The Constitutional Court of Zamhia has this afternoon dismissed the petition by UPND Katuba Member of Parliament Bampi Kapalasa and UPND Member Joseph Busenga on the grounds that the matter was already decided in the Dan Pule case earlier decided in 2018.
In a unanimous ruling delivered by Constitutional Court Judge Mungeni Mulenga on behalf of the full bench of seven (7) Constitutional Court Judges, the Court agreed with the Attorney General that issues regarding interpreting the term of office held by President Lungu from 2015 to 2016 were conclusively decided by the Court and that it no longer has jurisdiction to re-examine the same issues.
The Court further said the question on defining what it means to hold office as stated in Article 106(3) was part of the decision in Dan Pule case which cannot be reopened and rexamined by the Court.
The Attorney General had argued that the matter should be brought to a conclusive end as it is meant to prejudice President Lungu in filing nominations this month. A team of 7 lawyers from the Attorney General Chambers led by Likando Kalaluka argued before the full bench that matters being pursued on Article 106 were res judicata and the Constitutional Court has become functus officio.
The Court has set Friday, 7th May, 2021 to deliver a full written judgment.
Earlier, the Court dismissed a counter motion by Katuba MP to dismiss the motion as is was found to be improperly before the Court. The Court found that Mr Kapalasa had waived his right to raise a motion against another motion when he had already made submissions against the preliminary issue raised by the Attorney General.
Also in attendance during the hearing included Lusaka lawyers John Sangwa, Makebi Zulu and President Edgar Lungu’s Legal Advisor Sukwana Lukangaba. Others in attendance were Governance Activist Isaac Mwanza, NCP President Peter Chanda, student leaders, among others.