Lusaka businessman Michelo Chizombe has presented arguments before the Constitutional Court, alleging that the Electoral Commission of Zambia (ECZ) violated Article 52 of the Constitution by accepting former President Edgar Lungu’s nomination papers in the 2021 Presidential Election. Mr. Chizombe contends that Mr. Lungu was ineligible to contest the 2021 General Election.
Mr. Chizombe reiterated his stance during yesterday’s submissions, following the petition he filed in October. In his petition, he sought a declaration that former President Lungu was not eligible for a presidential bid in 2021 and should be disqualified from any future elections. Additionally, he sought a declaration that Mr. Lungu’s participation in the 2021 General Election was unconstitutional.
The basis of Mr. Chizombe’s argument lies in Article 106, Sub-Article 3 of the 2016 Amended Constitution, which, according to him, renders Mr. Lungu ineligible for contesting the 2016 General Election due to having been sworn in twice as the Republican President in 2015 and 2016. Mr. Chizombe also referenced the repealed Article 35 of the 1996 Amended Constitution, which, he argued, excluded individuals elected twice from contesting Presidential Elections.
The Constitutional Court is tasked with considering the merits of Mr. Chizombe’s petition and determining whether the ECZ acted in breach of the constitution by accepting Mr. Lungu’s nomination papers in the 2021 election. The court proceedings will play a pivotal role in shaping the interpretation of constitutional provisions related to presidential eligibility.
The case raises crucial questions about the interpretation of constitutional provisions and their implications for political figures seeking reelection. The court’s decision will have significant consequences for the country’s political landscape and may set precedents for future electoral challenges. The hearings continue as stakeholders closely watch the developments in this landmark case.
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