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Saturday, June 12, 2021

Court to deliver Judgment on President Lungu’s Eligibility on Friday

Headlines Court to deliver Judgment on President Lungu’s Eligibility on Friday

Zambia’s Constitutional Court has reserved the judgment on whether President Edgar Lungu’s Eligibility to Friday, 11th June, 2021.

Earlier, the Court dismissed an application by three foreign-based Zambian lawyers, Professor Chaloka Beyani, Melvin Mbao, and Cephas Lumina, who are, and wanted to be joined to the matter as friends of the court.

The foreign-based academicians who are known to have no known track record in arguing constitutional issues in Zambian courts were to be represented by former LAZ President Eddie Mwitwa.

In a less spirited argument, John Sangwa argued the matter on behalf on behalf of Legal Resources Foundation Limited, Sishuwa Sishuwa and Linda Kasonde’s Chapter One Foundation Limited.

No new arguments were brought by Sangwa except him giving a historical background of the Constitutional provision on two terms. He urged the Court not to follow the Dan Pule Case and the decision in Bampi Kapalasa and Joseph Busenga.

In reaction, four State Counsels comprising Attorney General Likando Kaluluka, former Deputy Chief Justice Bonaventure Mutale, Eric Silwamba and Sakwiba Sikota described the arguments by Sangwa as academic and lacking any basis as the Court has already pronounced itself on the matter in the famous Dan Pule case.

State Counsel Sakwiba Sikota, citing various authorities from the Supreme Court, asked the Court to have State Counsel Sangwa personally bear the costs of the case as he was also counsel seized with handling the Dan Pule case which was determined by the Court and settled the same issues being litigated in the petition.

The request unsettled State Counsel Sangwa who put up a general argument why the Court must never award costs in Constitutional issues.

Meanwhile, the Court also reserved the hearing of a matter in which Sishuwa Sishuwa committed contempt against the Court through his article published on Lusaka Times online media.

The concern against the contemptuous remarks by Dr. Sishuwa was brought to the attention of the Court by lawyers representing President Lungu and the State. Dr. Sishuwa Sishuwa survived an on-spot hearing as he was reportedly out of the country.

The hearing of the case yesterday attracted at least 25 lawyers from different law firms and was attended by various political and civil society leaders in a fully packed courtroom.

46 COMMENTS

  1. Too bad the 3 foreign based lawyers were dismissed just to water down the case against Lungu.These 3 guys have sharp legal minds to end Lungu’s illegal 3rd term.

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  2. Four state councels, what a deadly squared .sakwiba,eric silwamba,kalaluka and ba former deputy chief justice who also acted as chief justice in the absence of cj. Fili uko tuleya.

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  3. The fact remains he is not eligible to contest the elections.

    If they rule in favor of him which is likely because of obvious reasons, the matter shall be revisited in future to expose corrupt judges.

    We know that they have been bribed and Edgar Lungu is abusing our justice system ti clinge on power.

    These judges must learn from Mwanawasa’s administration where Matthew Ngulube a former Chief Justice was investigated for corruption.

    Its upto to them to be on side of the people or the tyranny regime lead by Edgar Lungu.

    PF must go!

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  4. We have lots of state counsels who love money more than Zambia. And we have some courts without guts. The Constitution was enshrined to prevent such situations, third term

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  5. The Zambia Concourt Judgment is predetermined. Concourt is controlled by ECL. The moment Concourt enjoined the AG’s Office to the Petitions we knew that the Pule and others vs AG arguments were coming. The State Captured Concourt will declare Lungu eligible to stand for 2021 Elections. However the Real Zambia Concourt will pass its Verdict on Lungu’s Third Term Eligibility on August 12 thru the Ballot Box. No matter what Lungu does Macmillan’s wind of Change is blowing across Zambia. On August 12 Zambians must send ECL “ku wire”. Another 5 years of ECL violent Rule will be suicidal for Zambians. The writing is on the wall.

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  6. It is becoming common for any lawyer based outside Zambia to think they are best or “acclaimed” than the local lawyers who spend time arguing court cases. Muntu has never won a single case but uses a name of foreign country to just get attention of us the ignorant Zambian public.

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  7. It is becoming common for any lawyer based outside Zambia to think they are best or “acclaimed” than the local lawyers who spend time arguing court cases. Muntu has never won a single case but uses a name of foreign country to just get attention of us the ignorant Zambian public

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  8. It is unconstitutional to broke Nostradamus from commenting on 2 Rounds law.
    I would use $ex rounds as examples to these laymen Zambian lawyers:
    – if Sakwiba finds undressed woman on Likando’s bed and finish her up, do you count as Sakwiba’s term? Or
    – do you only count when Sakwiba takes same lady to his bed?
    Ba Edgar finished up where Ba Sata started…

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  9. Yes the outcome is most likely to be in favour of someone but as some people have pointed out already above, time will catch up with some people including the judges presiding over the matter, no matter how long it takes. Remember former Chief Justice Matthew Ngulube?? Nipano tuli.

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  10. We already know the outcome. ECL did well in killing the independence of institutions. Judges are compromised without shame. Malawi & Kenya showed us how an independent judiciary works. Not in Zambia, justices have chosen to become cadres. Only we the people on 12th Aug will be the arbitrator to give the correct judgment. Only history will judge the dirty judiciary in Zambia.

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  11. To start with the threat of all costs puts the fear in anyone who dares to challenge the state, that in it self tells you a lot with what kind of people you are dealing with. After that its people will say Boma ni Boma when they should be saying the Law is the Law.

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  12. The need for equanimity and fairness led to emergence of courts therefore petitions devoid of reasonableness need not be entertained in courts. Advise to HH, be reasonable all the times. It looks like, you will face ECL come 12 August 2021. Your failure to show leadership regarding convid-19 has not earned you votes. Get it, you are a leader as such you are required to lead in the fight against the CONVID_19. Two months more to go, you still have a chance to give considerations to Convid-19.

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  13. Given Lubinda is salivating that he be now running mate to Nkandu Luo.
    This is bad for Ba Edgar… Fasting with $ex doesn’t work. Take
    Tuesday, Wednesday and Thursday no $ex for all PF, maybe your prayers will be answered on Friday.

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  14. Let this matter be put to rest so that we move on, however, whatever the outcome it’ll have a bearing on both ECL and ConCourt. A good or bad precedent will be set

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  15. Lungu was sworn into office in 2015 under the old constitution and was ushered into office through an election. He was not just handpicked to complete Sata’s tenure. If we can apply the guide lines of the old constitution too the new constitution then we mean that Guy Scot was supposed to take over when Sata died. If not so, then Lungu does not qualify to go for the third term. Under the old constitution, even if you rule for 10 months after taking over from the dead president was counted a term. And the new constitution paneled to address such weaknesses.

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  16. The Judgement is predictable. As long as ECL is in Power Zambians can forget about getting Justice from the Lungu controlled Concourt, ECZ and ZPS. Zambia Concourt Acts on instructions from State House. The only way to get Justice from these Institutions is to vote out Lungu on August 12. The only chance to remove ECL from Power is on August 12. Zambians must go vote as if their lives depends on the vote. Another 5 years of ECL violent Rule will be suicidal to Zambains. Our only hope is HH ,UPND Alliance and the Zambia we want. HH aka Bally will fix it.

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  17. For now we don’t have a situation where a president dies in office under the current constitution. Therefore, the eligibility debate is foolish one and a backward argument with a potential to paint the judicial system black because there is no practical situation under. Situation happened under the old constitution. Zambian judges and lawyers will have to prove there credibility on this one.

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  18. @Mr True. U are right Lungu’s First Term in Office should be based on the Amended 1996 Constitution. RB who held Office for 34 months was also guided by the same Constitution. Surely the RB 34 months and Lungu’s 18 months count as one Term. Its obvious Lungu held Office twice and was Elected and Sworn in twice. ECL doesn’t recognise the 18 months he served as President as a Term. The man is determined to be President of Zambia for life. Should Lungu get away with a Third Term he will probably become a One Party Dictator. On August 12 Zambians have one obligation to safeguard their Constitutional Democracy. They must vote out this violent, Corrupt, incompetent and clueless ECL. Another 5 years of ECL Dictatorship will be suicidal for Zambians. The writing is on the wall.

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  19. We all know what the outcome will be – with Lying Lungu having the judiciary in his pocket, they are not going to deny him a third term! Although everybody knows that a third term by its definition is non-constitutional!

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  20. An opposition that wants to win an election through the courts because the people have refused them. Kikikikiki

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  21. The best way a court can help a person to win his case is to prevent evidence and facts against him from entering the record. Courts are known to review their previous judgements under certain circumstances. Precedence is not sacrosanct. The supreme court in India did it. furthermore, the Pule case was not decided by the Con Court because in an unprecedented way, the court changed the question and refused to say whether Lungu was eligible or not, saying the matter was otiose. This petition is against a private citizen called Lungu and not against ECZ or GRZ. Why should the taxpayer pay for his defence using the AG’s chambers? EVERYTHING IS ODD about this CONstitution court. The people MUST RISE and defend their constitution. Bear in mind that it is our DUTY to defend the constitution by…

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  22. Claiming you are fighting for the constitution but you are out of the country? Uhm let me say both sides put up spirited arguments…john spent a lot of time on historical issues…I guess apart from a more tweaked accent he was an anticlimax…the quartet of state counsel argued well….but I was disappointed with their seemingly personal attacks on the person of John calling his arguments academic hot air which I think was a low blow….the three professors who sought to be heard? Well they should have focused on the application before the court…what they sought to do was to revisit the entire decisions of the concort ….it watered down what I felt their role was ie friend of the court….and not ‘critic of the court and their rulings’….we have also researched and it appears only…

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  23. The whole idea of this petition is to put the matter on record. The same ConCourt judges will have to account for their actions in future.
    The first judiciary official whom the late Levy Mwanawasa dealt with was Chief Justice Mathew Ngulube.
    The entire Chief Justice was found wanting for corrupt dealings with FTJ Chiluba.
    Nobody even the ConCourt judges is above the law.

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  24. KZ keep on burying your head in the sand like an Ostrich. The reality on the ground is that People are clamouring for a change of Govt. Macmillan’s wind of Change is blowing across Zambia. Even in PF strongholds and Rural Areas People are crying out for Change. The elephant in the room is to what extend the Elections will be rigged. Can the Opposition protect the Vote this time around. Lungu’s trump Card is rigging this Election at all costs. ECL will find it difficult if HH and UPND Alliance garner a landslide win. Time will tell.
    .

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  25. The best arguments were made by the three wise men but it is clear that the Con have already made up their minds about what to say, so they were not willing to be persuaded otherwise. They fraudulently joined the taxpaid AG to the case on the defendant side, while refusing to join the three wise men as ‘friends of the court.’ This is a travesty of justice. The downward trend has continued. Never before in the political history of Zambia have the institutions been so eroded that they pander to the selfish interests of only one man. Someone may say this is contempt of court, but if the wigs could not be persuaded by one of their own, how can they be affected by a layman?

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  26. @Martin. Well put!!! When people said Eddie Mwitwa was pro-UPND they were called all sorts of unpalatable names, but now the truth is coming out. These foreign based lawyers just wasted their time and money (or HH’s) whilst risking contracting Covid-19…Beyani will now have to quarantine for 10 days and pay £1750 when he returns. What a muppet!

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  27. The following statement from the fifth paragrapg baffles me “No new arguments were brought by Sangwa except him giving a historical background of the Constitutional provision on two terms. He urged the Court not to follow the Dan Pule Case and the decision in Bampi Kapalasa and Joseph Busenga”. So Mr. Sangwa wants the court to over rule it self in respect of the Dan Pule Case, but he does not offer any new evidence to assist the court?!

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  28. There will be blood-on-the-dance-floor…when I said MCS was Zed’s 9-11 you laughed! Thievery Corporation handed a country on a silver-platter…We’re on the Highway To Hell….but still, ask our beloved KK you doubters! Zedians can be horrendous…akutambeni, self-inflicted disaster?????

  29. Independent Chief Justice M Ngulube was an enemy of the CARTEL and in most cases ruled against them. They tried to strip him naked but they failed just like the commission of inquiry on corruption. The cartel are not interested in UPND taking over power, there interest is ultimate control of the state and it looks like HH is giving them a RIDE

  30. The fact is Lungu held Office twice,was elected and sworn in twice in 2015 and 2016 and is therefore ineligible to stand for the third time. Lungu’s Concourt will gift a Third Term but that is illegal and unconstitutional. Zambians need to liberate themselves from ECL Dictatorship. Lungu is using ZPS,ECZ and Concourt to oppress Zambians. Any new Govt after August 12 must reform these 3 institutions which have been Politicised (Lungulised). To do this Zambians should refuse to elect Lungu for the Third Time. We stopped Chiluba from his Third Term and now Lungu has imposed himself for a Third Term. Lets all reject him on August 12 without fail. Our best weapon against Lungu is our Vote.

  31. The fact is Lungu held Office twice,was elected and sworn in twice in 2015 and 2016 and is therefore ineligible to stand for the third time. Lungu’s Concourt will gift a Third Term but that is illegal and unconstitutional. Zambians need to liberate themselves from ECL Dictatorship. Lungu is using ZPS,ECZ and Concourt to oppress Zambians. Any new Govt after August 12 must reform these 3 institutions which have been Politicised (Lungulised). To do this Zambians should refuse to elect Lungu for the Third Time. We stopped Chiluba from his Third Term and now Lungu has imposed himself for a Third Term. Lets all reject him on August 12 without fail. Our best weapon against Lungu is our Vote.

  32. A court has no business refusing to hear a petition properly and legally-filed into court as the three legal scholars did. What message is the Constitutional Court sending? Where does the court expect the three to take their issue for interpretation? The court has refused to perform the function it was set up for and it owes the petitioners an explanation.

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  33. If at all the Concourt Judges were not playing ball with Lazy Lungu even one he will come out and start spitting threats but he is quiet that means all is ok.

  34. The last time I checked presidential candidates were not selected by the courts but by the ballot box. So it is naivety to put so much premium on the courts to help perpetual losers have a ray of light to state house

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  35. Article 106 (3): “A person who has twice held office as President is not eligible for election as President,” states the 2016 amendment to the 1996 Constitution. There is perhaps no disputing the fact that President Lungu has “twice held office as President.” Apparently, Clauses 4, 5 and 6 of this Article would apply only if a vacancy had occurred while President Edgar C. Lungu was President, and they would have applied to whoever would be elected to serve as Republican President after him. And, unfortunately, the provisions of Articles 34, 35, 36, 37, and 38 of the 1996 Constitution may not save Dr. Lungu from his current predicament. Whatever effort the patriotic Front apparently tried to apply in passing the 2016 amendment to the 1996 Constitution to make him eligible to contest the…

  36. 2021 presidential election seems to have failed. If the Court renders a decision against him, PF leaders will do well to find an alternative candidate and advise the party’s cadres and operatives to peacefully move on without him and save us from unwarranted turmoil.

  37. In 1991 it was evident that there was a wind of change when MMD stood against UNIP. iT was the same again when Sata won against MMD. The wind of change is something that you can not doubt because its evident. There is no wind of change and people do not cheat yourselves. The feelings of a certain group of people does not represent a wind of change. Lets wake up and face reality.

  38. He who pays the piper call the tune. Lungu paid the concourt pipers,and unsurprisingly, the pipers have just sung that he qualifies to stand for the third term. What a shameful thing for those judges to do Lungu’ s bidding.

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