CONFRONTING THE NARRATIVE THAT THE 2021 ELECTION RESULTS WILL BE CANCELLED IF ECL IS DECLARED NOT ELIGIBLE.
By Dr Nevers Mumba
As we await the landmark judgment by the Constitutional Court on the eligibility of former President Edgar Lungu, it is clear that the upcoming judgment has ignited intense debate among our citizens. Some suggest that a ruling of ineligibility for the former President would automatically nullify the 2021 presidential election results.
The false narrative circulating about the ECL eligibility judgment suggests that if former President Edgar Lungu is declared ineligible, the 2021 presidential election results would be nullified, and power would be handed back to him. This narrative claims that fresh elections would be called within 90 days, potentially plunging the country into uncertainty and instability.
However, this narrative is misleading. Zambia’s electoral laws and constitutional framework, and the natural laws of justice do not seem to support such a drastic outcome.
A football analogy would better illustrate this point. Whenever a team uses an ineligible player, it is only the offending team that faces sanctions, such as forfeiting the match or being disqualified. The innocent team isn’t punished or made to go back and play the same match in which their opponent used an ineligible player.
I can cite some Real-life examples to support this perspective:
Kenyan Football Federation Ban
In 2018, the Kenyan football federation was banned from international competitions for two years after using an ineligible player.
JS Kabylie Disqualification:
In 2020, JS Kabylie was disqualified from the CAF Champions League for fielding an ineligible player.
Zambia National Team Benefit:
In 2011, Zambia benefited from a similar situation when the Football Association of Zambia successfully protested against Nigeria’s use of an ineligible player.
In each case, the offending parties faced consequences, while innocent parties benefited from the correct application of rules.
In fact, it appears that in the event that the courts declare the former President ineligible, the only reason why the Patriotic Front may not be punished by being sanctioned from participating in the next election or by docking of the massive 1.8 Million votes which they received in the last election is purely on the basis that the real gate keepers in this matter remain the courts themselves, and the Electoral Commision of Zambia who declared the candidate as eligible. This proves that only the courts can make a determination over such an important matter
As we await the Constitutional Court’s judgment, therefore, it is important to remember that justice can not reward the offender and at the same time, punish, the innocent party.
It must be made very clear that the only two outcomes likely to come out of this Judgement are either :
A. The Constitutional Court will uphold its earlier Position and therefore rule that Former President Edgar Chagwa Lungu was eligible to run for Office in 2021 based on the fact that his first term in office did not constitute a full term, and also declare him so for the election in 2026, or:
B. They may depart from their earlier position and stand on other relevant provisions of the law that deal directly with eligibility for Presidential Office and declare that he was not eligible to run for office then, and that he is not eligible to run for office in 2026, having served and held office twice already.
There will be NO cancelation of the 2021 election results, there will be NO fresh elections to be called within 90 days, and there will be NO handover of power back to ECL in either of these two outcomes. This is a narrative crafted by propagandists whose aim is to create anxiety and possible anarchy in the nation if the courts decide to rule against their preferred outcome.
The judgment is scheduled to be delivered on December 10, 2024, and will be broadcast live on ZNBC and other independent broadcasters. I would like to urge all Zambians to wait patiently for the competent courts to make their determination, and to respect the Court Judgement regardless of whether they choose to uphold their earlier position or to depart from it. That is what the rule of law entails.
I thank you.
Not this guy again. Please
The man who mixed the church up with politics is now adding soccer to the mix. Are we making an Honourable Indian Curry
Sekwila is a Simuuwe clone. He should leave legal commentary to big boys like Professor Baron Ndulo. The late Professor Hansungule ,MHRIP,would have reasoned independently and advised Chizombe appropriately.
As for the impending presidential by-election, you will not replace the running mate.
Well and very simple explanation by Nevers Mumba.
Thanks Dr N.S. Mumba
No mouse on the ballot please, just because at trail you stood in the same Dock with a criminal doesn’t make you too.
Well spoken Dr Mumba. Let the sulking be attended to by the sulking until and after 10th Dec 2024.
Kikikikikikikiki… Bola,church na ma politics umuntu umo?
Dr S.N.Mumba, correct.These shameless characters are careless and don’t mean well.They need to be studied and observed carefully.People must not sleep.They come in different forms with fake narratives.Stop them quickly before they become destructive because they may.They are dangerous, pretty dangerous mark my words.They have regrouped and want to cause harm with lies and misinformation and fake narratives like they are in a dream.
The fact about ECL is:-
1. He served the office of President twice
2. Sworn in twice
3. Held office of the President twice
These fact are not fabricated BUT happened. PF keep on twisting the facts, it can’t work.
Lungu is not eligible…. chapwa!
Therefore he can’t stand in 2026.
Forward with HH7 paka 20 sate 1.
Mushanina bwali has realised that his meal token is at stake, and is busy panicking.
Vote wisely in 2026.
We’re not using a FIFA constitution to determine the outcome of this case.
Whatever the case will be, am sure both the amended and new constitutions will be used.
The law is not applied in retrogration. If defilement was 6 years before 2020 and say it is increased to 15 years. A person who committed this crime in 2019 would still serve 6 years in jail. We’re not going to increase his sentence when the law is changed. Similarly, Lungu himself was sworn in with the old constitution and then he amended it for personal benefits. The fact remains that he’s served 2 terms according to the old constitution chapwa naya Gloria
Edgar lungu not eligible to stand go through old constitution and New constitution we don’t need ndulo or hasungule to explain self explanatory constitution, hopefully you have head monze mazabuka magoye.
Mu PF ‘ Lungu ngatalipo bonse ba PF ni ba Ngwele’ this means that among themselves no one is credible to lead and thats the end of Tonse alliance.
One day to go now waiting for the next day.