Thursday, February 29, 2024

Constitutional Court Hears Challenge on Former President Lungu’s Eligibility

Share

Lusaka businessman Michelo Chizombe has presented arguments before the Constitutional Court, alleging that the Electoral Commission of Zambia (ECZ) violated Article 52 of the Constitution by accepting former President Edgar Lungu’s nomination papers in the 2021 Presidential Election. Mr. Chizombe contends that Mr. Lungu was ineligible to contest the 2021 General Election.

Mr. Chizombe reiterated his stance during yesterday’s submissions, following the petition he filed in October. In his petition, he sought a declaration that former President Lungu was not eligible for a presidential bid in 2021 and should be disqualified from any future elections. Additionally, he sought a declaration that Mr. Lungu’s participation in the 2021 General Election was unconstitutional.

The basis of Mr. Chizombe’s argument lies in Article 106, Sub-Article 3 of the 2016 Amended Constitution, which, according to him, renders Mr. Lungu ineligible for contesting the 2016 General Election due to having been sworn in twice as the Republican President in 2015 and 2016. Mr. Chizombe also referenced the repealed Article 35 of the 1996 Amended Constitution, which, he argued, excluded individuals elected twice from contesting Presidential Elections.

The Constitutional Court is tasked with considering the merits of Mr. Chizombe’s petition and determining whether the ECZ acted in breach of the constitution by accepting Mr. Lungu’s nomination papers in the 2021 election. The court proceedings will play a pivotal role in shaping the interpretation of constitutional provisions related to presidential eligibility.

The case raises crucial questions about the interpretation of constitutional provisions and their implications for political figures seeking reelection. The court’s decision will have significant consequences for the country’s political landscape and may set precedents for future electoral challenges. The hearings continue as stakeholders closely watch the developments in this landmark case.

38 COMMENTS

  1. These are the same arguments that John Sangwa, SC, made before this same Court in Daniel Pule’s petition. In fact John Sangwa had a more credible and detailed argument to which most of us agreed. We agreed with the dissenting judgement by Justice Munalula however, the majority judgement was that Lungu was eligible and that’s how he found himself on the ballot. Nothing has changed except the composition of the panel of judges. On what legal basis is this case being heard de novel? These judges mustn’t be allowed to play games with us. We’re watching closely

    35
    • ECZ did not violate article 52. The court reigned supreme over the elections body. They were relying on the Concourt judgment by accepting the nominations. Lungu has not been ineligible ever since. Though I personally feel Lungu has no place on the 2026 ballot papers.

    • Same argument and same venue, but different players. Why ?

      1.Undue Influence: Allowing external pressures, such as political influence or personal relationships, to impact judicial decisions.
      2.Case Fixing: Manipulating the judicial process to predetermine the outcome of a case.
      3.Conflict of Interest: Failing to recuse oneself from a case where there is a personal or financial interest that may compromise impartiality.
      4.Selective Enforcement: Applying the law selectively or unevenly based on personal biases or preferences.
      5.Abuse of Power: Using the position to intimidate or manipulate individuals involved in legal cases.
      6.Nepotism: Showing preferential treatment to friends or family members in legal matters.

    • @Ayatollah: What has changed is that this court is not under the bribery or intimidation of Lungu. It will be able to review the law, and apply it properly. Lungu has been sworn in twice, he does not qualify to stand for president. The buck-toothed mathafaka is gonna lose

      3
      3
  2. What a country of jokers. If the same institution allowed ECL to stand why do you take him to the same institution.? Also if he was not eligible to stand then the whole election was a farce and must be annulled. But do these guys in wigs have the balls to make an independent decision? I doubt. They did what ECL wanted and now they will do what HH wants.

    22
    • @Deja Vu: The building is the same; the justices are different. The ones on the court are not afraid of or bribed by Lungu. Furthermore, a court can always review its own decisions. The law will be applied properly, and the mathafaka is gonna be barred. To say that every occupant of every government office should do what his predecessor means that HH should go borrow another US $31 billion and steal it, like Lungu and Satan did. No, we are southerners; we do not roll like that. We follow the law.

      1
      2
  3. He is certainly no saviour to zambia
    a bitter twisted individual
    nevertheless is has the right to have his day in court
    Should Pf adopt him more f00l them

    2
    6
  4. Another mad dog funded by hh. I have obtained some powerful tradiotional medicines from a renowned witchdoctor from lundazi. This medicine will ensure that anyone who gets money from hh to attack ecl will run mad and die. Even chi hh I have put a curse on him

    1
    4
    • If you have traditional medicines use them of the frail looking ECL
      and incase you picked up something whilst playing around in Kenya night club

      2
      7
    • @Kaizar “Kanyenga-nyoko” Zulu: If you have this medicine, why don’t you give it to the loser Chagwa, to cure his HIV? Why don’t you take the medicine yourself, given that you probably have the same thing as Jonathan Mutawire, since you are one who was cleaning up Esther by licking and finishing where Lungu left his seed, without a raincoat? I am saying this for your own good, because you are going to die very soon, from the various VDs you have acquired in that way. This is not to say that your death would not be a favour to our eyes, given how painful your ugliness is to them

      1
      2
  5. Then the 2021 election should be declared NULL and VOID, so even Hachilema can not be declared President.
    As stated above, indeed John Sangwa had much stronger arguments, and John accepted (not agreed) and respected the Concourt ruling.
    This is not a case where the Concourt would rule against its earlier ruling when there has been no change in the composition of Concourt judges.

    26
    • One thing I admire (not like) about Southerners is that they support their own no matter the circumstances or status. it’s different with Northern people…. even if you come from the same village they don’t want to know you…tabafwaya icibeleshi.

      4
      1
    • @Deja Vu: Southerners have fed the country for 60 years, accepting low prices for maize and beef, while people from these “other provinces” took the agricultural products of Southerners and resold them at home and abroad at a killing in profit. Southerners, have suffered the loss of their land to provide electricity, sugar and coal, to say nothing of private wildlife farms, with no benefit for themselves, while things benefit “other people” and their provinces. Other people conspired to sabotage the agriculture of the south by letting 2 million cows die, and refused to relieve the resulting food shortage, saying that Southerners could alleviate their suffering by selling their cows. To be continued……../

    • @Deja Vu: Southerners have suffered the tribalism of “other people” who have tried to carve districts out of the South, that produce the majority of the electricity in Zambia out of the south, even when the people in those districts are Tonga. Southern lands have been sold by other people to themselves and foreigners, even as these people keep their own provinces from being sold, and build universities and oil pipelines into them at government expense. Remember, Tonga land starts in Kabwe, and goes all the way South into Zimbabwe. Each of you have carved out a piece of land in this area, while no Tonga has taken any land in your provinces. Southerners, Westerners and Northwesterners were tribally purged from the army and the civil service by MMD and PF

  6. If you have traditional medicines use them of the frail looking ECL
    and incase you picked up something whilst playing around in Kenya night club

    1
    6
  7. In te city of the elderly wise men, you can’t see nor hear any of them singing , ” NALITUMPA INE EE,,,” IF ANY ONE OF THEM SINGS such a song at his elderly age and in that city is considered suffering from foolishness and some people are quickly sent to lundazi to get the medicine for foolishness. But kaizer is not merciful. He cant use the same medicine to treat his brother who has become sick and loud singer of the same song indexed with foolishness .

  8. In te city of the elderly wise men, you can’t see nor hear any of them singing , ” NALITUMPA INE EE,,,” IF ANY ONE OF THEM SINGS such a song at his elderly age and in that city is considered suffering from foolishness and some people are quickly sent to lundazi to get the medicine for foolishness. But kaizer is not merciful. He cant use the same medicine to treat his brother who has become sick and loud singer of the same song indexed wit

  9. If we want to seriously develop Zambia then we need true and genuine revolutionaries…not people like Fred Mmembe or Julius Malema who are just attention seekers….We need leaders like Thomas Sankara and Kwame Nkhruma…
    Edgar Lungu and HH are one and the same no big difference both are just useless puppets of the West and the East….Kagame wants to be life President of Ruanda and he is a big puppet of the West but he acts as if he is revolutionary and fake Pan African

    • @Anonymous: You do raise important valid points. You are right about the hypocritical opportunitst, Julius Malema, who rants revolutionary rhetoric, but turns around and hands control of the big cities in South Africa to the white DA party, that is a remnant of the racist white party which ruled South Africa. When Uganda banned homosexuality, Malema led a march to the Ugandan High Commission in South Africa, where while dorning the homosexual flag, he addressed a rally condemning the government of Uganda. In both cases, he gained the praise of white people in and out of South Africa. Malema is nothing but a dangerous opportunist. Fred Mmembe is driven by nothing but tribalism, and desire to loot if given a chance.

  10. Constitutional Court was corrupt under PF. It remains corrupt under UPND. Its a tool that is used to fix those in opposition.

    18
    1
    • Disregarding the constitution, the ECZ in September last year barred Lusaambo and Malaanji from appearing on ballots. Concourt, like ECZ, has not been consistently straight forward of late too.

  11. Power is sweet. ..remember Chiluba tried for a third term…Kaunda wanted to come back after ruling Zambia for 27 years….Now Lungu is missing all the goodies that comes with being the President and HH is trying hard to become like Kagame and make himself President of Zambia for life

    • @Anonymous: Kaunda and Chipuba attempted to come back for qualitatively different reasons. Chipuba wanted to return to loot even more, and to entrench the tribalism he had ushered into government. Kaunda wanted to return to safeguard what he had worked hard to build for Zambia, and to prevent the country from being shared among Chipuba and his friends, and from auctioned off to Lebanese homosexuals, and from being turned into an outpost of the CIA. Unfortunately, Kaunda failed in his return, and all the things he feared transpired.

  12. My heroes, Sishuuwa and Saangwa indicated when every one else had given up hope, that the worst culprits are those in the curly bench wigs:

    ‘..petition against ..the nomination of Edgar Lungu..is a watershed moment for the country. Zambia’s judges on the Constitutional Court must surely feel the weight of history.
    If we manage to prevent Lungu from standing for a third term, our democratic credentials, would be elevated to unprecedented levels.’

    Where was this coward Chizombe when the duo lamented?

  13. Concourt already wrongly ruled on this and said ECL was eligible. They knew they were wrong but had to tow ruling party line that time. Now they can’t change and say we were wrong or else they would be the laughing stock of all courts.

    • Yes they can change, they should change, and they will change. Courts reverse themselves all of the time. That is the point of having a court. They made an erroneous ruling which they are now going to fix by barring that criminal Lungu from ever running for president again

  14. Constitution must also hear from Edgar as to why he is still in possession of two different registration cards? In which way did he attain his Zambia citizenship? Was it by birth or by registration? If it is by birth can he truly or without fear announce as where his village is situated.

  15. Usually, publication of such cases includes the names of the judges sitting on the bench. Is it judges appointed by ECL?

  16. I actually think that we need a people driven accountable dictatorship like is the case in China. A system where leadership is earned via a track record of service from lower levels and all the way up. This multi party western democractic system is flawed. Leadership in the multi party system in Zambia is abused like a lottery or casino. All manner & types of crooks, opportunists, charlatans and outright thieves line up to support, sponsor the most “popular” party/presidential candidate. Their interest is not Zambia but to become instantly rich by stealing/corruption when they get embedded in government

Comments are closed.

Read more

Local News

Discover more from Lusaka Times-Zambia's Leading Online News Site - LusakaTimes.com

Subscribe now to keep reading and get access to the full archive.

Continue Reading