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Alba Iulia
Monday, August 2, 2021

Leading Constitutional Law Professors apply to join President Lungu’s eligibility case

Headlines Leading Constitutional Law Professors apply to join President Lungu’s eligibility case

Three internationally acclaimed Constitutional Lawyers apply to join the eligibility case against President Edgar Lungu

The Constitutional Lawyers have applied to join the eligibility case challenging the eligibility of President Lungu to contest the August 12 elections.

The three are Constitutional Law Professor Chaloka Beyani, Professor Melvin Mbao, and Professor Cephas Lumina.

Chaloka Beyani is Senior Lecturer in International Law at the London School of Economics and Political Science.

He is also the UN Special Rapporteur on the Human Rights of Internally Displaced Persons and has taught law previously at the Universities of Oxford and Zambia.

Professor Beyani is among the few Africans that helped in drafting the Constitution of Kenya. He has drafted many other constitutions across the globe.

Professor Cephas Lumina has close to 30 years’ legal practice, research and university lecturing experience in several countries.

From March 2008 to May 2014, he served as the United Nations Independent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights – one of the “special procedures” of the Human Rights Council.

Professor Mbao currently works at the Public Law and Legal Philosophy, North West University South Africa.

42 COMMENTS

  1. Let’s see what the conclusion to the matter will be. This needs to be settled once for all for ever.

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  2. I hv received information that the Constitutional Court has thrown out the application to join by the three legal scholars. I find this hard to believe. A court is expected to study any petition properly served on it and only render its decision after a meticulous study of the pleadings and even adjourn in order to properly peruse the authorities cited in support. So whn did the Court do that because the application was served today?

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  3. Let these three professors educate and teach these incompetent concourt judges.

    As usual that monkey -KZ will be squeaking about these professors being linked to UNDP.

    it will be a travesty should concourt rule in the thief’s favour. The convict won’t know what hit him.

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  4. Al these legal brians want to debate the current legal impasse and come up with a solution for the future generations. I hope they will not lebelled as being pro PF or UPND but just trying to balance the act.

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  5. I could not believe it the entire Copperbelt fleet of good vehicles being to deployed to escort HH all the way from Chingola to Lusaka. There is something wrong looking at the cost to the treasury, man power misplacement. This now makes HH feel he is really getting into State House. The police Command better use other appropriate measures, this thing of disadvantaging HH if not handled properly will cause problems because his popularity is increasing by each day that passes.

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  6. These International Constitutional Lawyers should be enjoined to the Petitions and add value. They will interpret the Zambian Constitution relating to Lungu’s Eligibility Petitions with expertise. If Concourt refuses to enjoin them then u know Concourt Judges are not impartial but controlled by State House. Concourt agreed to enjoin the AG’s Office. So why not enjoin these eminent Constitutional Lawyers? Does Zambia Concourt have something to hide? We shall see!

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  7. Come one come ALL…… Come in Dozens come in Hundreds….. Professors and Doctors of Philosophy… you can crowd the court . The fact is Lungu ALEBWELELAPO!!

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  8. HAVE ASPPLIED ????????
    RUBBISH THEY HAVE BEEN INVITED BY PF
    THERE IS BIG MONEY AT STAKE HERE,
    ANYWAY LET THEM WASTE MILLIONS OF $$$$
    ITS US THE PEOPLE WHO WILL DECIDE THE OUTCOME

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  9. Lungu is like Donald Trump………..

    Very corrupt and does not care about rule of law or any constitution………

    Forget about that concert thing……

    Even the elections , this is what will happen when it becomes clear to lungu that rigging will not work……

    Lungu will cook up some emergency or use covid to declear a state of emergency and cancell elections…….

    he knew what he was doing when he militarised the police with military fighting machinery.

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  10. These 3 Eminent International Constitutional Lawyers are joining the Petitions as friends of the Court. Lets hope Zambia Concourt will take advantage to enjoin them to the Petitions. Once enjoined these Eminent Lawyers will offer valuable legal advice to Zambia Concourt. It will be in the interest of Zambia to have this Eligibility issue settled Once and for all.

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  11. @Nemwine.It wouldn’t surprise anybody if this Lungu controlled Concourt rejects advice from these 3 International Eminent Lawyers. The Good thing is that should Zambia Concourt grant ECL an illegal and unconstitutional Third Term Zambians have a golden opportunity to pass a Public Verdict thru the Ballot Box. By now it must be clear to all Right thinking Zambians that Violent, Corrupt, incompetent and Visionless PF Regime Lungu must be voted out on August 12. Giving ECL another 5 years is as Good as committing suicide for Zambians. The writing is on the wall.

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  12. Hahahahahahaha desperation of the highest order. You can bring your whlte masters here to fight your cases but the f.a.ct remains that only the zambian people choose who rules them. Not a court and not a single lawyer no matter how many millions you pay. Continue wasting time in courts while we take our message to every corner of country. At this rate it will be ECL 98 percent vs HH 1 percent . Uluse.

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  13. Meanwhile Brian sampa has been fired just as I recommended. When I said he acted f00Iishly upnd cadres were up in arms. You cannot disrespect the civil service oath you take to protect the nation, especially when it comes to people’s lives. Let hh who paid him, employ him..bye bye go well

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  14. Hahahahahahaha desperation of the highest order BY LUNGU
    THESE LAWYERS DIDNT DECIDE TO COME ON THEIR OWN ……. ALL DOCUMENTS WERE SERVED BEFORE HAND, IT CAN BE ASSUMED
    THEN CAME THE INVITATIONS AND ALL EXPENSES PAID +++++++++++
    ANYWAY THEY ARE WELCOME
    WE WILL DECIDE HIS OUTCOME IN AUGUST
    ANOTHER UNIP SENARIO HERE WE COME

  15. KZ is relying on the ECL controlled Concourt to be granted an illegal and unconstitutional Third Term. On August 12 the Real Concourt of Public Opinion will finish ECL off thru the Ballot Box. On August 12 Zambians must go vote as if their lives depends on the vote. ECL has done a lot of damage to Zambia and on August 12 he must be retired from Politics. To restore normalcy in Zambia we need to vote 4 Sober and Principled HH and UPND Alliance. This Team will turnaround this Economy and our lives. Giving another 5 years to thuggish, incompetent and Visionless PF Regime will be suicidal for Zambians.

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  16. Meanwhile our Professors at UNZA are watching from under the desks fearing their careers at the institution …Sata was right when he said the worst cowards in Zambia are the educated…simply look at how the Economists are quiet about that fat boy’s overstaying as President of EAZ.

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  17. 5# tikki
    6# akapS

    Kikikiki – Keep on dreaming and wishing. The end will be very painful. Have you noted that all UPND Intelligent bloggers who were here almost every day Lusaka times around this time near elections have disappeared? It’s because they know it’s a waste of time defending your Messiah HH. Oh’ Dear me !! …. A lot of people will be admitted to hospitals after August 2021. Are you the leftovers of the last kicking legs of a dying horse? Zambia is tired of HH and his excuses. He fails to explain his vision and agenda but always crying like a baby and looking for sympathy. He claims to be popular but always looking to form Alliances from briefcase political parties, hoping to garner votes.

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  18. The person who quarreled with Edgar Lungu when they wanted to give power to Guy Scott has resurfaced to get a shot at it.
    The petitioners with high powered professors have a lot of money such that they won’t fail to immediately pay costs when case would be dismissed. Best wishes on Friday 11th. By Monday, we’ll start ballot printing.

  19. Mbao,Lumina, and Beyani are academic lawyers. Who probably could not stand the heat in the (the courtroom) kitchen and opted for the lecture room. In their niche,they should be pushing for law reform for the future rather than following the Trumpian path. They know the ConCourt is not going to it’s earlier opinion.

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  20. These eminent legal scholars will definitely find a way to throw out Lungu’s illegal 3rd term.We wish them constitutional success.

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  21. Sad but true, all these three eminent lawyers are hardcore UPND supporters. I know them personally. In fact, one of them, Chaloka Beyani, is the younger brother of Choolwe Beyani who is a member of the UPND’s Executive Management Committee. So what impartiality and objectivity do they bring to this case?

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  22. Mulongoti Machayi – Don’t follow your crooked shameless Attorney General who uses bogus inflated costs to scare off petitioners as if Lungu is his personal client…anyone can petition and those costs can also be challenged. Know your rights

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  23. The 3 Eminent Lawyers are trying to Zambia Concourt some useful legal advice. Its doubtful that ECL and the AG would agree to the 3 Lawyers being admitted to the Petition as friends of Zambia Concourt. Its likely Zambia Concourt will not agree to the 3 lawyers being admitted as Friends of the Court. The AG on instructions from ECL have already schemed how Zambia Concourt will dismiss the Petitions and allow Lungu to contest the 2021 Elections. ECL, AG and ECL have already agreed to dismiss the Petitions and allow ECL to go for his illegal and unconstitutional Third Term. The writing is on the wall.

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  24. Fact is Edgar Lungu is ineligible for 3rd term just like KZ has long been ineligible to comment here.These legal experts will rule the two embwas have flouted the rules.

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  25. The violent, Corrupt, incompetent and Visionless ECL will not allow Zambia Concourt admit the 3 Eminent Lawyers as friends of the Court. ECL ,AG and Concourt Judges have already figured out how the Petition will be dismissed. ECL doesn’t want the 3 Eminent Lawyers to complicate the Petition dismissal. ECL is righting 4 survival and whether the Elections are free,fair and credible is no longer of his concern. What matters most to ECL is to retain Power at all costs.The writing is on the wall.

  26. @Facts
    These three academicians are getting impetus from Musa Mwenye who in November 2014 had a political fall out with Edgar Lungu
    You would wonder also, why did UPND fail to write a meaningful manifesto with these 3 musketeers?
    Besides, UPND don’t seem to be organised. No wonder they lost the last presidential election petition owing to going in circles hence casting dark shadows on their assumed faculty of progressive thinking.

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  27. @Tarino Orange

    November 13, 2020:
    Do you remember that Hakainde Hichilema sued Nawakwi for $3m for defamation?

    November 19, 2020:
    Have you also recalled HH later claiming in court from Chilufya Tayali a paltry sum of K100m for the same offence of libel?

    How does the same offence of character assassination carry a lesser reward than the first one after only six days? Both claims are unrealistic, bogus and retrogressive.
    Thanks to you comrade.

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  28. flag Corruption scandals: 48 Houses Social Security Cash Luxury Presidential Jet Ambulances Fire Trucks Mukula Trees Ndola-Lusaka Rd Malawi Maizegate Fuelgate Swaziland landgate Zesco Loans

    Why isn’t LAZ joining this petition? Gone are the days when civil society was the voice of the voiceless. Lungu has silenced them all.
    And why does the Attorney General behave like he’s Lungu’s personal lawyer? Lungu is being sued in his personal capacity as a presidential candidate and this AG is defending him using taxpayers money… if we have a proper ConCourt that would have been the 1st thing they would rule on… get rid of the AG from the case because he is abusing his power.

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  29. John Sangwa lost the case to compel ECZ change the wording of affidavit. He was charged K5m
    Makebi Zulu and Lewis Nathan were both claiming K3m from their client Sangwa on the same ECZ presidential affidavit suit. If these charges are that high, then those of HH (USD3m and K100m) can’t inspire anyone or anything.
    Ghander and Goose story is all about fairness in actions.

  30. @Mlevi Kachasu

    Thanks for noticing my lies.
    But you do well to counter with the truth that you have. Other wise my lies will remain the only truth there is. In fact my truth is on facts as outlined for you to see.

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  31. Zambia Concourt is controlled by ECL and his PF thugs. For that reason ECL will direct Concourt not to admit these Eminent Lawyers as friends of the Court. The advice from the 3 Lawyers will confuse Lungu’s strategy to being declared eligible to stand for 2021 Elections. Compromised Concourt will act on Lungu’s instructions to dismiss the Petitions and declare him for a Third Term. The decision by Concourt on the 3 Eminent Lawyers will confirm what we have been saying all along that Zambia Concourt is State Captured. The writing is on the wall.

  32. IS IT ETHICAL FOR LUNGU TO WELCOME THEM AT STATE HOUSE PRESUMABLY
    ISNT HE THE ONE THIS CASE IS ABOUT ???

  33. The moment Zambians will start speaking in truth and honesty with one another, there will be less tension during elections. If these 3 men are really who they have been called, where were they when ECL was signing the current constitution. Please stop misusing words to describe people who have no interest in the country except to remove the ruling party of the day. If these three were as learned as described we wouldn’t have been in this problem with the constitution. Critical thinking would have made one of the so called legal minds do a what if analysis about ECL and they would have pushed to include that if you were elected under the o;d constitution your term is recognised as under the old constitution and you will serve your second term if elected. We wouldn’t have been arguing…

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  34. We wouldn’t have been arguing over what a term means or sworn in twice implies. UPND lawyers and supporters are standing on sworn in twice whilst PF and supporters are standing on less than 3 years does not constitute a term. To me I have said and again law is applied prospectively and I hope our so called legal brains will state this fact in sincerity. If they don’t and instead start just shouting third term then they are not legal minds they are just like us. Legal minds should be neutral. Infact genuine legal minds don’t need to join the case but discuss the constitution in public with all sincerity of heart and putting aside personal preferences. All these 3 lawyers are UPND members and for that there argument is already known as which direction they will take. Probably they should…

  35. Why any self-respecting court would equate holding office to term of office beats me. If a court does that, it has to explain in the judgement why it has done that. Where’s that explanation in the Pule case? A president begins to hold office the moment he’s sworn in as president and is able to exercise the power of that office. Since he didn’t serve a term of office, wht was he doing in that office? Didn’t he make decisions any president would hv made?

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