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Alba Iulia
Tuesday, July 13, 2021

Constitutional Court Declares Patriotic Front Presidential Candidate Edgar Lungu Eligible for August 12 polls

Headlines Constitutional Court Declares Patriotic Front Presidential Candidate Edgar Lungu Eligible for...

The Constitutional Court has declared that President Edgar Lungu is eligible to contest the August 12 General Elections.

One of judges, however, has held a different view from the rest.

Delivering the abridged majority judgment, judge Anne Sitali declared that President Lungu was entitled to contest the elections as he has not twice held office.

She said Article 106 does not bar President Lungu from participating in the election this year.

“The first respondent’s nomination is valid and he is entitled to stand for election on August 12, 2021.

The petitions have no merit and each party to bear own costs,” Judge Sitali said.

However, one of the Constitutional Court judges, Professor Margaret Munalula, indicated that she had a dissenting judgment which she will deliver on June 30.

Legal Resources Foundation (LRF), Chapter One Foundation and University of Zambia (UNZA) researcher and lecturer Dr Sishuwa Sishuwa, through their lawyers John Sangwa and Linda Kasonde, argued that President Lungu already held office as President twice and that he was therefore, not eligible to stand in the forthcoming elections.

President Lungu was represented by Bonaventure Mutale, Eric Silwamba, Joseph Jalasi, Sakwiba Sikota and Lubinda Linyama while Attorney General Likando Kalaluka appeared for the State.

The ConCourt judgment brings to a close a constitutional matter that prohibits a person who has twice held office to contest a third time and possibly hold office a third time.

President Lungu first held office in 2015 when he was elected to finish Michael Sata’s term and was then declared winner of the 2016 presidential election that was challenged by Hakainde Hichilema.

83 COMMENTS

  1. “Delivering the abridged majority judgment, judge Anne Sitali declared that President Lungu was entitled to contest the elections as he has not twice held office.” Why do they always give an abridged judgment, lawyers kindly tell us.

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  2. All stakeholders must after the elections sit together and point out contentious clauses for for repeal of refining, for now it’s ECL VS HH AND PF VS UPNDA. on your marks get set Go !!!!!!!!!!

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  3. Forget about petitions after elections. You have to win outright and not to think about election irregularities and going to court. There are no courts in Zambia. This is final. Go out and win and win big numbers and not rely of the justice system.

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  4. I prefer this outcome by Concourt so that when a new government is formed in August, all these people will be put to shame and should be retired in national interest. Bayasana ba PF. Zambia is not for ECL alone. It’s for all Zambians. Concourt is corrupt to the core.

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  5. Kadansa and his cronies have once again danced peletiti we long said this was a dead issue… now wait for the ballot once again you will be sent ku wire..engage kadansa so that the court makes short work of his petition backed more by an accent and trying to re-open decided and settled matters..lets go mu field…

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  6. Game on! Let’s now proceed and campaign in peace bane. I can’t wait to see the June 30 dissenting judgement. It is better to get the full picture. But the bark must stop now. Let’s go in the spirit of one Zambia One nation One people!! With God all things are possible!

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  7. How can u be president and not hold office? It’s not a question they want to answer. Zambia is the only country where u can be president and not hold office.

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  8. It’s a triumph for the narrow agenda and a loss for posterity. Daniel Pule the initial petition runs an illegal Party. Isn’t it the same Constitution that says something about that no political shall be founded based on religious beliefs? Zambia is full of illegalities. “Let’s just continue to drink because we’ve failed to rule ourselves” , said Ntondo Chindoloma MHSRIEP

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  9. He is simply the Chosen One…A thousand may fall at your side, ten thousand at your right hand, but it will not come near you. You will only observe with your eyes and see the punishment of the wicked; then no harm will befall you, no disaster will come near your tent. Come quickly August 12!!

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  10. Congratulation PF administration.

    Taxation without representation.

    We have almost 60 days to go to poll.

    And no one cares or mention about providing Secret services to protecting presidential candidates and there family’s.

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  11. The joke is on the ConCourt, we all knew that there is no way they can rule against Mr Lungu no matter what. Anyways people will have the last say as long as ECZ does not runaway with the results.

    LONG LIVE THE REPUBLIC!

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  12. A good Lawyer knows the Judge not the Law……Lawyers are very good at chewing people’s money even when they know the outcome……

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  13. GRZ, sinking with a ship.

    International Monetary Fund are you observing, uncertainty PF administration creating for GRZ?

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  14. International Monetary Fund are you observing, uncertainty PF administration creating for GRZ?

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  15. Nothing less was expected….real jury is however, out & will deliver true judgement on Aug 12th despite the uneven playing field.

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  16. “I smoked but did not inhale “. “ I was President but did not hold office.” “ we had elections twice but no one was voted for. “ “ I took some money from a widow, but I did not steal, “

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  17. That Ruling from Lungu controlled Concourt is not surprising. RB held Office for 34 Months from 2008 to 2011. The period is less than 3 years (36 months)so RB didn’t serve a Term and as such why is he recognized as the Fourth Republican President and is on Full Pension Benefits when he didn’t serve a Term of Office? Concourt has had its say and now the Real Concourt of Public Opinion will pass its Verdict on August 12. Zambians must now realise that they will never get a favourable Judgment from the State Captured Concourt. The onus is now on every Zambian to vote out Lungu on August 12 and usher in HH and UPND Alliance to State House. Another 5 years under the lawless, Corrupt, incompetent and Visionless ECL will be suicidal for Zambians. All these PF Cadres, Militias and…

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  18. After reading through the new constitution the late Sata and Wynter opted not to enact it. You all rose up in arms, Linda Kasonde and UPND included. Lungu promised to enact the new constitution in its entirety and he did. Little did people know that the link between the old constitution and the new one was not clearly defined. Parliament spent over 6 years without resolving some of the lacuna issues. Why is the ConCourt more to blame than MPs, ourselves, Chapter one or the Opposition parties?

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  19. Perhaps if HH wins, he should keep this constitution as is so that come 2026 and 2031 he will use it against PF and the roles will be reversed. PF will be the ones challenging UPND in a UPND inclined court.

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  20. The champagne has already started popping. We are drinking and dancing tonight. All those who believe in a progressive patriotic leadership are free to join us. I am buying all drinks. Even the upnd maggots are welcome. We don’t segregate like they do. Hh now you know that you will face the man you fear. Can hh get 24 seven security because he is a risk to taking his own life

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  21. The champagne has already started popplng. We are drinking and dancing tonight. All those who believe in a pr0gressive patri0tic Ieadership are free to join us. I am buying all drinks. Even the upnd magg0ts are welcome. We don’t segregate like they do. Hh now you know that you will face the man you fear. Can hh get 24 seven securlty because he is a rlsk to taking his own life

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  22. Please rewrite the constitution in your venacular languages , so that you might and may not have problems to interpret it in future. What a big embarrasement for the whole lot chaps who think its hip to be wearing wigs at work in this time and age.

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  23. Upnd how does it feel ? You thought you could win an election through courts you motherfakaz. I am drunk and celebrating come to my party house in kabulonga

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  24. Please rewrite the constitution in your venacular languages , so that you might and may not have problems to interpret it in future. What a big embarrasement for the whole lot of chaps who think its hip to be wearing wigs at work in this time and age.

  25. I don’t blame the judges at all and it’s a moot point to comment further on their decision. This is a job for 18 million people. Lets collectively own our future and solutions to our problems and not outsource them to a few through some technicalities of laws whose application we want changed depending on whether we are dealing with friend or foe. We will all get a chance in less than 100 days.

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  26. WONDERFUL NEWS UPND MUST BE HAPPY
    NOW PF CAN BE BOOTED OUT FAIRLY AND SQUARELY AND TEACH THEM A LESSON FOR NOT LISTENING TO THOSE WHO SAID LUNGU WAS NOT THE RIGHT CHOICE
    OTHERWISE THEY WOULD HAVE CRIED FOUL
    I THINK MR PRESIDENT SHOULD SPEAK TO KK ON HOW HE HANDLED THE LOSS
    FORWARD ZAMBIA FORWARD

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  27. i CAN ASSURE YOU THE SEWERAGE COLLECTOR IS GOING TO RUN FOR THE HILLS
    so no more useless blogs from the clown

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  28. The same thing happened to Donald Trump who thought by peddling lies and falsehoods about the legitimacy of the Nov 2020 elections, will sway people’s choice for presidency. DT tried everything but finally was taught a lesson through the ballot. The American people spoke and got their country back. Joe Biden wasn’t the preferred choice but he was a better alternative than Mr. Trump.

    So bane bonse this outcome is good news for the opposition. Let us show ba PF the way things should be done in a democracy by whacking them at the ballot but ONLY If elections remain free, fair and credible. PF bayasana wow….they need to be removed from running our country. Then follows prosecution.

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  29. “However, one of the Constitutional Court judges, Professor Margaret Munalula, indicated that she had a dissenting judgment which she will deliver on June 30.”
    Its all jargon for some of us ..why are they talking about holding office and why is this Prof. not passing her judgement now? Why does she need 2 weeks …Lungu has been prepping for this since 2016 he is dull but not stupid he has been strategically placing his colleagues in Concourt.
    Anyway I am not surprised!!

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  30. Why is Attorney General Likando Kalaluka appeared for the State? His job is to protect the constitution not being Lungu’s personal lawyer …

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  31. It is fine today. When you see this happening, know that ECZ had consulted and asked for protection by the Con court. The issue was supposed to be ECZ verses the people and not the people vs Lungu. Lungu is the appointer of all the wings and they can not rule against him. Even rigging it is ECZ, Con- Court and Police otherwise we are just wasting our time. There is no democracy unless a miracle is performed mark my words.

    Now ECZ and police are the key figures to disturb UPND and HH who is a big threat the hope of Zambians.
    HH is clean and will never suffer even when we lose. It is us poor who will terribly suffer when those in leadership enjoy our sweat.

  32. “…His job is to protect the constitution not being Lungu’s personal lawyer …”
    That’s where we would like to get as a country…we are not their yet.

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  33. Tarino, no corruption, tikki, sky lab and the other f00Iish k0lwes, how are you feeling?

    For me I am hosting a party to celebrate this news. We are drinking expensive stuff that you cannot afford and only see on your MTV. We just kicked out a upnd cadre who tried to gate crash our party

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  34. This was not a legal decision. It was made out of political expediency. The fear of what the legal decision, albeit right, would do to all the cronies of the regime. This court was clearly a purchased one from the beginning – but also spineless and a disgrace. Merely confirming it’s masters entrenched lack of any democratic values and disregard for the rule of law and the Constitution. Any child would have predicted this outcome.

    Bravo to the only dissenting judgement and hopefully for the right legal reasons.

    The vote must now be protected because the hyenas will stop at nothing in compromising all institutions for their greedy despicable benefit.

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  35. Any other petition coming or the UPND would rather wait for elections? They have delayed ballot printing. Linda Kasonde and others aimed at eroding public confidence in Lungu. So they are bent on bringing all sorts of confusions and mischief.

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  36. Sishuwa Sishuwa started as a prophet of doom. When he was challenged by Emmanuel Mwamba and the State he went for the infamous eligibility case to prove his case. He is actually fighting for the Barotse who with the support of Hakainde Hichilema have questioned Lungu’s legitimacy ever since he became president. No wonder they attacked the presidential convoy. That is the solicited violence Sishuwa was supporting and hopes to see a repeat in 2021.

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  37. How the hell is this news? The same constitutional court declared that ECL was eligible.
    Election years are now synonymous to fruitless court petitions. Alright, if we’re done with pre-election petitions, brace yourselves for post-election ones. By and large the post electoral court litigations will be marred by the already 2016 experienced ones. We had almost half a decade of chance to amend the possible boomerang of repeated petitions but the dead camp always shot themselves in their dummy feet celebrating their f00ly at the usual supposed victim’s lawn with hungry lion 1/16 of chicken packs. He is losing again and he can feel it.

  38. How the h.e.ll is this news? The same constitutional court declared that ECL was eligible.
    Election years are now synonymous to fruitless court petitions. Alright, if we’re done with pre-election petitions, brace yourselves for post-election ones. By and large the post electoral court litigations will be marred by the already 2016 experienced ones. We had almost half a decade of chance to amend the possible boomerang of repeated petitions but the dead camp always shot themselves in their du.m.my feet celebrating their f00ly at the usual supposed victim’s lawn with hungry lion 1/16 of chicken packs. He is losing again and he can feel it.

  39. Sangwa is still a hero for treading, rightfully, where others feared or were compromised because of lack of principle. Civil society and most in the legal fraternity cowered in the shadows of their ill-gotten comfort. They did not speak out and they will find that no one will speak for them when their comeuppance arrives

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  40. How the h.e.ll is this news? The same constitutional court declared that ECL was eligible.
    Election years are now synonymous to fruitless court petitions. Alright, if we’re done with pre-election petitions, brace yourselves for post-election ones. By and large the post electoral court litigations will be marred by the already 2016 experienced ones. We had almost half a decade of chance to amend the possible boomerang of repeated petitions but the d.ea.d camp always shot themselves in their du.m.my feet celebrating their f0.0.ly at the usual supposed victim’s lawn with hungry lion 1/16 of chicken packs. He is losing again and he can feel it.

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  41. Slam dunk…remember when I said that John Sangwa is indirectly campaigning for Edward Chagwa Lungu…now you know the results for the August 12 elections….John Sangwa you gave HH false hope but now it’s too late……ifintu fimo kuibwelamo…..”attention seeking Mr Lawyer John Sangwa and professors….Sishuwa Sishuwa kulibonesha….and Field Ruwe who “walked” the corridors of Havard…

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  42. A fishing expedition has ended. Likando Kalaluka ‘Smooth LK’ has caught another victory in his bag.
    I think EL never bothered about this as hh was busy crossing his fingers.
    As usual one man’s bowl of soup turns out to be another’s bowl of sumu.
    Hallo achishanibapo bushe are don’t kubeba na watermelon slogan applicable this election season ai?
    Ati shani apo?

  43. Absolutely nothing to celebrate this is a purchased judgement ,a fiesco a scandal. Imagine am elected president and sworn into office, then 34 months later I disolve parliament and call for fresh elections. I will be deemed not to have held office right. Then every 34 months I will be disolving parliament and calling for elections. Meaning I will be president for life. This judgement lacks common sense.

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  44. The petitioners rushed to court (on a case which has been adjudicated 2 times already) because they had faith it. Otherwise, if they knew the outcome, they would not have spent money and resources to argue in court. Law is like a game of soccer. The opposing teams enter the pitch because they are certain of winning. Now the court has ruled – we need to move forward. We cannot open new debates over the same case.

  45. SC Sangwa
    Sangwa since last year planned to petition Lungu’s eligibility meant solely to shift public icibi n towards UPND. He lost once, then twice. He sued for the last one, quickly withdrew when he asked Sishuwa to petition while he opts to be his lawyer to consolidate the case. Today he has lost again. To maintain his relevance, He fought many battle fronts and is losing the entire war. He petitioned everyone: ECZ, the president of Zambia, all running mates, Edgar Lungu, AG, etc. In 2016, he verbally attacked our Concourt judges. He has more controversial altercations than agreements. After elections, he will mount a vicious plot to discredit ECL.

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  46. zedian – That is thought provoking indeed …a lot of issuing will be petitioned especially the bills signed in that period.

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  47. As usual the UK based troll/ impostor trying very hard to justify being in a location it is nowhere near

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  48. Courts and Judicial systems all over the world are controlled either buy the ruling government or outside forces…look at what happened in Malawi …..the Judges were Chakwera’s friends and after he won elections he started offering them positions in his government….even here in the USA…Obama had his own supreme court judges to help him push his agenda …same applied to Trump….he appointmented his friend after Ginsberg’s death……Sangwa knows how the Judicial system works….its all full of corruption and deals…..Judges discuss cases in homes with Lawyers in exchange for a brown envelopes while sipping expensive champagne

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  49. Linda Kasonde-Chapter 1 Foundation
    At a time when Kasonde was LAZ vice president (2015), she maliciously objected Edgar Lungu’s appointment of Likando Kalaluka as AG.
    While the whole world congratulated her July 2016 election victory as first female LAZ president, she opposed and disagreed with government every which way. Before she ganged up with Sishuwa, she lost a petition challenging ECZ to include the old archaic voters’ roll.
    My point is, all 3 accusing dudes in today’s failed petition, are sworn staunch critiques of Lungu’s government doing it out of hate, naivety and ignorance.

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  50. 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

    Mo surprises stooges doing puppet master work. Saw it coming. The ramifications though are interesting… any actions that Lungu may have done during that time as “president” may now be null and void because he did not hold office them.
    The dissenting judge is a planted trojan to make it look like their judgment is not colluded and dictated by State House. 2 wks to deliver the judgment when in fact it will either be sent to State house for review or written there. Ridiculous!

  51. 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

    And now watch Lungu spending the next 5 years of his 3rd term changing the Constitution to make himself Life president or President for life! What a failed project called Zambia this is!

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  52. They were celebrating the downfall of Bill 10 when it had good clauses to clean up the constitution all because they planned to create confusion and disturbance for which they are known for. I mean which court would reverse its area decision and deny a player in the eleventh hour when he was given a green light earlier? You would rather have the constitution intact over a technical misinterpretion and risk plunging the country into turmoil? Why should your over bloated egos be the reaon Zambians should be dancing at your whims ? Politocal battles are fought on the field not in courts unnecessary. Give the country the break, its work in progress.

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  53. They were celebrating the downfall of Bill 10 when it had good clauses to clean up the constitution all because they planned to create confusion and disturbance for which they are known for. I mean which court would reverse its area decision and deny a player in the eleventh hour when he was given a green light earlier? You would rather have the constitution intact over a technical misinterpretation and risk plunging the country into turmoil? Why should your over bloated egos be the reason Zambians should be dancing at your whims ? Politocal battles are fought on the field not in courts unnecessary. Give the country a break, its work in progress.

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  54. Some pipo are sheeting in their pants after this judgement.They believed a lie as they still believe that hakainde will win the election.Doing the same thing and expect a different result.You fail mock exams and you expect to pass finals Uwa fitala akaimwena says HH.

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  55. It’s simple even if it were you behave the same how can you rule for 6 years the two terms consist of ten years not 6 years so if lungu wins 2021 in 2025 lungu will hand over power to chishimba kambwili to finish his term 2025 and they will be general election in 2026

  56. This Judgment could be a blessing in disguise for Zambia. Except 4 Prof Munalula 8 Concourt Judges have shown that they are there to protect and defend ECL’s interests as opposed to upholding the Republican Constitution. Concourt has turned Lungu’s Third Term Steal into a Referendum issue. Zambians stopped Chiluba from his Third Term madness and can do the same to Lungu. On August 12 Voters will show that they have got the Power and Final say to reject Lungu’s Third Term Steal. If Zambians vote for HH and give him 60% of the Vote they will have defeated Lungu’s Third Term. We have already voted 4 Lungu twice and Concourt can’t force us to vote 4 him for the third time. A vote against Lungu is a vote of no confidence in the 8 Concourt Judges and the AG. On August 12 we must…

  57. ” Delivering the abridged majority judgment, judge Anne Sitali declared that President Lungu was entitled to contest the elections as he has not twice held office.” There you have it, we have said many times. The constitution itself says if it is not three years and above it is NOT a term and has not held office. When parliament seats they should remove the sections Held office and/or sworn in twice. These sections are redundant they do not serve any pupose in our constitution. The moment you define a term in terms of the incumbent resigning or death then held office and sworn in become meangless in that respect and only applies to a candidate that holds office for full terms.

  58. ” Delivering the abridged majority judgment, judge Anne Sitali declared that President Lungu was entitled to contest the elections as he has not twice held office.” There you have it, we have said many times. The constitution itself says if it is not three years and above it is NOT a term and has not held office. When parliament seats they should remove the sections Held office and/or sworn in twice. These sections are redundant they do not serve any pupose in our constitution. The moment you define a term in terms of the incumbent resigning or death then held office and sworn in become meangless in that respect and only applys to a candidate that holds office for full terms.

  59. A political judgement without merit. So if the current Constitution has been used to define the term from the 2015 elections, here is the folly. If a week after 2016 came into effect the President was lost, was the then vice president going to be sworn in as president without having been on the 2015 elections ballot as running mate ? Clearly NOT. Articles in 106 only became active after all conditions were fully met for the first time after August 2016 elections when running mates were included on the ballot…. They tried to fit a square peg in a round hole but it keeps leaving spaces.

  60. This was bound to happen. The court had rejected two petitions on the same subject matter earlier. Still, traitor Sishuwa filed the third one. When will this so called learned historian learn from the ‘history’?

  61. The outcome has underlined the fact that the entire narrative of so called third term was based on a fake premise. HH and his gang deliberately peddled it as a part of sinister plan to disturb the social harmony in the country.

  62. This is the most welcome judgement by the Constitutional Court. I wonder how the so called learned and expert lawyers couldn’t foresee the fate. Strange! They seem to have taken HH for a ride!

  63. AS expected from a UPND surrogate. You conveniently forget that the same court had ordered against the government in the matter of illegal occupation of office by ministers and also ordered them to pay back the salaries received during that period. You were dancing when the order came. The court was impartial and the most trustworthy back then! What happened now? This is called hypocrisy and bootlicking of first order.

  64. The lawyers involved in the matter seem to be dull. If they were really clever, they would not have filed the third petition, after biting dust on two occasions.

  65. Similarly, Zambia is not for HH alone. It is for all Zambians. Stop crying foul, for your lawyers failed to prove their point in the court. If everyone was so confident about the matter, why they failed to make a full proof petition? Why are you blaming the Court for delivering justice based on the fact? On the contrary, you should blame the lawyers for shoddy work.

  66. Actually, the joke is on HH and UPND. After spending fortune on building narrative and hiring costliest lawyers in the country, so called intellectuals in Europe and USA, fugitive traitor Sishuwa, at the end of the day, he got nothing but humiliation and reduced to laughing stock.

  67. The Constitution of 2016 adopted the principle of Mbasela term of office. The same principle is applied in the United States of America. The Mbasela principle term of office is well founded because presidential elections is costly for the country. Why waste resources on many elections instead of other national development projects? The ruling of the Constitutional Court is fair, reasonable and plausible. There is no need to appease political demagogues or skeptical lawyers. Hiding behind the Constitution is not the solution to political and administrative decisions. The majority opinion prevails in a democratic tradition. It does not necessarily imply that minority opinion is completely wrong. Justice is a balance that tilts towards equality and equity. Next time, another presidential…

  68. Hiding behind the Constitution is not the solution to political and administrative decisions. The majority opinion prevails in a democratic tradition. It does not necessarily imply that minority opinion is completely wrong. Justice is a balance that tilts towards equality and equity. Next time, another presidential candidate will also benefit from the Mbasela principle.

  69. A lot of ignoramus on this forum who cannot be bothered to read, let alone analyse. Merely being prepared to accept hook, line and sinker a decision that serves their own selfish endeavours – never mind about where their bread is buttered. Until we can have more people who think about the future of the nation rather than narrow minded primitive politics (and while educating others who may not have the opportunity to be enlightened) we are in danger of a further wallow into the abyss of a directionless retrogressive State.

  70. I think the UPND and it sympathizers are quite hypocritical.

    If the ConCourt rules in their favour, then it is above hoard. If they rule otherwise then they PF ConCourt, come on!

    When the ConCourt ruled against ministers’ stay in office, they were professional.

    But when they lost their presidential petition the judges were called PF thugs. And now they are PF ConCourt.

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