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Sunday, June 13, 2021

Attorney General Supports Changes made by ECZ to the Presidential Candidate/Running Mate affidavit

Headlines Attorney General Supports Changes made by ECZ to the Presidential Candidate/Running...

ATTORNEY General Likando Kalaluka says there is no need for any amendment to the Presidential Candidate/Running Mate affidavit.

According to the petition, 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”.

The Attorney General said this in his answer to a petition filed by Constitutional lawyer John Sangwa.

Sangwa petitioned the court, seeking an order that the Electoral Commission of Zambia (ECZ) be commanded to amend the Presidential candidate/Running Mate affidavit.

He argued that the affidavit in its current version does not meet the requirement of Article 52 of the Constitution.

Sangwa is challenging Statutory Instrument No 63 of 2016 which was published in the Gazette on August 12, 2016.

But Kalaluka has filed an answer and also raised two preliminary issues.

He stated that Sangwa’s prayer for amendment of the affidavit does not take into account Article 106 (6) of the Constitution and the Constitutional Court’s pronouncements in the case of Dr Dan Pule and Others vs the Attorney General, Davies Mwila (PF Secretary General), the Law Association of Zambia and Stephen Katuka (UPND) and Bampi Kapalasa and Joseph Busenga Vs the Attorney General cases in which President Edgar Lungu was declared eligible to contest the August 12 General Elections.

Kalaluka argued that Sangwa’s petition seeks to grant the court jurisdiction to draft legislation which jurisdiction directly flies in the teeth of Article 62, 128 and 177 of the Constitution.

“Accordingly, this court has no jurisdiction to entertain the petition,” he stated. “It is not a mandatory requirements to include the provisions of Article 106(3) of the Constitution of Zambia in the affidavit for Presidential Candidate/Running Mate Form No, Gen 4 as the said Article 106 (3) relates to the tenure of Office of President which is not provided for under Article 100 of the Constitution.”

And Kalaluka in the alternative, has argued that the part on the affidavit which states that: “I qualify for nomination as a Presidential Candidate and the disqualifications in Article 100 (2) do not apply to me” confirms that all the Constitutional requirements relating to the nomination of a Presidential Candidate have been met.

“In the premises, there is no need for any amendment thereof,” he said.

Meanwhile, Kalaluka argues that there has been an inordinate delay on the part of Sangwa in challenging the constitutionality of Statutory Instrument No 63 of 2016.

The Attorney General therefore, wants the court to determine whether or not the allegation/contention that the affidavit for Presidential Candidate/Running Mate Form No Gen 4 prescribed by the Electoral Process (General) Regulations SI No 63 of 2016 promulgated on August 12, 2016 does not meet the requirements of Article 52, is out of time contrary to section 67 (3) of the Constitution.

Kalaluka also wants the court to determine whether or not Sangwa, by seeking amendment for the affidavit for Presidential Candidate/Running Mate in order that it includes words: “I have not twice held office as president” is inviting the court to exercise the jurisdiction of drafting legislation contrary to Article 62, 128 and 177 of the Constitution.

“That the said challenge can only be entertained by this court if instituted within 14 days of the publication of the Statutory Instrument in the Gazette in accordance with Article 67 (3) of the Constitution.

45 COMMENTS

  1. The con-court in its current form cannot rule in favor of Sangwa.

    Ubufumu busheta amenshi 🙁

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  2. If lungu has not held office twice or served 2 terms , why are you afraid of making him sign an affidavit that says so ?????

    What are you afraid of ……????

    These are crooks lead by a fraud convict corrupt moron lawyer in state House…..

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  3. Indeed if he has not held office twice why are they scared of putting it in the affidavit, simple. There is something fishy going on here. The magnacata is clearly written on the wall. There is time for everything.

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  4. It seems the Affidavit Form has recently been amended in anticipation of Petitions being filed via Article 52 on ECL’s Eligibility. The Amendments have been made to help ECL defend his Third Term Bid. That is the issue. Whose interests are the AG and ECZ protecting? What do they loose if “I have not twice held Office as President”is inserted in the Form. Since the 18 months ECL served as a President is not regarded as a full Term by Concourt why are they resisting this Amendment which is consistent with Article 106 (3)?Time Technicality shouldn’t be used to deny justice. If Concourt illegally and unconstitutionally dismiss this Petition as they did with the 2016 Presidential Petition then they will have confirmed that Zambia Concourt is 100% State Captured. Should “The Zambia we…

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  5. You would be excused for thinking that Attorney General is Lungu’s personal lawyer…what is wrong with just putting it back whether Lazy Lungu qualifies or not that is not your problem. These people have no respect for the constitution

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  6. Zambia Concourt ever since establishment has not served the interests of the People. ECZ,Concourt, AG and SG are 100% controlled by ECL who is the Appointing Authority. To restore Constitutionalism, Rule of Law,Good Governance and respect for Human Rights the first thing any New Govt in Zambia is to reconstitute Concourt. Zambia Concourt in its current form is not serving “The Zambia we want” Dispensation. The Alliance should do something about Concourt should they win the 2021 Elections. The writing is on the wall.

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  7. They are busy crying over trivial articles meanwhile we are busy selling our messages and development plans to our people. Come 15 August the f00l hh will be running to courts to petition results while mutinta hichilema would have had enough of his losing and leave him for chellah tukuta. The useless photographer

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  8. They are busy crying over trivial articles meanwhile we are busy selling our messages and development plans to our people. Come 15 August the f00I hh will be running to courts to petition results while mutinta hichilema would have had enough of his losing and leave him for chellah tukuta. The useless photographer

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  9. This is not “The Zambia we want ” where the AG,ECZ and Concourt are defending the interests of an individual against the interests of the People. ECZ and the AG are resisting the Amendments to protect ECL is his Third Term Bid. The Amendments are for posterity and not targeting an Individual. By resisting this Amendment the ECZ and AG are confirming that ECL has served two Terms. If indeed 18 months is not a Full Term and ECL is standing for a Second Term then why object to the Amendment? Concourt should avoid making the same mistake of dismissing this Petition based on Time Technicality like they did in 2016 with the Presidential Petition. It must hear this Petition on its merits. People have very little confidence in Zambia Concourt. It’s high time Zambia Concourt redeems itself as…

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  10. So if ECZ made some Amendments to the Affidavit Form why can’t Sangwa SC Petition those Amendments? Why were those Amendments not made in consultation with all Stakeholders? Is ECZ hiding something? Why should some Eligibility Clauses be covered in the Form while others are not? Article 106 (3) is a Crucial Eligibility Clause so it must be covered in the Affidavit Form? Time Technicality shouldn’t be used in this instance. Zambia Concourt shouldn’t be a Court of Technicalities to always evade Justice. Concourt made a serious error in 2016 when they dismissed the Presidential Petition based on Time Technicality. That was illegal and unconstitutional. Can Concourt redeem itself?

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  11. Simple minds will always link John Sangwa to some political party because they can not understand men of integrity and that there are people willing to stand of for the constitution of Zambia.
    I just read Bowman Lusambo’s post the nincompoop is busy thanking Lazy Lungu for giving the opportunity to lead forgetting that its the people of Kabushi who put him in that seat. He has become so arrogant and fat after eating all those kickbacks from AVIC and other the Chinks.

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  12. From experience I have learnt that those lawyers that talk too much don’t have credible arguments at Law, so they play to the gallery and John Sangwa falls into that category. It’s very difficult for laymen to follow legal arguments by Dr. Luduig Sunday Sondashi, you just see his results at the Bar. He’s been very successful. I had mentioned here that if indeed Sangwa had a credible argument he wouldn’t have to wait until candidates file their nominations. Matters of Law can be decided upon at any time. So I agree with the submissions by the AG. Let’s not fight political battles in Court

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  13. @Zimba, that’s the misconception that most people have. ECZ acts according to its mandate as prescribed by the ECZ Act. The legislative function lies with Parliament. The only stakeholders that Government consults on matters of Law are Parliamentarians, if others are consulted then it’s being generous. John Sangwa is giving people false hope, the earlier you realize that the better for you.

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  14. The AG is always hiding behind Preliminary issues and Time Technicalities. Why can’t the AG ever make arguments on the Merit of the Case? Are AG and SG personal lawyers of ECL? AG and SG are Civil Servants who should serve the interests of the People and not ECL as an individual. ECZ made recent Secret Amendments to the Affidavit Form. Why didn’t consult with Stakeholders? They are obviously hiding something beneficial to ECL. Since ECL is standing for a Second Term ECZ should insert “I have not held Office twice as President ” in the Affidavit Form. What prejudice is there to ECZ and the AG? We can smell a fish!

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  15. One of the many achievements of the PF’s 20 years in power is to turn all all civil servants and and courts into mumbling …. Why is it okay to omit a very important requirement? Why was it put there? You can not legalise a third term for them. The Constitution has been breached!!!!

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  16. Mulandu taubola!!!
    My fear is that this will come to haunt ECL after serving presidential office. Stress can kill you early.
    I hope it is not treasonable.

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  17. ECL has served us well. He should just pass on the baton and be proud of having done that and served the country.
    I don’t think another term is worth it.

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  18. You are just wasting your time by petitioning the so called third term, start campaigning tell people what you will do which the PF government has failed to do or else you will regret.

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  19. Ayatollah – John Sangwa is not giving anyone hope he is in his own right to petition anything he sees is against the constitution …the world will not stop when he wins or loses. Its funny how you are there disrespecting his credentials when he is a SC…he has every right to heard. You are saying Dr Sondashi is a much successful lawyer without citing which DR LUDWIG SONDASHI v THE ATTORNEY-GENERAL case compares to this petition.

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  20. I have liked and learnt the contribution of many bloggers here wow….being struggling to make sense but a bit light has shined

  21. Ex-Maroon – John Sangwa is not a political party…take off those politically tinted glasses and use your head for once!!

  22. One is left with no option but to conclude the current Constitutional Court Judges in Zambia are the modern day notorious Nazi-era judge Roland Freisler who as president of the People’s Court. issued around 2,600 death sentences to opponents of the Nazi regime. Like him, we will hang you all after Lungu is removed from office this August!

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  23. UPND went to the Court twice and filed the same plea questioning President Lungu’s eligibility. What UPND thinks, Judges have no other work or what?

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  24. UPND and its supporters are afraid of President Lungu, it is clearly seen that they just want to remove the President from the election race.

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  25. Hichilema is a criminal, all his dirty crimes are out in the public with solid proofs then why no one questioned his eligibility to contest the election? Are people so unpatriotic to vote for a person who fraud and corrupt and make him the face of Zambia??? NO! We are not!!!

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  26. Let’s ignore everything and focus on the August 12 elections, we are so excited to see President Lungu wearing the crown of victory again!

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  27. Basically, Sangwa has no knowledge about our Constitutional Court. He is doing it just because he is getting huge money from Hichilema.

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  28. The handful of people supporting UPND over the Presidential term and speaking nonsense without having any knowledge are not defaming PF or Mr. Lungu, but are insulting Zambia’s Constitutional Law.

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  29. Our President is unbothered and busy implementing development in Zambia. So let us not entertain the fools and pay attention to positivity.?

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  30. It is loud and clear that President Lungu is not serving the second term and for that, he is not answerable to anyone.

  31. It is funny that the haters are calling Judges and lawyers corrupt because the order is not in favor of UPND. Lol….

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  32. @Tarino Orange, you’re free to hold your opinion. Perhaps you can explain why Sangwa has petitioned ECZ over an affidavit when he told us that he’ll petition ECL’s eligibility? Haven’t you read how Sakwiba Sikota made funny of this petition? Why hasn’t Sangwa included all clauses in that part of the Constitution? Keep dreaming of you think anything will come out of this

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  33. Kalaluka has submitted so many contradictions. Eg. The court has no jurisdiction and at the same time he is saying the court could only entertain Sangwa if he had filed within 14 days

  34. The proposed insertion in the Affidavit Form: ” I have not held Office twice as President ” confirm exactly what ECL claims so why he is refusing to sign under Oath for the Truth? ECL says he has not held Office twice as President. So he should confirm the position by signing the Affidavit Form with this Amendment. By resisting this Amendment ECZ and AG are confirming that ECL has held Office twice, has been elected and sworn in twice and therefore doesn’t qualify for a Third Term. Chapwa!

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  35. There is nothing wrong with aligning the Affidavit Form to the Constitution. The Constitution is very clear. “A person who has held Office twice is not eligible for Election as President”. The proposed “I have not been elected twice as President ” should be included in the Affidavit Form not just 4 Lungu but for 5future Presidents of Zambia. ECZ is hiding behind a technicality to protect an individual as opposed to serving the interest of all Zambians. Article 106 (3) is a Crucial Eligibility Clauses which should be included in the Affidavit Form.

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  36. You may wonder why some people like fighting losing battles.
    Very trivial subconscious and emotional losers endeavor.
    Zambia overdrive, let’s roll folks. It’s election time. Let politicians lie, promise, inspire, reassure, convince, uplift, bless, intrigue, coerce, date, engage and passionately speak to electorates.
    May electorates see through these politicians, discern and elect Patriots and solution providers.

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  37. PF surrogates have been..,not UPND! In any case courts in Zambia are very strange, cases take years . I do not know whether to allow corruption or just show heavy workload. You got to ask yourself how did cadres become judges! To serve whom?

  38. Ayatollah – if Lungu files papers at ECZ on an affidavit without that section missing how is Sangwa going to petition his ELIGIBILITY…DO YOU not understand what an affidavit is? An affidavit is a written statement that has been sworn to be true. Affidavits are used as additional evidence, for example in conjunction with witness statements in court. An affidavit is used for the purpose of proving in court that a claim is true. Do you now see why Sangwa is insisting that section be put back.

  39. Why did ECZ secretly change the Affidavit Form? They did this without consultation with Stakeholders. The Form is not targeting an Individual so why make changes to the Form which are linked to Lungu’s Eligibility? That Form should restrict the number of years a President should hold Office. So the “I have not held Office twice as President ” insertion is welcome.

  40. The biggest problem here is eligibility. Why has John Sangwa started talking about the affidavit. A good lawyer must win cases otherwise, there is no. The affidavit can never replace the constitution. How does the constitutional lawyer lose a court case but hopes to win the affidavit?

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