By Dickson Jere
We are back debating the debate – I mean whether President Edgar Lungu is eligible to stand in 2021. This debate was hot in 2017 and culminated into a protracted court case in the Constitutional Court (Concourt), which eventually settled the matter. So I am not sure where the current debate is coming from especially that the ruling Patriotic Front (PF) is also “debating the debate” when in fact the party was the 2nd Respondent in the matter that was in Concourt.
To simplify the issue – a President of Zambia can only serve two-terms. So to count the two terms, one has to address his mind to the period in which President Edgar Lungu served between 2015 and 2016 when President Michael Sata died. Before the 2016 Constitutional Amendments, a term of office of the President was not defined in the Constitution. So in 2016 “a term of office” was defined as three-years and above (although the opponents argue that that provision was inserted for the Vice President who is running mate). So the question was whether the rule of President Edgar Lungu between 2015 to 2016 can be considered a “term of office” given the definition in the amended Constitution. That was the question which the Concourt was asked to determine. The unanimous position of the Court (Full Bench) stated thus; “….the presidential term of office that ran from 25th January, 2015 to 13th September, 2016 and straddled two constitutional regimes cannot be considered as a full term”. Full stop!
Since 2015 to 2016 was not a “term of office”, it follows therefore that it cannot count for President Lungu. You may not agree with this interpretation of the Concourt but unfortunately it is law for the time being – Judge Made Law – as we call it. So PF should not be engaging in this debate but rather provide copies of the Judgment to whosoever is challenging its possible candidate. PF was party to this case and so was LAZ and the UPND who joined as interested parties. We may not agree with the outcome but we have to live with it. That is reality of our judicial set-up especially the Concourt which has both original and final jurisdiction in such matters. There is no right of appeal! The door was closed.