The Constitutional Court has dismissed Lusaka Lawyer, John Sangwa’s petition.
Lusaka Lawyer John Sangwa had raised a preliminary petition to compel the Electoral Commission of Zambia to amend the affidavit sworn by aspiring presidential candidates.
Sangwa had argued that the new version of Affidavit for Presidential Candidates/Running Mate had omitted or neglected to include the requirement of Article 106(3) which allegedly compels respondents to swear that; “I have not twice held office as President“.
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 was challenging Statutory Instrument No 63 of 2016 which was published in the Gazette on August 12, 2016.
But the Attorney General Likando Kalaluka said that there was no need for any amendment to the Presidential Candidate/Running Mate affidavit, in his answer to a petition filed by Constitutional lawyer John Sangwa.
Mr. Likando 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 requirement 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.”
Mr. 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.
The ConCouurt it seems was constituted to perpetuate Lungu’s hold on to power and his egregious idea of ruling forever like Museveni. The ConCourt is the most disingenuous group of PF carders that should not be allowed to exist after August 12th. Very sad situation.
YES WELL SAID MY BROTHER BANDA, BUT WE THE CITIZENS AND PATRIOTS HAVE THE OPPORTUNITY TO VOTE OUT PF AND LUNGU IN THE 12TH AUGUST 2021 ELECTIONS , SO WHERE EVER YOU ARE IT IS TIME TO VOTE OUT THE VISIONLESS LEADER AND HIS CADRES NOW NOW . HE HAS USED HIS SO CALLED CONCOURT FOR HIS PLAN FOR THE THIRD TERM TO JOHN SANGWA JOB WELL DONE AND EVEN AFTER THE NOMINATIONS HE NEEDS TO BE CHALLENGED ONCE AGAIN
Lungu and his gang say he has not served two terms or not held office twice…….
Why is this corrupt fraud convict thieving moron lawyer afraid to sign an affidavit that says so ??????.
Totally agree, the partisanship and bias from the ConCourt is clearly visible. At the moment, they are the greatest threat to our fledgling democracy.
Worry not SC,we are still going to kicking them the hell out!
One of the attributes of a good leader is to know which battles to fight and which not to. If you want to defeat Edgar do it through the ballot. When Sata lost to RB in 2008, some people advised him to petition the election results but he said it was a waste of time. Indeed, the King Cobra as a seasoned politician understood that he could only defeat the MMD through the ballot and that’s exactly what he did. John Sangwa isn’t a fast learner. The moment the ConCourt dismissed Kapalasa’s petition he should have understood that he wasn’t going to get anywhere. There’s no court anywhere in the world that can revisit its own verdict. Unfortunately ConCourt decisions aren’t appealable. Just accept that you’ve lost and move on than give your followers and sponsors false hope
This is not “The Zambia we want ” where Concourt is State Captured to serve the interests of an Individual. Top priority for a New Govt after August 12 must be to reform ECZ,Concourt and the AG/SG’s offices. Concourt has proved that it is not there to serve Justice but to serve and protect the interest of the Appointing Authority. To avoid a fully fledged ECL and PF Dictatorship Zambians must vote for HH and UPND Alliance and “The Zambia we want” Alliance. Another 5years of violent, Corrupt, incompetent and Visionless ECL Rule will be a disaster to Zambians. To turnaround this Economy and People’s lives we need to usher into Power HH , UPND Alliance and “The Zambia we want” Alliance. Failure to do so will mean continued ruin and suffering for Zambians for the next 5 years…
Another useless exercise to just waste Zambian’s time. The diasporan donkeys like spaka and tarino got excited and think John Sangwa was going to pull it off. Just like August 12, it’s all failure!! Instead of concentrating on policy and national ideas, it’s Lungu this, Lungu that. Now time has run out and your Sangwas have failed yet again with no strong policies to convince Zambians. PF has been pa ground since the beginning of the year. Upnd is struggling with even just adoptions.
This is very concerning for LAZ to allow such to continue.What picture does it portray if our lawyers cannot interpret the law.Politics should be left to politicians.Sangwa is a senior state counsel who should first read and understand the law before taking this to court.I can imagine how people pay money to these lawyers on just be told false hopes.LAZ needs to clean up so that professional ethics are followed.
This is not a personal setback for Sangwa SC. It is a National Tragedy to have State Captured Electoral Institutions like ECZ,AG’s Office and Concourt serve and protect ECL as an individual at the expense of Public Good. That makes the August 12 Elections the best opportunity to vote out this Corrupt, incompetent and Visionless ECL out of Power. Should ECL and PF retain Power, People are will Cry and suffer for the next 5 years. To avoid all this ,People must go and vote in huge numbers for HH,UPND Alliance and “The Zambia we want” Alliance. Failure in this Case is not an Option. This Election should be a Referendum on ECL and his Third Term Steal. We stopped Chiluba’s Third Term Wish we can do the same to ECL. This is the greatest threat to Zambia’s Constitutional Democracy. The…
He is like that stinky fart that won’t go away. A bit like hh who is like a fly that won’t go away and yet he loses every 5 years. In the end I will remove doom and spray this fly
This is a poorly written story, as it does not reflect what judge Musaluke said, particularly that Sangwa’s petition was dismissed with costs. Away from this, I must mention that the problem with some of our lawyers is that they overrate themselves thinking they are the only ones who understand the law more than others. Sangwa ridiculed the first group of constitutional court judges that was appointed claiming they were ill-qualified and lacked experience to be constitutional court judges. One just wonders why the same Sangwa still wants to appear before them. I am sure he also has little regard for Judge Musaluke who is even younger and less experienced than the group of constitutional court judges that was first appointed. As Canadian based Zambian lawyer Munshya says, Sangwa lacks…
What will matter now is the people’s power. If the majority of Zambians don’t want Edgar Lungu they will vote him out on August 12 and then he will come and face the breaches of the constitution he has committed, if at all there are any. Hahahahaha………..
Kikikikikiki what is interesting is that we still have people who expected a different outcome from the Concourt.
@Banda. U are right. ECL established Concourt in 2016 with one objective. To prolong his Rule thru this State Captured Court. Concourt will never Rule against ECL in any Petition. People must realise that ECZ,ZPS, Concourt and AG/SG’s Offices are controlled by ECL .People’s salvation lies in voting out Lungu on August 12. Any Presidential Petition against ECL’s win in 2021 Elections will be dismissed in the same way this State Captured Court did in 2016. The only solution is to turn this Election into a Referendum on ECL and vote 4 HH massively thru out the Country but especially in CB and Lusaka Provinces. Lungu intends to rig the Election so People must put their lives on the line to protect the Vote. The writing is on the wall.
What most of you bloggers who say ECL does not qualify to stand in 2021 is that the diplomatic community in Zambia has and have read the constitution and if it was so they would made reference to it. Instead they have been supporting ECZ and other UN agencies to prepare for elections. What does that tell you?
No brainer here! This fourth arm of PF was always going and expected to do this. We need to change the Constitution to make the ConCourt a surbodinate Court or get real judges. Very messy indeed.
The first priority for an HH and UPND Alliance Govt is to reform this Lungu Concourt. Concourt is a Court which is 100% controlled by ECL. The Opposition Parties can forget about having favourable Judgments against ECL. Zambia Concourt has proved that it is not an Independent Court. It’s judgments are dictated to by State House. The only way to get Justice from this biased Court is to vote out Lungu out of Power.August 12 presents a chance to send ECL “ku wire “. Giving another 5 years to ECL will be a disaster for Zambians. The Economy will worsen,Rule of law will cease to exist and PF Cadres, Militias and Vigilantes will be in charge of Govt and Public Institutions in Zambia. The writing is on the wall.
Ok when I told you guys that Sangwa just want to eat HH’s money….being a Lawyer he should know that a “a good Lawyer knows the Judge not the Law “….and HH is so gullible to believe Sangwa…Lungu appointed all Concourt Judges…so what do you expect Mr half baked Lawyer
THERE IS NO WAY THE CONCOURT CAN RULE AGAINST THE APPOINTING AUTHORITY SO SOON MAY BE IN THE NEAR FUTURE, EVEN IF IT WERE ME CAN’T EXPECT MY APPOINTEES TO RULE AGAINST ME. THEY SURVIVAL AND LOYALTY IS TO ME NOTHING ELSE. THE ONLY IF THOSE WHO ARE OPPOSED TO ECL AND HIS PF IS TO MOBILIZE THE MASSES TO TURN OUT IN THEIR NUMBERS AND VOTE AGAINST ECL AND PF OTHERWISE WE SHALL BE IN FOR A SURPRISE. THE OPPOSITION IS EVER DISORGANISED STILL STRUGGLING WITH ADOPTIONS AND HAS NOT EVEN KICKED OFF THE CAMPAIGN EFFORT YET .ECL MEANS SERIOUS BUSINESS AND CAMPAIGN AND MEDIA TEAM ARE IN TOP GEAR THE REASON HE COULD NOT EVEN TRAVEL TO UGANDA FOR MUSEVENI’S SWEARING IN CEREMONY.
It is much better to represent yourself rather than hiring a biased Lawyer.
The ConCourts dismissal of John Sangwa’s petition , just proves that the Dan Pule case judgement did not address ECL’s eligibility in terms of holding office.
If ECL has not held office twice, why are they afraid of including that provision to the ECZ affidavit?
These PF cadre judges will have their day of reckoning.
What do you expect from Judges, John Sangwa called unqualified…these are Lungu’s hand picked stooges who were fast tracked by Lazy …they will forever grateful to him.
I remember when I had a court case in Atlanta….after discussing my case with my lawyer…he then told me ” don’t worry i know the Judge in Court room number 3″…..Court day i went to court, my matter was called…..the Judge asked how many night i spent in Police custody…my Lawyer said 2 nights…then the Judge said case dismissed you’re free to go…time already served…meaning the 2 nights in Police custody
What will this court do when their Champion is out of power? Is that when they will start practising law? Donald Trump appointees were real genuine judges and never sided with their appointee but stood on the right side of the law. But not so in a country where hunger determines matters. One need not be a lawyer to know that the Constitution over rides any law. Where a law or SI goes against the constitution, that law is illegal. The Affidavit is illegal. The court is not making any law, it has the power to order the Legislature or minister or ECZ in this case, to go back to the drawing board and re-write the law. Once again the inept Con Court has washed its hands.
The fact a case is dismissed does not always mean the decision has legal merits or a sound interpretation of the matter. There are numerous judgements, especially in dictatorships, which have shown that the judgements were made on the premise of political expediency or fear rather than clear legal interpretation.
I wouldn’t even see this as ‘a loss for Sangwa’. It may rather be a set back for Zambians who strive for the rule of law, good governance and adherence to the Constitution. Some of you are criticising Sangwa merely on the basis of your set political inclinations and where your bread is buttered and not out of the concern of the democratic and economic survival of the country. At least he has had the ba.lls to take on the regime and it’s cronies.
This sangwapo guy has stopped making sense to me and this exactly what happens when you start personalizing issues. What next now for this guy?
He warned the judges already and what do you expect.
Sangwa is just okay, he is using the civil and mature way by going to court. He is not throwing stones like those who stone apposition helicopters in Shiwangandu every election. Let us respect his stance, he is not insulting and he is not breaking any law
What a wrong heading, it is not John Sangwa suffering a major set back, it is the person being voted out in August who will suffer a major set back. Straight forward things
Those of you who are saying that Concourt is compromised, how do you explain the big slap in the face the judges gave to ECL on the ministers who continued in office after dissolution of Parliament?
Lungu’s Concourt should be disbanded together with ECL ,the Inventor. ECL set up Concourt to guarantee his Presidency for Life. ECL once said that with all the State Machinery under his control he cannot loose Power. He said “in 2015 and 2016 u voted me out but I am still here and in 2021 I will still be there”. The challenge is how to get Lungu out of Power. If he looses this Election he will steal the Elections to retain Power. The only way to get Lungu out of Power is to vote 4 HH in huge numbers and protect the Vote. If Zambians unite this is possible. A new HH Govt can then reform all Electoral Institutions including Concourt. Failure to do this means having Dictator Lungu 4 another 5 years. People will suffer and perish under ECL.The writing is on the wall.
I will vote for anybody but LUNGU or HH.
To me hoth are power and money hungry.
SANGWA & CO HAVE TOO MUCH MONEY AND VERY LITTLE BRAINS. THE MATTER WAS DEALT WITH IN A PREVIOUS PETITION AND YET WENT AHEAD WITH A USELESS CASE?
@The Saint. Please spare us with USA courts behaviour over Trumps claims. I really get shocked when people say the courts in USA were right to refuse to hear Trump’s elections rigging allegations but they attack the Zambian Courts who infact acts honourably by according people appear with their claims before it in both HH’s presidential petition and the recent ECL eligibility case. Zambian courts have been more fair in handling elections cases than what the USA courts did to Trump. Whether his claims were true or false it is the duty of the courts to hear and demonstrate that he was lying.
Sorry, if Lungu loses he will petition the results at concourt and win! Ha ha ha. Sad not do?
Democracy at times may not be worthy it at all
Kudos to you state counsel John Sangwa
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