Wednesday, July 24, 2024

Sangwa petitions ConCourt, seeks to nullify President Lungu’s candidature

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As widely expected, Lusaka lawyer John Sangwa has petitioned the Constitutional Court to disqualify the nomination of President Edgar Lungu as the Patriotic Front candidate in the August 12, 2021 polls.

In an elaborate 31 paged petition, Mr. Sangwa is arguing that President Lungu is not eligible to contest the elections as he has held office twice.

President Lungu was elected in January 2015 after the death of president Michael Sata in 2014.

The Head of State completed president Sata’s term in August 2016 and was re-elected to run through to 2021

59 COMMENTS

  1. THIS IS WHY WE MADE SURE BILL 10 WAS KILLED TO ALLOW FOR ELETROCAL PETITION ,
    SC, KEEP IT UP WE ARE WITH YOU IN FULL AS THE PF CANDIDATE DOES NOT QUALIFY TO
    STAND FOR THE THIRD TERM , ALSO THAT HE CANNOT BE ALLOWED FOR ANOTHER FIVE YEARS ,
    AS THAT WOULD MEAN MAKING 12YEARS PLUS OF THE ONLY EXPECTED TEN YEARS MAXIMUM.

    SO FROM WHICH EVER ANGEL YOU LOOK AT IT HE DOES NOT QUALIFY AT ALL, GO GO SC SANGWA ,
    THE PROBLEM THIS MAN IN QUESTION IS A BAD LAWAYER WHO CAN NOT UNDERSTAND SIMPLE LEGAL ISSUES AT ALL. WE TOLD
    HIM ON THE MINISTERS ABD BILL AND NOW ITS THE THIRD TERM

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  2. That’s my hero lawyer Sangwa , i’m ready to assist the effort with a donation of $10,000 from here in diaspora.

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  3. This Sangwa keeps giving Under 5s false hopes that they can get it on a silver platter. Just focus on igniting your dwindling hopes otherwise mukalila owe.

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  4. Wasted sp.erm….he will lose again.Concourt already ruled on this term issue. He deserves very punitive costs kikiki

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  5. HOPE IS STILL THERE LETS BE POSITIVE ABOUT THIS… THE TWO LAWYERS ARE TRYING TO SAVE OUR COUNTRY
    SO WHY SHOULD THEY GIVE UP

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  6. Awe ba Lusaka times maybe bufi he can’t do that as if he is mad. Three petitions within a month. Twice on the same case. And when twice the case has gone through his friends. He will be abusing the court. Awe chachilamo.

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  7. No requirement to enter a law classroom to understand that ECL was elected to finish SATA term. You will not manage to drag Zambians into third term mud because they do acknowledge that it was SATA term and in any case we needed someone to take care. We rejected Chiluba third term because we had no doubt it was a third term. Again, you need not to be a lawyer to understand that with a running mate currently in place the concerns have been addressed in that there are no longer by elections for the president. Put your knowledge to good use and not to promote hate. Food for thought Chiluba gave Zambians houses but the same people boldly rejected the third term. However, they did not stand with Mwanawasa, NGOs, Academician when they took Chiluba to court. To day, Zambians do not see it as…

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  8. Is it really worth it? Can the courts rule in his
    Favour?I don’t think our system can rule
    Against the ruling system.In that case it’s a
    Waste of time and money.

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  9. i can not believe sangwa can sink to this level and still hold himself as a constitutional lawyer.
    Lawyers are called leaned councils and when you are taking oath during admission to the Bar lawyers, are advised to be courteous to fellow lawyers and judges.
    i remember at one function our former chief justice Mr eanest sakala when new lawyers where being sworn in he, councilled the lawyers, and he said ,when you loose a case in court , dont take it as if it is yours.
    Now sangwa has been dressing down constitutional judges one by one and repeating same arguments over and over, is this how lawyers are trained? egoism is at place here not law

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  10. The Constitutional Court has now been furnished with proper arguments as to why the candidate Dr Edgar Chagwa Lungu does not qualify to stand in this election. The constitutional court NEVER mentioned Edgar Chagwa Lungu by name. This time the court MUST declare him qualified to stand. This is good for the advancement of our laws. What the court decides will go down in history as precedence and many years from now in nations yet unknown and accents different from our own, the courts will quote our great Con Court and allow or disqualify a candidate in similar circumstances. The Zambian Constitutional court has an opportunity to write law.

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  11. YAWWWWN. This is boring. Just tell that f00Iish boy hh that he is wasting his time and money fighting ECL using flawed arguments that have been settled by the highest courts of the land. The only way to win an election in a democratic dispensation is to go to the polls and convince the people that you are the person they need. Not backdoor methods of desperation. When this fails he will be running to courts to petition. Anyway lawyers like sangwa don’t care because they are getting paid

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  12. That’s very clever of Sangwa SC. In this Petition he is no longer saying ECL held Office twice but he is simply saying ECL was sworn in twice and cannot be sworn in for the Third Time. Concourt has to choose between staying Loyal to ECL or upholding the Republican Constitution. There is no way ECL can deny he was sworn in twice. The Danny Pule Case dealt with term limits and not Eligibility. How does ECL deny that he was sworn in twice in 2015 and 2016? If Concourt play games trying to protect ECL they will commit Pajugery. If ECL loses this 2021 Election then Concourt will be sent “ku wire” too. Concourt is between a Rock and a Hard Place. We shall see what shenanigans Zambia Concourt will play this time around.

  13. I have read the constitution and it is very bad when it comes to some clauses. This is the symptom of trying to change constitutions to suit one’s eligibility. The current constitution provides for a president who serves less than 2 years as president to complete a term left by the elected president under 2 years to stand 2x but the challenge is that this constitution was not active in 2015, hence the confusion. Let’s hear the verdict so that campaigns can proceed. The race is between ECL and HH, that is clear and let the people decide.

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  14. Wake Up Zambians Wake Up .Let’s all rally behind John Sangwa & Stop this Unconstitutional Third Term Presidency.
    Respect The Constitution ,Say No to a Lungu Third Term.
    The Country has been Bankrupted by Lungu & PF ,how can any Citizen in a right frame of mind want to Reward Failure with a third term .
    PF = Corruption & Bankruptcy
    The time has come to rid our Beloved Zambia of this Criminal Enterprise of a Government.

    Wake Up Zambians Wake up

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  15. This is the 4th petition Dr. Sangwa is in. The devil knows what this lawyer’s up to. The other day he fooled us with running mates and yet he had this card under his sleeves. Try your luck. Remember to pay legal costs on the already thrown out cases. Best wishes Doctor.

  16. Wow best news today. Go sangwa go. Am ready to contribute money on this wonderful cause of taking Zambia back to sanity.

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  17. @KZ isn’t HH still in a coma and on life support. I didn’t see your update. I must have missed the memo.

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  18. Elections are never won in court, they are won at ballots. This desperation proves upnd know they are getting wired on 12th August. Very sad for our democracy. Mwelesa napapata nchinjeni opposition….

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  19. As usual people against Sangwa not putting up any proper argument just name calling …they do not understand why Sangwa waited for Lazy Lungu to file his papers first.
    Sangwa is a man of his word…we need more men in Zambia like him!!

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  20. Zambian Citizen – No one is above the constitution let the courts decide if he qualifies let history look back and say that the courts qualified Lungu..he went on to win the election free and fair.

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  21. Lusaka Times still has not banned this annoying troll ichi Kaizar Zulu? .I’ll get lawyer Sangwa to make sure LT adheres/enforces to its own rules.

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  22. Edgar is eligible because he has lived under two constitutions with different mandates. So which constitution will be followed to find out whether Edgar qualifies or not. This situation has caused a Lacuna hence Edgar 100% qualifies.

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  23. I am willing to donate £2,000, can some one advise how money can be donated to the worthy cause?

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  24. Zambia Concourt is on Trial becoz it has to choose whether or not to endorse ECL’s Third Term or uphold the Constitution. Concourt has to prove to the Nation and the International Community that ECL was not sworn in twice in 2015 and 2016. The two Swearing in Ceremonies were televised so how does Concourt Rule that although ECL was sworn in 2015 that was not Lungu’s first Term? Concourt is between a Hard Rock and a Hard Place. We anxiously wait to see how Concourt plays its Cards since there are now Three Petitions against ECL’s Eligibility. Time will tell.

  25. I hv asked lawyers wht’s different this time. Their answer is that this time Edgar Lungu has been sued as PF candidate for president in the August election. As a result Edgar Lungu has to file an affidavit in response to Legal Resources Foundation and Dr Sishuwa Sishuwa. This means he has to disprove wht the petitioners are saying by providing evidence to the contrary. I hope the court will be brave enough to allow for cross-examination of witnesses where facts are disputed.

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  26. John Sangwa just give us the account number we begin to deposit money to help you on this one, especially those of us that know that he’s ineligible

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  27. This is the 4th petition Dr. Sangwa is in. The de.vil knows what this lawyer’s up to. The other day he tricked us on running mates ineligibility and yet he had this card under his sleeves. Try your luck. Remember to pay legal costs on the already thrown out cases before you get cited for contempt. Best wishes Doctor

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  28. @31 Nemwine
    Nothing has changed. Edgar Lungu has always been petitioned as both republican and Patriotic Party president. The president still enjoys the same privileges as before. Parliament was dissolved but not government. Thus the same GRZ lawyers (Kalaluka Likando, et al) who represented him can pick it up. Nothing private. He is still president until he either hands the instrument of power to Hakainde Hichilema or to himself.

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  29. Machayi @34, wht does a fair-minded court do where facts are disputed even in a civil matter? Witnesses are called for cross-examination to help the court do its job.

  30. IMPLICATIONS OF THE PETITION
    1. All adverts done in the name of Lungu must be withdraw till case is disposed off.
    2. PF has no presidential candidate currently.
    3. By Petition of Lungu even Luo has been Petitioned.
    4. PF campaigns should end at Parliamentary level.
    5. Any airing of Lungu’s adverts in any media will attract a contempt of Court.

    (Source: Proud Aushi Musamba Mumba)

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  31. Don’t over-stretch things. PF definitely hv a presidential candidate. It’s just that his eligibility is being challenged. Leave at that and wait for due process to take its course.

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  32. @Nemwine 34.

    YOU WERE TELLING US WHAT HAS CHANGED BETWEEN NOW AND THEN, INSINUATING THAT THE PRESIDENT’S STATUS HAS CHANGED.
    MY RESPONSE WAS THAT ALL ELSE IS AS IT WAS. THE AG WILL STILL REPLY IN HIS OWN WAY TO MR. SANGWA. THE PRESIDENT HAS THE SAME GRZ LAWYER AND GOVERNMENT FACILITIES AND CAN’T BE SUED AS AN INDIVIDUAL BUT AS GRZ PRESIDENT.
    LET’S BE PRAGMATIC AND FACTUAL

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  33. @36 Tarino

    I think Musamba Mumba’s suggestion is biased, flawed and misrepresented.

    1. All running mates (RM) were petitioned by Mr Sangwa for flouting the law. Are thes not contemptuous?
    2. This is not the first and only petition. There are others coming to alternately disqualify and requalify ECL. All in circles. How many petitions will we have on same the eligibility?
    3. If you don’t have a RM you are all disqualified. No presidential candudates. Who qualifies?
    4. HH breached the Covid19 regulation but was not disqualified. Must he be disqualified?
    5. Any citizen can right away petition HH’s candidature to prevent him from campaigning too. Should this be done?
    6. ZP and the judiciary can also open all cases they have had on HH to prosecute him and deprive him of the…

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  34. 6. ZP and the judiciary can also open all cases they have had on HH to prosecute him and deprive him of the presidency. Must this be pursued?

    PF is not as malicious as UPND. Let the Concourt decision reign supreme.

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  35. He has not sought nomination for president of Zambia in the August election in his capacity as president of the Republic of Zambia. He has sought to run as president in his capacity as a member of the PF and has been sued as such. This is a landmark case in every way. The Constitutional Court’s own standing is also on trial this time.

  36. @ Mulongoti Machayi ,
    Sangwa`s alleged petition was known upfront, its NOT something that should be a surprise to anyone. And there is nothing there that iis constitutional and related to Presidential candidacy that is worth raising to petition HH. Its demagoguery of you to suggest that HH can be disqualified because of Covid19 regulation, the same way to disqualify him on so-called “open all cases”
    If there is NO presidential candudates due to RM petition, that is NOT Sangwa1s issue, then you have to blame the candidates themselves for NOT adhering to the constitution. The petitions are coming up now as it’s the right time as allowed by the constitution and relevant electoral laws.

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  37. @Nemwine 41

    He is seeking to be president after elections. He is still president before elections.
    In whichever way you look at it he currently as republican president must let the office in good government do their job. He can only hire a personal lawyer if and when he leaves presidency.

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  38. @General Kanene 42.

    Whether surprise. tricky, forewarned or novel, it is still a lawsuit or a petition. It actually does not matter who sues HH or for what case. My point is, that anyone can maliciously, grudgingly, petition any presidential candidate for whatever charge and still blame any aspirant if disqualified.

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  39. Edgar Lungu is not former president. He is not past president. He enjoys all the benefits of a head of government. There is no leadership vacuum in Zambia.
    It is laughable when we hear some people championing falsehood just because they are trigger happy that one candidate is disqualified to give easy passage to their preferred candidate. Let the elections prove that UPND was not spoon fed, but fought their way past their opponents.

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  40. Mulongoti Machayi @ 43, candidates for election to the office of president apply to stand in their private capacity and not in their capacity as sitting president. Are u then saying that a sitting president has no private affairs? He certainly does and this is one of them. The PF as a party would be at liberty to hire lawyers to handle the matter for their candidate. He’s not a government candidate for president.

  41. @Nemwine 45
    Let’s wait and see. Thanks for your valuable contributions. We learn from each other. Keep as posted about his personal attorneys. Many thanks comrade.

  42. Let us both accept that a sitting president of Zambia has private interests also and these hv nothing to do with being president. For example, if a sitting president wants to register an interest in a piece of land, he would not do it through the attorney general or solicitor general. That’s the way it’s supposed to work.

  43. This tendency by a lot of Zambians to simply disregard the law depending on where their bread is buttered is really retrogressive. There is also tremendous laziness in reading and analysing issues. It’s all about who can shout the loudest – you dismiss a lawyer without even assessing the arguments clearly, based on your blind allegiances. Shameful. You are the characters that prop dictators and facilitate lawlessness, and then you gnash you teeth and weep when it comes. Sangwa has carried the fight for due process on his shoulders while civil society, purchased institutions and individuals watch in cowardice on the sidelines. I have sent some encouragement and suggestions to Sangwa (I hope he has considered them) and regardless of the result, at least someone has stood up to the evil…

  44. This time around ECL has been Petitioned in his Personal Capacity so in his Answering Affidavit he must deny that he was elected and sworn in twice. He must argue that in January 2015 he wasn’t elected and sworn in for his first Term in Office. We shall see if the State Captured Concourt will declare Lungu qualified to contest the 2021 Elections for the Third Time.

  45. @Mulongoti Machayi, @Nemwine ,
    That is the civilized debate that should be happening, unfortunately such a very few here. Was following.

  46. I can’t wait to read Lungu’s Answering Affidavit. Will he deny that he was elected and sworn in in January 2015 and that his first term ended in September 2016? RB served under the 1996 Amended Constitution in 2008 so did ECL in 2015. RB held Office for 34 months while ECL held Office for 18 months. So why is RB recognised as the Fourth Republican President when he served for less than 3 years? ECL served 18 months which is a full Term under the 1996 Amended Constitution. So ECL has been sworn in twice and cannot be sworn in for the Third Time. Period.

  47. Iam wondering why President Edgar Lungu always go through challenges 2015, 2016 and now 2021 i think the de.vil knows he has lost the battle..Viva Pf Viva LunguNaLuo

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  48. Sangwa, how many petitions have you pushed through over the same issue?? What is that definition of insanity again? : doing the same thing over and over again expecting different results.
    The bed spaces at chinama have been increased, toilets and showers renovated. You shall be well received sangwa.

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  49. Concourt on merit will find it difficult to declare ECL Eligible becoz he has been elected and sworn in twice in 2015 and 2016. Lungu’s first Term was under the Amended Constitution of 1996 and there is no 3 years exception under that Constitution. No wonder PF Cadres are preparing to intimidate the Concourt Judges and disrupt the Petition Hearings. They want Concourt to dismiss the Eligibility Petitions in the same way they illegally dismissed the 2016 Presidential Petition. Concourt is between a Rock and a Hard Place.

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