Amb. Emmanuel Mwamba writes:
Can he Stand?
A presidential pardon is a constitutional prerogative of mercy exercised by the President under Article 97, allowing for the release, reduction of sentences (commutation), or substitution of punishments for convicted individuals.
It is commonly used to release inmates based on good conduct or to commemorate national events, such as independence or freedom days.
The power is granted under Article 97 of the Zambian Constitution, which allows the President to pardon, respite, or substitute penalties.
This can include full pardon, reduced sentences (e.g., life to 35 years), or commutation of the death penalty.
In August 2021, Mathews Mohan, the former Managing Director of Inktech, was released from prison after receiving a presidential pardon from outgoing President Edgar Lungu.
Mohan was originally sentenced to death in 2011 for the murder of Sajid Itowala, a prominent Lusaka businessman and director of Cyclone Hardware.
His death sentence was later commuted to life imprisonment before the final pardon.
Reports indicated that Mohan’s pardon was based on his good conduct and reform while incarcerated. During his time at Mukobeko Maximum Security Prison, he notably initiated an agricultural project that provided employment for both inmates and non-inmates.
Can he stand for an elective public office? Yes he can because he received a full pardon.
