 2018.

Kalaluka also wants a determination on whether the court has the power to determine the petition as it had already pronounced itself on the eligibility of President Lungu in the Danny Pule case.

He has prayed that the court quickly disposes of the matter as it has a bearing on the holding of this year’s elections.

“The court may want to take notice of the Electoral Commission of Zambia electoral calendar for the general elections which shows that the payment of nomination fees for aspiring Presidential candidates is slated for May 1 to 9, 2021,” said Kalaluka.

“If this application is not determined as a matter of urgency, it has potential to prejudice the targeted individual in these proceedings.”

The Matter comes up on May 3 before the full bench of the court for the hearing of Kalaluka’s application.

46 COMMENTS

  1. This Pfoolish AG should realize that he works for the Zambian people and its constitution NOT Edgar Lungu coz he holds a constitutional office and not a political office.

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  2. all these fools are being used by the PF , as can only come at nomination time , so they want to prevent that we shall see how it goes any way

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  3. A f00lish petition submitted by a bunch of f00lish tribal losers scared to face a real strong leader like ECL.

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  4. Ati the AG says “the petition will prejudice the Head of State” .Where was AG Kalaluka when ECL prejudiced Zambian high court by warning them not to try Kenya style election nullification?

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  5. KZ the imbecile has awoken.
    You are one racist person, the hatred you have for other Zambians.

    Count your days when you will be facing incarceration

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  6. I think the con-court will use a “premature” technicality; the petitioners should have waited until after ECL filing for presidential run.

  7. This is the kind of national lawyer Zambia does not need for it boils down to protecting an individual on taxpayer’s resources when the taxpayer is demanding an interpretation of an issue he desires clarity on! Mr AG sir! For the benefit of the citizenry, let the articles in question BE interpreted before tying them to Lungu!

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  8. FuManchu – his even saying with costs as if the citizen who pays his salary is inconveniencing him…he thinks he works for Edgar Lungu

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  9. The matter has only become urgent now after Petitions were filed? Why didn’t the AG deal with this Eligibility issue b4 Petitions were filed?After Nominations are closed around 17th May 2021 Citizens are free to Petition Candidates’ Eligibility in terms of Article 52 of the Constitution. The Payment of Nomination fees between 1st and 9th May 2021 was ECL’s unilateral decision. There is no law which makes the payment of these fees mandatory and on these dates.We wonder why Candidates should prepay these fees b4 their Nomination Papers are filed and approved? Why should unsuccessfully Candidates be forced to pay these fees? ECZ should consult and agree with Stakeholders on new payment dates closer to the Nomination dates.

  10. Scouser you must be on drugs or sniffing old whlte peoples faeces. Because everyone knows here that I stand up for zambians and am only against tribal upnd diasporans such as yourself.

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  11. Better to leave the stage whilst people are clapping.please Mr lungu pass the button to your equals. your insistence to continue will only harm your legacy. Learn from late Robert mugabe. All the good he did was washed away into the drain. How I wish he knew when to stop.

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  12. After Nominations are closed any Citizen including SC Sangwa is free to Petition the Eligibility of any Candidate standing as Councillor, MP or President. As for Concourt we hope that the Judges will not repeat the mistake they made in 2016 on the Presidential Petition. Concourt illegally and unconstitutionally dismissed the Presidential Petition based on a Technicality. Let’s hope Concourt will redeem itself this time around. It must hear and determine the Eligibility Petitions impartially and then pass a Verdict. This judgment will create a precedent which will help Concourt discharge its duty objectively and Professionally ie to interpret, protect, defend and enforce the Republican Constitution. Time will tell.
    .

  13. Eeeewww ,this nasty toxic dirty minded troll KZ needs to be banned . And btw ECL is not eligible to run again.

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  14. What a waste of time! Under 5 supporters, please get it into your thick heads that ECL will be on the ballot on 12 August to do a hat-trick on your semi-god and consign into political oblivion. Let’s meet here again in 14 August if you will still have the nerves. Mwilatushupa imwe ba kabwa.

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  15. Mr Auditor General sir, what should be dismissed is your salary which we pay you to serve our interests. That should be dismissed, we need you on the streets, you ve been too comfortable on that seat. Such that you can even start nonsense like this. ***** AG,

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  16. Mlevi Kachasu- Really laughable …you are complaining about a troll getting under your skin? Everyone here knows this UK based troll/impostor. He even has no affiliation to PF

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  17. Telltale sign of Fragile State.

    IMF are you reading this?

    PF vs GRZ
    PF vs IMF

    We shall see who is going to come out as a winner.

    I; PF, got the cow; GRZ, by its horn milk it.

    “The phrase taxation without representation describes a populace that is required to pay taxes to a government authority without having any say in that government’s policies. The term has its origin in a slogan of the American colonials against their British rulers: “Taxation without representation is tyranny.”

  18. The AG is jumping the gun. The two Petitions b4 Concourt are for interpretation of the clauses cited only. The question of ECL’s Eligibility will only arise after ECL and other Candidates are nominated. In terms of Article 52 any Citizen is free to Petition the Eligibility of any Candidate successfully nominated. That will only happen after Nominations are closed in May 2021. The purpose of the two Petitions is to interpret specific Clauses cited in the Petitions. ECL’s Eligibility Petition is not b4 Concourt at this stage so the AG is wrong to jump to conclusion about ECL ‘s Eligibility. The question of Nomination fees is an administrative issue which all Stakeholders should agree to. There is no reason why those fees shouldn’t be paid on Nomination Day. At this stage Concourt…

  19. I have read the Kapalasha and Busenga Petitions and there is no where where ECL’s Eligibility is cited. The purpose of the consolidated Petition is to discuss the interpretation of the cited Clauses. Eligibility Petitions will only come when Nominated Candidates are known.

  20. Lungu’s Eligibility is not b4 Concourt. What is b4 Concourt is interpretation of Eligibility Clauses in the Constitution. Eligibility Petitions can only be filed at Concourt after Nominations are made and successful Candidates are known. This will only happen after 17th May 2021 so the AG should not jump the Gun. He should wait patiently.

  21. The constitution determining this issue is the problem and in conflict with itself. Therefore, it is at the mercy of the judges to decide and set a precedence. The Constitution says a president who has been sworn in twice cannot run for the presidency again while the same constitution says that president who has served a full term of 5 years and another term of less than 3 years is qualified to stand for another term bearing in mind that the full term was not served. This is why President Edgar Lungu may qualify to stand for a second term if we ignore the swearing in twice. Indeed he was sworn in twice, but did he serve the full two terms? The answer is very clear, his first term was barely two years and the second term is now 5 years. So did President Edgar Lungu serve 2 full terms? The…

  22. CONTINUE:- The answer is ”No” but he was was sworn in twice! Which of these two clauses outweighs the other? There is no clear outcome unless we ignore the other clause, otherwise it is a dead end bane, it just depends on who is making the decision and not the constitution.

  23. Useless argument by enemies of ECL. So in there thinking a president that rules for less than 3 years should not be sworn in for that term. To complete that term and hold 2 of your own you will be sworn in more than 2 times.
    Just let you Bally face Lungu and get nicely wallopt.

  24. The petition only is wrong, President Edgar will run for a second term and not a third term in the August 12 elections. Already such petition was filed in 2016, and at that time Court ordered in favor of President Lungu. Then why this again??????

  25. Seriously UPND and its supporters are living in their own paradise. According to Articles 106 (3) and (6), a presidential term of office ran from January 25, 2015 to September 13, 2016 can’t be considered as full term, as it is less than three years. Even the constitutional court ordered in favor of President Lungu.

  26. It seems like HH is so desperate to come to power that he is now crossing every limit. Spreading false information about President Lungu’s 2nd term, spoiling his image, etc. He should be ashamed of himself.

  27. Hichilema and his people are doing every possible thing to tear apart our Constitution. HH is such a dictator that he wants everything according to him, he wants everything should benefit only him. He doesn’t care about the government system, rules, laws, anything! We don’t want such a selfish person to be our leader.

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  28. We live in a Christian nation that follows the ideology of peace, love, and respect. Zambians are law-abiding and God-fearing people. We can’t imagine, even in our wildest of dreams, to surpass or violate any law of the land. We won’t let HH get any success in destroying all this.

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  29. Only Hichilema and his team are attacking the judiciary of Zambia which never happened in Zambia that someone is questioning the Court’s order because parotic Zambians have complete respect towards the judiciary. Though the apex judiciary has cleared the air on the Second Term of President Lungu, still HH is spreading false information about it and creating confusion among us.

  30. Enough is enough!!! HH and dull people are not ready to digest the reality of President Lungu’s eligibility. Let us all stand up and stop this foreign mafia stooge from taking over our freedom and enslaving us to his masters. Let’s do it for Zambia. Let’s do it for our future generations, for our freedom.

  31. This is false propaganda by UPND. Those fools who are debating on the eligibility of President Lungu must read the presidential form of Act, statutory number 96 of 2006 which was revoked by the electoral process regulations of 2016.

  32. Such a shame!!! Hichilema and his UPND members are not only misleading the people of this country by circulating lies, but also violating the Constitution of Zambia by questioning Court’s order.

  33. We know that HH’s intention is to grab the power and hand over Zambia to his masters sitting in foreign countries. Wake up Zambians!!!! It is high time now, we must rose to the occasion to save our Constitution and Nation from falling into the hands of the foreign mafia.

  34. Just wondering why a sane person would be angry with Likando Kalaluka for just doing his job. This shows the levels ignorance even in supposedly educated people. The Attorney General has been cited and LK happens to be the officer presently in that office, did anyone expect him not to say anything?

  35. @ The Observer. There is no need to confuse yourself. The Clause says: “A person who has held Office twice is not eligible for Election as President “. So the issue is “holding Office ” and not two full terms. ECL held Office in 2015 for 18 months and 18 months in terms of 1996 Constitution is a full Term. RB held Office in 2008 for 34 months. Again 34 months is a full Term in terms of the 1996 Constitution. RB served One full Term as President and that’s why he is receiving his Pension Benefits. In brief ECL held Office twice in 2015 and 2016 ,was elected and sworn in twice therefore is ineligible to be elected President for a Third Time. Kwama ba Dala!

  36. flag Corruption scandals: 48 Houses Social Security Cash Luxury Presidential Jet Ambulances Fire Trucks Mukula Trees Ndola-Lusaka Rd Malawi Maizegate Fuelgate Swaziland landgate Zesco Loans

    Same troll posting from #31 to #40… is this troll that desperate? Also another troll posting under the Zimbabwean flag under different aliases… please give it up already, we know you.

  37. flag Corruption scandals: 48 Houses Social Security Cash Luxury Presidential Jet Ambulances Fire Trucks Mukula Trees Ndola-Lusaka Rd Malawi Maizegate Fuelgate Swaziland landgate Zesco Loans

    As for rhe fake Kaizar Zulu imposter from the UK, get a life dude and stop being a wannabe loser!

  38. @ Musonda. U raise very interesting observations. Since ECL’s First Term Presidency and RB’s Presidency were under the 1996 Constitution they must be treated equally. If ECL’s 18 months holding of Office is not a Term then RB’s 34 months in Office is also not a Term. So RB was never been elected the 4th Republican President and as such all his Pension Benefits must be withdrawn and the Amounts spend on him so far as a former President must be repaid to the National Treasury. Concourt must know that its Verdict on ECL’s Eligibility will have repurcations on RB’s Presidency. The writing is on the wall.

  39. Why did SC John Peter Sangwa not wait but decide to petition before time, when Edgar Lungu has filed for nominations to the Chief Justice? His fear was he may be too late then. All those petitioning now are afraid of the technicalities involved with time. Eventually, they will be discredited by either petitioning very early or too late. The Attorney General (AG) is only doing his job of defending Lungu which Sangwa would rightly do if he were working for GRZ as AG.

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