Monday, April 15, 2024

Dismiss Petition against Running Mate for Incompetence – AG

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Attorney General Likando Kalaluka has asked the Constitutional Court to dismiss the petition against Presidential Running for being incompetent.

In a notice of motion to raise preliminary issues filed in the Court on Thursday, the Attorney General asked the Court to inquire whether or not the petition should be dismissed for being incompetent on the basis that running mates are not amenable to Article 52 of Zambia.

Mr Kalaluka said the presidential running mates are not mentioned anywhere in Article 52.

“The running mate is not a candidate as per definition of the term candidate under Article 266 of the Constitution of Zambia,” said State Counsel Kalaluka.

He further argues that the running mates are not required to be voted for independently but relies on the Presidential Candidate as per provisions of Article 110(3) of the Constitution.

In this matter, Sishuwa Sishuwa and Alfreda Chileshe Kanda petitioned the Constitutional Court to nullify the nomination of Professor Nkandu Luo, Mutale Nalumango and 6 Others for not having met the conditions required by the Constitution and the Electoral Process Act for filing of valid nomination.

According to Article 52(6) of the Constitution, whenever a candidate is disqualified by the Court for not having met the requirements for nominations as a candidate, the Electoral Commission of Zambia is mandatorily required to cancel the nominations, call for fresh nominations by eligible candidates and the Election is then held within 30 days from the date of fresh nominations.

9 COMMENTS

  1. This AG must be asked to present himself before court in his own personal capacity as a lawyer for a candidate. The optics don’t look that great to be providing legal services to an electoral candidate who happens to be in the office of President.

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  2. The Role of the AG needs to be redefined. Kalaluka is acting like a Personal Lawyer to ECL. Kalaluka is a Civil Servant but behaving like a PF Cadre and Personal Lawyer to ECL. We are tired of Kalaluka interfering with bilateral litigations. Why does Concourt always enjoin Kalaluka in Cases to divert attention and bring confusion? Kalaluka is always bringing Preliminaries even where he is not directly Petitioned. It’s always Danny Pule this and that. The Petitioners have sued ECL in his individual Capacity as a Presidential Candidate so how does the AG come in? Why doesn’t Kalaluka just join ECL Legal Team? Kalaluka is aiding and abating the abrogation of our Republican Constitution. This Man is doing a disservice to Nation and doesn’t stand for Justice. Kalaluka must be stopped.

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  3. On this I agree with Likando Kalaluka. The running mate shares everything with the candidate so there’s no need to file separate details apart from personal particulars

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  4. Running mates are an example of a CADDIE, person who carries a player’s bag and clubs and giving that player, advice and moral assistance. Guy Scott is the guy who best knows how to define a vice president whose tenure can’t be ‘cut short’ by the president.
    Are you catching dry fish from the river?

  5. Where two Citizens are disputing and the matter is brought b4 a Court why should the State thru the AG enjoin the Case? The AG is an Adviser to GRZ and not to ECL as an Individual. Kalaluka is abusing his position as AG to fight ECL’s Personal wars. Kalaluka is using Taxpayer’s Money in defeating the course of Justice. We want to hear the Merits of these Petitions. ECL is b4 Concourt in person and should defend himself. The AG has no business in defending ECL in his Personal Capacity. Let ECL thru his Legal Team tell the Nation why he believes he hasn’t held Office twice,hasn’t been elected and sworn in twice in 2015 and 2016. It’s ECL in the Dock and not Kalaluka or Danny Pule. Kalaluka is taking Zambians for fools. We want this ECL Eligibility issue adjudicate by Concourt…

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