CHIZOMBE RESCINDS DECISION TO HAVE LUNGU’S ANSWER REMOVED FROM THE RECORD
YOUTH activist Michelo Chizombe now has a change of mind on having Edgar Lungu’s answer to his petition struck out from the record.
Chizombe says since the Constitutional Court ruled that it will proceed to hear and determine the case on merit, Lungu’s spirited response can be maintained on the record.
In this matter Chizombe wants the Court to declare that Lungu’s participation in the previous election was unconstitutional.
Chizombe who has cited Lungu, the Electoral Commission of Zambia and the Attorney General as respondents in the matter indicated 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 petitioner 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that Lungu is not eligible to contest a presidential election under the current constitution as read with the now repealed 1991 Constitution (as amended).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.
He is further seeking a declaration that Lungu is not eligible to seek presidential office for a third term.
In his answer to the petition, Lungu swore that he was never sworn into office twice.
The former president said the ConCourt has already pronounced itself on his eligibility debate when it cleared all constitutional barriers for his attempt at third term.
He said a dissenting judgement by Court president Margaret Munalula cannot be relied upon to set a precedent.
Lungu added that the Court should embrace the principle of finality in legal decisions, and consider the grim effects of setting aside a decision that was rightfully made in his favor.
Chizombe submitted that Lungu’s answer to his petition as it does not address the issues raised in regards to his qualification to contest the 2021 general election and future elections.
He said the purported answer by the former Head of State respondent does not comply with Order 4 Rule 4 of the Constitutional Court rules and must be set aside.
“This purported answer by Lungu will certainly lead to embarrassment of these proceedings and an absurdity because the Petitioner has to defend its petition against the answer,” Chizombe said.
“In the current circumstances, there is no answer by Lungu that joins issue with the petition.”
The youth activist has filed a notice of discontinuance of his application to strike out Lungu’s answer.
“Take notice that owing to the ruling delivered by this court on July 9, 2024, on the notice of motion to raise preliminary issues, the petitioner consequently discontinues his application to strike out the first respondent’s answer,” said Chizombe.
By Mwaka Ndawa
Kalemba
Lungu claims he was not sworn in twice because in the second elections, he was sworn in by the deputy chief justice. . Kikikikiki.
The man who warned the concourt judges to ensure they rule in his favor.
Now the playing field is level.
Nayo nayo!
Apart from suing the Attorney General and ECZ, Chizombwe should have also sued The Constitutional Court which pronounced previously that he was eligible to stand.
Just a waste of time…
What kind of judicial system do you want to create? Have your day today, and shine in your tribal limelight..But everyone has a civic duty to bring criminals to book.
Come 12th August 2026 , any responsible Zambian , cognizant of his civic duty, will sue Hakainde Hichilema for putting the life of 6th President, Dr Edgar Lungu, in danger over the Mongu Incident.That was a criminal offence. And Note that Hakainde wasn’t acquitted. A nolle is an active case which can be revisited any time. An alleged crime was committed, and video evidence is there…and those who have received compensations over a nolle prosqui, know that Zambia will get back it’s money..
Hahahaha, you are the funniest hypocrite that ever lived.