CONCOURT ASKED TO TREAT PRESIDENT LUNGU’S ELIGIBILITY CASE WITH URGENCY
By Darius Choonya
Attorney General Likanda Kalaluka has asked the Constitutional court to treat with urgency a matter in which UPND Katuba Member of Parliament, Bampi Kapalasa and a Lusaka resident, Joseph Busengi wants the court to interpret the Constitutional provisions regarding the eligibility of President Edgar Lungu to contest in the 2021 general elections.
According to Mr. Kalaluka delaying the matter may have the potential to prejudice President Lungu in the proceedings.
He says this is because the Electoral Commission of Zambia have already published the election calendar which shows that payment of nomination fees for aspiring candidates is slated for 1st to 9th May, 2021.
Mr. Kalaluka therefore wants the court to dispose off the case as it has a bearing on the holding of the general elections set for August 12th, 2021.
Further, the attorney general in his application says the provisions of the Constitution cited by the applicants have already been adjudicated upon by the same court in the case of Danny Pule, Wright Musoma, Peter Chanda and Robert Mwanza vs the Attorney General and Davies Mwila as PF Secretary General, the Law Association of Zambia and Steven Katuka in his capacity as UPND Secretary General.
In the current matter Mr. Kapalasa and Mr. Busengi have made an application for the interpretation of the expunged provision of the constitution of the Republic of Zambia as to whether President Lungu is eligible to run for the third term while taking into consideration Article 106 (1),(3a)(6)(a) and (b) of 2016 of the Constitution of Zambia and Articles 35(1) and (2) of the 1996 constitution.
They say the constitution of Zambia is not clear whether Article 35(1) and (2) of the old constitution as amended by Act No. 18 of 2006 was saved in respect of allowing or disallowing President Lungu to run for Presidency of two full terms under the new amended constitution.
-Diamond TV