Zambia’s Constitutional Court Refuses to Dismiss Lungu Eligibility Case, Sending it to Full Trial
In a detailed ruling signed by Constitutional Court Judge P. Munalula and Judges Shilimi, Sitali, Mulonda, Mulenga, Musaluke, Chisunka, Mulongoti, Mwandenga, Kawimbe and Mulife, Zambia’s Constitutional Court has refused to dismiss a petition challenging former President Edgar Lungu’s eligibility to contest the 2021 elections, instead sending the matter to a full trial. This decision marks a significant development in the long-running legal battle over Lungu’s political future.
The petition, filed by Michelo Chizombe, sought to challenge the constitutionality of Lungu’s candidacy, arguing that he had already served two terms as president and was therefore ineligible to run again. However, Lungu’s legal team had filed a notice of motion, seeking to have the case dismissed on the grounds of res judicata, abuse of court process, and lack of jurisdiction.
In its ruling, the Constitutional Court panel dismissed Lungu’s notice of motion, stating that the issues raised were highly contested and more suited for determination at a full trial rather than through the summary procedure under Order 14A of the Rules of the Supreme Court.
“Given the contending positions taken by the parties in this case, both in the main matter and the notice of motion, our view is that while this Court has power to determine a matter on a point of law in an appropriate case, pursuant to Order 14A of the White Book, the issues raised in the petition are not suitable for determination on a point of law under the procedure set out in that Order,” the court stated.
The court further noted that the issues raised in the petition must be allowed to be addressed on the merits at trial, and ordered the matter to be sent back to a single judge to schedule the hearing of the petition.
The decision has ignited a new round of political drama in Zambia, as the country braces for a potentially high-stakes legal battle that could have far-reaching consequences for the country’s political landscape.
9th July, 2024
Waiting for the historical out come
What the ‘ chidunu judgement ‘ from the Constitutional court means is that the Danny Pule V Attorney General Precedent has been set aside…and a re-trial under a single judge of the constitutional court will now be done..Why the constitutional Court judges have adopted this Path is very clear…to conveniently do away with their own constitutional court ruling, make some noises to present some form of intellectual content, but just hollow noises , and spice with some Italian legal verbose to confuse..and then embark on a very long and winding judicial train trip to prevent ECL to be on a Presidential ballot paper again.
And offcourse the judicial snoring will now begin under this re- trial by a single judge… through to 2026 or beyond, and no judgement will be made…And when this judgement is made, the ‘ Chidunu judgement ‘ tells us , or more appropriately prophesizes, that there will be an appeal which will then be heard by the full bench of Judges! Most likely in 2050.
And when ECL tries to lodge in nomination papers in 2026, Hakainde’s ECZ will reject the papers, that his eligibility case is yet to be determined in Court.
These are the Institutions of government we have under Hakainde…a failed state. The constitutional Court had the arguments of the Petitioner, and the defense…and the arguments which were presented in the Danny Pule V Attorney General…but they decide to order a re-trial to again get the same arguements??? There won’t be any other new clauses in this case.It’s just articles 106 and 96..and the interpretation. What is meant by a Presidential term, and what is meant by being sworn in twice…The lacuna which was addressed by Danny Pule V Attorney General Precedent by holistically looking at both constitutional provisions.. Whether you look at this case 100 times, it will just be down to the interpretation of these two clauses … nothing more, nothing less. So don’t waste our time with ‘ chidunu judgements’ ba Concourt. Any one can see through your so called judgement.