Thursday, July 25, 2024

Constitutional Court Allows New Petition Against Former President Edgar Lungu’s Election Eligibility

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The Constitutional Court has permitted a new petition challenging former President Edgar Lungu’s election eligibility to proceed to a full hearing. The Court dismissed Lungu’s preliminary objection, which sought to quash the petition.

Lungu argued that the Constitutional Court lacked jurisdiction over the matter, citing a previous ruling in the case of Danny Pule and Bampi Kapalasa versus the Attorney General prior to the 2021 General Election. However, the Court ruled that under order 14 clause “A” of the Supreme Court rules, the petition raised issues that warranted a full hearing and determination.

The petition, filed by Lusaka businessman Michelo Chizombe, seeks the Court’s determination on Lungu’s eligibility to contest the 2021 General Election and his eligibility for future elections. Chizombe contended that his case differed from the Pule and Kapalasa cases and argued that Lungu is ineligible to run in future elections as he has already held office twice.

The ruling on the preliminary issues was delivered by Judge Mudford Mwanyisa, with Judges Palan Mulonda and Martin Musaluke. The hearing was before the full bench of the Constitutional Court, including Court President Margaret Munalula, Deputy Arnold Shilimbe, and Judges Annie Sitali, Mugeni Mulenga, Mathews Chisunka, Judy Mulongoti, Kenneth Mulife, and Maria Kawimbe.

21 COMMENTS

    • It’s the MPs, mayors and Zesco executives who should be in courts not the uselesses ex-presidents.

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  1. If the same judges allowed Edgar Lungu to stand and if the same judges say he was not eligible to stand then we might as well go to intercity station and recruit some Callboys to come and man our courts. Please don’t get me wrong…. I don’t know whether he was eligible or not but we have learned people who have studied how to interpret law but they are afraid to do their job. Imagine if a patient complains of a headache but the president says no he’s suffering from a painful toe and the doctor obeys…. where would we be?

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    • @ Deja Vu, this is exactly the problem. Imagine a presidential election petition that raised serious matters was dismissed without being heard and those matters have remained unresolved. Those matters are likely to come up in 2026 and we’ll be in a quandary over matters we had an opportunity to resolve in 2021. Should the people that presided over the matter continue to enjoy without consequence? I don’t think so

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  2. Where is the written judgement that allowed Lungu to stand when he was not supposed to? People should not be too clever by-half. The written judgement that made Lungu to stand should be read before commencement of this case.
    There must be something fishy about all these. To me, I now see that Chief Justice Mabirima’s death must be connected to the written judgement, and on my own opinion, it must have burred him from standing.

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  3. When they delivered the first verdict, they were under tremendous duress from Jameson Dununa Reverse Mutaware Lungu! The constitution simply says if you were previously sorn in twice, it’s game over you do not qualify to run and win or lose. In short, Lundu does not qualify.

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  4. So in reality Edgar Lungu’s presidency was an illegitimate baby born out of wedlock. No wonder he left behind so much chaos.

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  5. The chicken have come home to roast. Lungu corruptly used these so called Constitutional Court judges to rule in his favour when he was still president. But now that he has lost power, the same judges will turn against him and feed him to the lions. We need institutions that can outlive individuals, transcend and rise above petty politics. Unfortunately even the US Supreme Court is also turning into a political court for Trump as cheap politicking takes over… really sad!

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  6. The goings-on in this dispensation are simply disgusting. It is either the previous group gamed things and this one is trying to course-correct, or we have a literal manipulation of affairs of the country by each successive cimbwis…

  7. Lungu doesn’t realize the only reason concourt judgements were in his favour is because he was in power then. He held the key to judges livelihood. Now he doesn’t have the key anymore so all judgements will go against him. Go to whatever court you want.

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    • Yes but technically the court had entangled itself in what in a normal country can still allow Lungu to stand. But like you said even now they act unethically because the instructions are coming from the one who is president now. Forget the petitioner he’s just been sent. The situation makes one to lose confidence in the system. The honorable thing for these judges is for them to resign….. whatever judgement on Lungu’s eligibility must be best on what the law says… otherwise we’re not safe.

    • @Deja Vu, it’s the same judges who were there before during Lungu’s presidency. It’s now you are calling for their resignation? See this is what happens when you just support stuff for political expedient instead of critically applying impartial rationale. Some of us knew then that the judgement at the time was corrupt from the same corrupt judges… just there to save Lungu’s backside. As you can see nothing has changed except the president.

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