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Thursday, May 6, 2021

John Sangwa petitions ConCourt to make ECZ provide mandatory affidavit form for presidential candidates

Headlines John Sangwa petitions ConCourt to make ECZ provide mandatory affidavit form for...

Lusaka Lawyer John Sangwa has raised a preliminary petition to compel the Electoral Commission of Zambia to amend the new form of affidavit sworn by Presidential candidates.

Sangwa has argued that the new version of Affidavit for Presidential Candidates/Running Mate has omitted or neglected to include the mandatory requirement of Article 106(3) which compels respondents to swear that ; I have not twice held office as President”.

He has called on the Constitutional Court to compel the ECZ to reinstate this provision as it was a constitutional requirement for the eligibility of presidential candidates to contest in the election.

The affidavit in Dispute
The affidavit in Dispute

You can download the full petition below

Sangwa eligibility petition

49 COMMENTS

  1. Really desperate to continue ruling. Very dispicable that even institutions of government are colluding to mutilate the constitution. Will wait to see what the decision of the concourt will be.

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  2. This is warped thinking to say the least…if you simply say ” I have not twice held office as President’ you will exclude those who come to office by way of running mate in the event of an eventuality…they will have twice held office of president but not a ‘term’…..law should be generic not targeted….its not like rearing chickens….the drafters of the affidavit were on solid ground…..next application

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  3. Also, the domiciled clause should be clarified between domiciled for twenty years and domiciled for twenty years continuously.

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  4. ECZ is part of the ECL Third Term Chicanery. Why did they amend the Affidavit Form to exclude Article 106 (3)?This Article is crucial to the Eligibility Criteria. “A person who has held Office twice is not eligible for Election as President “. How could ECZ delete this decisiveLimitation clause? ECZ has been caught with its pants down. This is an essential component of the Presidential Eligibility Criteria. When ECL is officially Nominated Citizens are free to Petition Lungu’s Eligibility at Concourt. ECL will have to prove in Concourt that he hasn’t held Office twice and hasn’t been elected and sworn in twice in 2015 and 2016. They have amended the Affidavit Form to aid ECL’s Third Term Bid. It’s good ECZ has been caught thereby revealing that ECZ and ECL are conniving once…

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  5. F00lish bab00n. Let him continue wasting his time. Come August his Tonga demigod will be retired from politics. Hh won’t continue feeding you for life, remember that you chi mb0I0

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  6. This so-called Constitutional Lawyer is EXTREMELY MENTALLY SICK. He is actually exhibiting the worst form of legal behavior and tarnishing the integrity of the legal profession in Southern Africa. It high time his friends told Sangwa to SHUT-UP. We are sick of being entertained to this high degree of LUNACY..

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  7. With Esau Chulu still Chairman of ECZ the manipulation of the Affidavit Form is not surprising at all. U remember the manipulation of votes in Lundazi Constituency? What about the fake Chitilika Constituency? Then Ballot Papers buried at Kalulushi Cemetery? The unavailability of Gen 12 forms, the Chavulas altering Elections Results at ECZ Computer Centre. This year Election Rigging will be worse than 2016. These are desperate times for ECL and PF. The writing is on the wall.

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  8. @ Exte, best is to provide your divergent view of what he has presented. Attack the petition not the petitioner. Sangwa is only referring to the constitution. If you are not happy with what it says, change it.

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  9. Until it’s changed, the law is what it reads, it is what it is! Even in a game of football, it’s two yellow cards and you are immediately out regardless of whether you got then in the first half, either half or second half! Lungu is out, he in ineligible

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  10. THERE IS AN ART TO BLOGGING BY USING DISGUISED WORDS
    POLITICAL BLOGGER ARE TRAINED IN THAT
    JUST IGNORE THE 1D1OT ITS HIS ONLY SCOURCE OF INCOME
    AFTER AUGUST HE’LL BE GONE
    EVERYONE KNOWS HE IS A MA RUBB1SH
    LT IT ALGORHYMS CANNOT PICK UP JUMBLED WORDS
    SP TR0ll FCUK 0FF

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  11. Lazy Lungu and team were saying that we will see “Sangwa the dull lawyer” in court but have now changed the rules…really laughable…anyway Lazy Lungu is too dumb remember how confident he was when he was advising his ministers about overstaying!!

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  12. This is most embarrassing. The Affidavit Form was amended to help ECL’s Third Term Bid. Article 106 (3) is at the heart of the Lungu’s Eligibility Petitio and should be captured in the Form. “A person who has held Office twice is not eligible for Election as President ” . The Form must be amended to include this crucial Clause without fail.

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  13. The most classic adage regarding trolling is, “DONT FEED TROLLS.” Trolls seek out emotional responses and find provocation amusing, so replying to them or attempting to debate them will only make them troll more. By ignoring a troll completely, they will likely become frustrated and go somewhere else on the internet.

    You should try your best not to take ANYTHING trolls say seriously. NO matter how POORLY they behave, remember these people spend countless UNPRODUCTIVE hours trying to make people mad. They’re not WORTH your time of day.

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  14. Lungu and PF have zero respect for the constitution…its like a Boxer fighting a street brawler expecting rules to be followed…these people are not RB or MMD who were educated chaps…they have no future apart from stealing from taxpayers

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  15. Mr. John Sanga, SC, has been finding road blokes in his much sought after petition. The affidavit is a legal document of sworn oath. This is what he wants to use in court. Even this is granted to the SC, he will still have other hurdles on his way to halt Edgar Lungu’ candidacy. That’s why he asked the other petitioners to call off the court case to get sole due advantage by avoiding duplicated cases.

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  16. I LIKE THE LAST PART OF THE SAID CONSTITUTION STATING THAT AS AMENDED BY ACT NUMBER 23 OF 1996, PLEASE CAN WE ALL HEAR AND READ WHAT THIS ACT SAYS THEN WE CAN ALL DEBATE?

    PLEASE ZAMBIAN LAWYERS ALL OF YOU COME OUT AND TELL US WHAT THIS ACT IS ALL ABOUT AND HELP US ALL ZAMBIANS OR ELSE WILL ALL CRY TO YOU IF YOU DO NOT HELP SC JOHN SANGWA. THIS IS THE PART WE ALL WERE WAITING FOR TO SEE IF ECZ WILL NOT FOLLOW OR WILL FOLLOW THE CONSTITUTION.

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  17. @ KAIZA ZULU,
    F00lish bab00n. Let him continue wasting his time. Come August his Tonga demigod will be retired from politics.

    THIS IS YOUR PROBLEM. WHEN WE SAY UMWANA WANSOKA NINSOKA. YOU TRIBALISTS AND INSULTERS WHY DONT YOU BEHAVE LIKE NORMAL HUMN BEINGS? WE DOUBT ALL OF YOU WHO ARE FOND OF INSULTS. IT WILL NEVER HELP YOU. LOOK AT NAWAKWI TODAY SHE SILENCED BY THE MAZUBA FAMILY AND WILL PAY MORE THAN $3M FOR INSULTING HH AND NEXT AFTER ELECTIONS, IT WILL BE PEOPLE LIKE YOU.

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  18. akapS – Zambian Citizen has been on LT way before Tony joined PF its impossible…plus Zambian Citizen is not that sharp upstairs!!

  19. WHERE IS IREEN MAMBILIMA AND WHAT IS SHE SAYING OVER MOTHER ZAMBIA? PLEASE YOU WERE PRAISED DURING MWANAWASA’S TIME BUT WHY ARE YOU SO QUIET AND WANT TO LET ZAMBIA GO TO THE DOGS? PLEASE STAND UP OUR MOTHER AND SPEAK OUT. YOU ARE A NOBLE JUSTICE AND WE ALL RESPECT YOUR VOICE IN THIS CASE. DEFEND THE CONSTITUTION MAYO TWALILA KABILI TWAMIPAPATA. DONT BE SWAYED BY ANYBODY BUT BE WHAT YOU ARE AND EXERCISE YOUR RIGHTS IN THIS ISSUE.

  20. Yeep, the old good days !
    People change…… we had the N.£.Z UPND Strategist, then turned into white lady lover, now imposting as KZ
    Spaka grew up into AKAPS
    and JJ is now New Tarino
    I reminder how years are moving fast.
    Now serious. Good Approach from Sangwa, and iam sure this first step has sent waves across PF and Lungu. Sangwa will be biting Lungu, slowly but surely.

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  21. eep, the old good days !
    People change…… we had the N.£..Z UPND fimomo, then turned into white lady lover, now imposing as K.Z
    [email protected] grew up into AKAPS
    and JaJa is now New [email protected]
    A reminder how years are moving fast.
    Now serious. Good Approach from Sangwa, and iam sure this first step has sent waves across PF and Lungu. Sangwa will be biting Lungu, slowly but surely.

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  22. Edgar will not answer twice elected, then what??
    I am not qualified because I have not lived/docile in Zambia for 20 years.

  23. The usual PF noise makers are here again attacking the person instead of articulating on the issue. The affidavit has been changed – to suit your GREAT LEADER, in breach of a Constitutional provision. What is your take? Oh, I forgot, you are completely incapable of any form of intelligent argument or even mere observation or acknowledgement of a glaring matter.

    Shouldn’t there at least be an explanation for this manoeuvre, however implausible? That’s at least the minimum that normal minds would ask for.

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  24. Rudy Giuliani enriched himself by harvesting Tons of US Dollars by misleading Donald Trump on the outcome of US Presidential Elections. A leader of a Zambian opposition political party is nurturing a Zambian version of a “Giuliani” who is desperately challenging the Constitutional Court with the aim of getting rid of ECL from the August Presidential Election. The rich have no respect nor any regard for competitive democratic practices – but rather they are geared to amass wealth from national coffers at all costs.

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  25. LT, the judgement on the Dan Pule and others case which was later joined by LAZ and UPND as interested parties is a public document. Please reproduce it here so that our learned friends can provide us more entertainment on its interpretation. They have entertained us enough on the interpretation of different verses, clauses, parts and chapters in the constitution on the third term issue.

  26. The omission of Article 106 (3) from the Affidavit Form was deliberate to undermine any Petition filed on ECL’s Eligibility. ECZ is again conniving with the Executive Arm of Govt to advance ECL’s Third Term Bid. ECZ has been caught pants down. Article 106 (3) is at the Centre of ECL’s Eligibility. ECL needs to prove to Concourt that he has not held Office twice, he hasn’t been elected and sworn in twice in 2015 and 2016 to get a Certificate from Concourt for a Third Term. Article 106(3) has to be included in the Affidavit Form without fail. Well done John Sangwa SC. Stay blessed and alert for the work ahead.

  27. LAZ, you joined the Dan Pule case and others on the eligibility of ECL to contest the 2021 elections in the public interest to protect the constitution. Can you in simple plain English tell the public what the judgement is so that dignity of the Con court is at least maintained. Right now the integrity of the judiciary is in “tatters” and you know they judges cannot come and defend themselves. Or do you also have a political agenda?

  28. Zambia is going through interesting times as we head towards 12 Aug. I always wonder.: is it our constitution has inconsistencies and is it the way we look at it depending on the side where one is? I think we must clean up our constitution to make sure even the strongest or most dribbling politician can not manipulate it. Our learned friends, you must help the nation on this one objectively.

  29. The petition by John Sangwa to order the ECZ to amend the Nomination form by the Concourt to include on the Presidential/Running mate nomination form the provision that demands one to answer whether or not has served as President or Vice President twice is an exercise in futility.
    As much as Judges Do ENACTS LAW at times, am afraid this amendment request/petition requires full revision or amendment of the Constitution by Parliament sitting for it to be AMENDED and included on the nomination form.

  30. CONTINUE
    In any case John must be reminded that Presidency goes with the MAXIMUM TWO TERMS OF FIVE YEARS EACH in tandem with the life span of Parliament. Unless this has been removed. So IF AND WHEN THE FORM IS AMENDED THE TERM OF FIVE YEARS FOR EACH SERVICE MUST AS WELL BE INCLUDED so says Article 106 (1) and for less years Article 106 (6) b is very clear. If Sangwa insists on the above, then it should read as follows: “I have not twice held office of 5 year term each as President”.

  31. CONTINUE
    So that if one has served twice and completed two terms of five years each NINSI KWASILA. If not “ALUTA CONTiNUA” FOR ECL. I wonder why proponents of Twice Held Office are not talking about the TERM OF OFFICE, ITS THERE IN THE CONSITITUTION. My fellow Zambians those who think they know it all upsets those of us who do. I LEAVE THIS TO THE ATTORNEY GENERAL, SOLICITOR GENERAL AND ECZ COMMISIONER “ JUDGE CHULU” to articulate further.

  32. Doesn’t the SC have any other way of going round his petition crusade to provide UPND victory hope? Has he run out of ideas suddenly? There was so much hype and hullabaloo about how seemingly easy it would be to prevent a presidential candidate. Our learned lawyer is now reinventing the wheel on declarations. I fear he is alerting us he is fighting an already lost battle.

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  33. This is only the opening shot by Sangwa,

    And if the PF think lungu has not been sworn in twice or held office twice or term in office twice , they should not have any issue with reinstating that clause……

    Why don’t they want the clause to be there ?

  34. You are just wasting both your, as well as the Court’s time. Find something productive to do because ECL will be on the ballot paper with or without your irritating and useless petitions.

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  35. Yes even in football two yellow cards is clear you are sent off…but VAR aka Concort can reverse the yellow card it can even replace yellow with red…

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