Sangwa joins Lungu’s eligibility case as a friend of the court
Vocal lawyer John Sangwa has joined the Edgar Lungu eligibility case, raising curiosity as what his new arguments would be, having once argued that the former president already held office twice.
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Constitutional Court judges Arnold Shilimi, Martin Musaluke and Matthew Chisunka granted Sangwa’s prayer to be joined to the case brought by youth activist Michelo Chizombe, as a friend of the court.
Sangwa had applied for leave to appear at the main hearing slated for tomorrow as a friend of the Court, Pursuant to Section 12 of the Constitutional Court Act, 2016.
The lawyer said he intends to appear as a friend of the court, on grounds that he has the requisite knowledge and experience to appear as a friend of the Court.
In an affidavit in support of of of summons for an order for leave to appear as a friend of the Court pursuant to Section 12 of the Constitutional Court Act, of 2016, Sangwa said he is an advocate of the Superior Courts of Zambia, admitted to the bar on December 7, 1990.
He said after his admission to the bar: he focussed mainly on handling constitutional law and administrative law cases.
“I also taught constitutional law and administrative law at the University of Zambia, School of Law from 1990 to 2010,” said Sangwa.
“I believe I have the requisite knowledge and experience to appear as a friend of the Court in this matter.”
In this matter, Chizombe wants the Court to declare that Lungu’s participation in the previous election was unconstitutional.
The youth activist has cited Lungu, the Electoral Commission of Zambia and the Attorney General as respondents in the matter arguing that; Lungu contravened the constitution when he participated in the August 12, 2021 general elections.
He stated that the electoral body contravened the constitution when it accepted Lungu’s nomination and allowed him to be on the ballot paper for the 2021 presidential elections which enabled him to participate.
The petioner wants the Court to pronounce that Lungu is not eligible to contest a presidential election under the current constitution as read with the now repealed 1991 Constitution (as amended).
Chizombe is seeking a combined interpretation of Sections 7 of Act no.1 of 2016 and Section 2 of the same Act.
In his answer to the petition, Lungu claimed that he never held office twice.
The former president said the Court has already pronounced itself on his eligibility debate when it cleared all constitutional hurdles for his attempt at third term.
He said a dissenting judgement by Court president Margaret Munalula cannot be relied upon to set a precedent.
By Mwaka Ndawa
Kalemba September 25, 2024.