Edgar Lungu Cannot Automatically Reclaim PF Presidency Unless Through A Convention As His Resignation Passed 30 Days Legal Ultimatum

FORMER PRESIDENT EDGAR CHAGWA LUNGU CANNOT AUTOMATICALLY RECLAIM PF PRESIDENCY UNLESS THROUGH A CONVENTION AS HIS RESIGNATION PASSED 30 DAYS LEGAL ULTIMATUM

Legal implications ahead of Edgar Chagwa Lungu (ECL)’s move to return to active politics

Section 2 of SI 592 of 2023 of 9th May, 2023 directed all political parties to replace all its leaders who are no longer holding the elective positions within 30 days; *” that where an elected office bearer resigns, dies or is removed from office for whatever reasons, the Registrar shall ensure that the society holds elections for the appointment of the new office bearer within (30) thirty days from the insuance of the directive”

Based on this directive Miles Sampa quickly organized a convention to replace ECL and thereafter submitted the evidence of the exercise to the Registrar of Societies backed up with the High Court summons. Regarding the legality of the convention that is a million question to answer based on the Precedence that was set in 2014 by electing ECL without casting a vote but merely raising a fist ✊

Zeroing on the former ruling party as the biggest opposition party in the country;

Q1. Did ECL resign as the Party President of PF?
The answer is YES , through the letter he wrote to the Secretary to Cabinet in August, 2021

Q2. Is there evidence to show ECL really resigned from PF?*
The answer is YES ; Cabinet upon receiving the letter of resignation from ECL started giving ECL his retirement benefits. The vivid evidence is the house ECL has been living in Ibex since August, 2021 being rented by government. For ECL to have accepted to live in a government rented house in Ibex is evidence enough that he agrees that he really resigned.

Another, evidence the PF themselves as a Party invited for whoever was interested to replace ECL to come forward apply and pay K200, 000 nomination fees of which more than 10 applicants did.

Q3. Is ECL still PF President?
The answer is categorically NO , as his acceptance to be given government services of a retired head of state are there for everyone to see.

Therefore, legally if one resigns from his post has about 30 days to rescind his decision and that once the 30 days elapse you cannot claim your seat and that will be an illegality.

Furthermore, the Patriotic Front Constitution does not have a provision for rescinding a resignation and even if it had such a provision, any law that is in conflict with the Constitution is Null and Void.

It must be noted that the Constitution Court already gave a ruling regarding rescinding resignation which further cripples ECL move to come to active politics especially wanting to be automatically takeover PF Presidency. So the only way ECL can takeover PF Presidency is by holding another convention, otherwise his resignation is absolete and time bound.