Attorney General sued in the ConCourt over ECL’s 2016 inauguration
By Mukwima Chilala
A private citizen has sued the Attorney General in the Constitutional Court to clarify whether former President Edgar Lungu and his deputy, Inonge Wina, were duly sworn in 2016.
The petitioner, Nkulukusa Teddy Kalusa, wants the Attorney General to state whether former President Lungu was right not to hand over the instruments of power to the Speaker of the National Assembly, Patrick Matibini, during the 2016 election petition.
Kalusa has cited the Attorney General and wants the Constitutional Court to determine whether the former President and his deputy were legally sworn in for the purpose of Article 105 of the Constitution of Zambia.
Kalusa further seeks a determination on whether the former President was legally in office during the presidential petition in 2016 for the purposes of Article 104(3) of the Constitution of Zambia.
Kalusa contends that former President Lungu did not hand over executive power to the Speaker of the National Assembly, which he argues is in conflict with Article 104(3) of the Constitution.
Additionally, Kalusa seeks a determination on whether the former President and Vice President were duly sworn in by a person other than the Chief Justice or his deputy, which he claims is in conflict with Article 105 of the Constitution of Zambia.
Time wasters. Let your government improve the economy.
Sleeping giant.wake up,face the truth.
Yes, you Inspector Clouseau characters! Just Ballyfix the economy etc instead of ducking and diving away from your job. Next you will be suing the world and his wife for allowing you to be born !!!!
Yes he is trying to fix what the thieves destroyed. It too over 10 years of mismanagement and you want the economy fixed in2 years?
Can you demonstrate how these proceedings which have been started by an individual citizen interfere with the economic stabilisation effort? Have you seen any government involvement in these proceedings? You have no credible argument.
Unfortunately Ireen Mambilima who was Chief Justice at the time is now sadly dead. But there are enough witnesses. The key question in my view is, “can the Chief Justice delegate the function of swearing a President-Elect into the Office of President of the Republic of Zambia”? The petitioner is not seeking damages here but merely seeking to understand the Constitution of the Republic of Zambia. It’s an awkward case for the current Attorney-General to defend. I’m dying to see how he will respond to the petition.
One can only delegate when that person is not available. In case ECL, the CJ and her deputy were present at the inauguration ceremony. I am sure the CJ knew that ECL was wrongly inaugurated
Lungu carried out a bloodless coup d’etat.
His immunity should be removed and he should be charged with treason.
We also want to know if fourteen days include the weekends and public holidays. Some people thought they were above the law. It’s now the time to show them that the law is above them and everyone else.
Mr. Lungu’s lawlessness knew no bounds. He gleefully abrogated the constitution on many occassions. His ministers continuing in office after parliament was dissolved, refusing to handover power to the Speaker when his election was petitioned in 2016, threatening the Constitutional Court into granting him a third term attempt.
It is inorder to call him to account for all these transgressions, otherwise those who come after him may be tempted to do worse.
This is a very interesting case because I have wondered whether the President can be sworn in by anyone other than the Chief Justice. If I recall correctly, both the Chief Justice and her deputy were at the swearing in ceremony. Why did they decline to swear in Mr. Lungu as President?
It’s certainly an interesting question and raises legitimate constitutional issues. Both the Chief Justice and the Deputy Chief Justice were at the swearing in ceremony. The High Court judge who administered the oath is very much around. Under what circumstances did he find himself swearing in President-Elect Edgar Lungu as President of the Republic of Zambia? The petitioner has arguable grounds for moving the court. Will Edgar Lungu and Inonge Wina apply for leave to join the proceedings? They certainly should because the court’s decision will affect them.
Fourteen days in which to launch the petition