By DARIUS CHOONYA
PRESIDENT Edgar Lungu has been declared eligible to contest the 12th August, 2021 general election but one of the nine Constitutional Court judges has dissented saying the current head of State does not qualify.
The eight Constitutional Court judges have ruled that President Lungu is entitled to contest the election because he has only held one full term of office from 2016 to date until the next President elect.
In an abridged judgement, the majority judges have explained that from January 26, 2015 to September 15, 2016, President Lungu inherited a term and therefore cannot be considered as a full term as prescribed by the Constitution.
But Professor Margaret Munalula who disagreed with the eight others on the bench said President Lungu is not eligible to contest the August 12, 2021.
Prof Munalula says she will give her reasons for dissenting on June 30, 2021.
But Attorney General Likando Kalaluka has expressed worry over the dissenting judgement because the earlier judgement in the Danny Pule and Bampi Kapalasa case on the interpretation of what constitutes a full term of office had no opposing views.
In this petition, three Petitioners namely Legal Resource Foundation Limited, Dr Sishuwa Sishuwa and Chapter One Foundation Limited led by former Law Association of Zambia President Linda Kasonde were challenging President Edgar Lungu’s nomination to contest the 2021 general elections.
The petitioners wanted the court to declare his nomination null and void.
In another Petition challenging 16 Presidential Candidates, the court has also dismissed it for being incompetent.