The Constitutional Court has ordered politician Sean Tembo to pay costs after dismissing his “frivolous” petition concerning former President Edgar Lungu.
Seven judges who heard the matter ruled that the petition was an abuse of the court process and appeared intended to embarrass the Court.
In his application, the Patriots for Economic Progress (PeP) president challenged the Court’s earlier decision that barred former President Edgar Lungu from contesting future elections. However, the bench—led by ConCourt Deputy Judge President Arnold Shilimi—described Mr. Tembo’s petition as frivolous and vexatious.
The judges found that Mr. Tembo was indirectly challenging the Court’s judgment in the Michelo Chizombe case, in which it had been held that Mr. Lungu was ineligible to stand in future elections.
“This petition is a veiled attempt at appealing the Michelo Chizombe case and a clear abuse of the court process. It is not only frivolous and vexatious, but also meant to embarrass the Court,” the judgment reads.
The Court referred to the earlier Chizombe ruling, reaffirming that Mr. Lungu had already served two terms and was therefore not eligible to contest again. It stated that Article 52(4) of the Constitution was irrelevant in that context, as the Chizombe case did not concern nominations. The Court further indicated that it could not appreciate the relevance of Article 267(3)(b), which Mr. Tembo cited in his petition.
Judge Shilimi added that although every individual has the right to approach the courts with constitutional grievances, the petition was a disguised attempt to appeal the Chizombe case and constituted an abuse of judicial process.
The Court also emphasized that it would not hesitate to impose costs on individuals who persist in abusing the court system.
“The petition lacks merit and is hereby dismissed. Costs are accordingly awarded to the respondent, the Attorney General,” the judgment states.
Mr. Tembo had argued that the Court’s previous ruling on Mr. Lungu’s eligibility was flawed and should be revisited to safeguard democratic principles.
