Declaring me ineligible for 2026 elections will affect my political career – Lungu

Declaring me ineligible for 2026 elections will affect my political career – Lungu

FORMER president Edgar Lungu says declaring him ineligible to contest the 2021 and future elections will have significant repercussions on his political career.

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has lamented that, if the Constitutional Court backs out of the earlier pronouncement declaring him eligible to contest the 2021 election, will have significant repercussions on his political career as guaranteed by the constitution.

Lungu believes that declaring him ineligible to contest future elections will be to the advantage of President Hakainde Hichilema, whom he says does does not want to face him in the 2026 general election.

According to a notice for an order for recusal of three Constitutional Court judges, Lungu is seeking a determination on whether Court president Margaret Munalula can sit on the panel to determine his case with a seemingly preferential treatment by President Hichilema.

Lungu says professor Margaret Munalula was reported to the Judicial Complaints Commission together with her three colleagues who have been suspended yet, she has not been temporarily stopped from interpreting the laws of the land.

He further accused justice Munalula of ruling in favor of the President regardless of his opposition for him (Lungu) to contest the next election, without recusing herself or registering on record any interest or perception.

Lungu is seeking a determination on whether ConCourt vice president, judge Arnold Shilimi can determine his case due to his close personal and professional relationship with President Hichilema, raising concerns of bias, especially that the Head of State has interest in the case.

He also alleged that judge Mapani Kawimbe has a familial relationship with the President.

In his affidavit in support of notice of motion for an order for recusal, Lungu said he is terrified with the perceived and potential bias by the trio, who constitute the panel assigned to hear and determine his eligibility case.

“I am aware that the outcome of this matter has significant political consequences on my political path as guaranteed by the constitution of Zambia,” he said.

“The biggest beneficiary of the outcome of this matter if this court reneges on its earlier judgements that declared me eligible to contest the presidential elections, is Mr. Hakainde Hichilema,who has by himself and through his surrogates publicly expressed the desire to have me excluded from participating in the 2026 elections.”

Lungu said  Michelo Chizombe who is questioning his eligibility to contest future elections, has extensively relied on the dissenting opinion of justice Munalula, to move the court to abandon it’s earlier decisions that were granted in his favor.

“Justice Munalula, notwithstanding that she was part of the panel and persons complained against after the ruling of Sept 5, 2016, has neither been suspended nor called before the commission, raising questions as to why she has seemingly been excluded or favoured in the renewed complaint and recommendation of the commission and subsequent suspension of her colegaues by the President,” he said.

“Given these circumstances, there is a reasonable apprehension of bias and partiality if justice Munalula continues to preside over this matter, and her recusal is necessary to preserve the integrity of the proceedings.”

Lungu said it is publicly known that judge Shilimi
previously served as director in African Life Financial Services limited in which President Hichilema has or had an interest through Menel Management Services limited as a shareholder and the said Menel Management Services limited has or had shared business interest with the President in various other entities.

He said the ties and close relationship between the two raise serious concerns that may impact the judge’s ability to impartially adjudicate on his case, given the president’s vested interest in the outcome.

He said the failure by judge Shilimi to declare interest, compounds the perception that he may be inclined to rule in a manner that advances President Hichilema’s interest in ensuring that he is prevented from participating in the 2026 election.

“Justice Kawimbe has a family connection with President Hichilema whose interest is to stop me from participating in the 2026 election. The family tie, whether by consanguinity or affinity is sufficient reason for the judge to recuse herself from hearing and determining this matter, especially that President Hichilema has made it clear that he opposes my candidature in the. 2026 elections,” Lungu claimed.

“The constitution of Zambia, as amended by Act no.2 of 2016, prohibits any judicial officer to presidede over a matter in which they have a personal or indirect interest. The Judicial code of conduct Act no. 13 of 1999 proscribes any Judical officer from presiding over any matter where their impartially could reasonably be questioned.”

Lungu said the continued involvement of the three judges in the case could undermine public confidence in the Judiciary and taint the outcome of the case.

“I believe for these reasons, the three judges ought to recuse themselves from hearing or participating in this case,”said Lungu.

“This application is not a personal affront to this court but it is made in the interest of justice, and it is in the interest of justice and fairness that it should be allowed to protect and entrench fairness, impartiality and judicial independence when hearing this matter as the nub of this court’s mandate.”

In this case Chizombe is questioning Lungu’s eligibility to contest for presidency in future, after having been elected and sworn into office twice.

By Mwaka Ndawa

Kalemba October 1, 2024.