Eligibility Case Update;Concourt hearing, for the third time, Lungu’s eligibility case
By Amb. Emmanuel Mwamba
It started like a ridiculous joke since this matter has been dealt with comprehensively in the past, by the Constitutional Court.
This was until ZNBC began to give the case undue coverage and inserting regular interviews from Justice Minister, Mulambo Haimbe.
It became clear that a serious political project was in the air to probably bar former President, Edgar Lungu’s future presidential prospect using the very supposedly sacred institution that gave him the nod, twice, to contest the Presidency.
A Lusaka resident Michelo Chizombe has petitioned the Constitutional Court to revisit its earlier rulings and declarations that Zambia’s Sixth President was eligible to contest the 2021 elections.
Michelo contended that the Electoral Commission of Zambia (ECZ) contravened the Republican constitution when it accepted Edgar Lungu’s nomination papers and included him on the ballot.
He further sought a declaration that the respondent (Edgar Lungu) was not eligible to contest a presidential election under the current Constitution as read with the now repealed 1991 Constitution (as amended).
Attorney-General, Mulilo Kabesha, supported the Petition and also contended that article 106 of Act no. 2 of 2016 Constitution did not have retrospective effect.
Kabesha stated that Article 106(3) was a Constitutional prohibition and limitation clause , therefore, it also prevailed over the substance of article 106 (6), to the extent that its provisions conflict with article 106(3).
He therefore urged the Constitutional Court to set aside its earlier judgements which declared the ex-President eligible to contest future elections having reportedly served twice in office.
The Constitutional Court is a court of first and last stance instance on matters of the constitution hence calling it to revisit its previous decisions, has been viewed as a clear attempt to bring the court into mockery and its integrity may lie in tatters portraying it as a court that yields to State House and Executive pressure.
In December 2018, the full bench of the Court declared that President Lungu was eligible to contest the forthcoming 2021 presidential election.
The Constitutional Court also ruled that Lungu did not serve full term between 2015 and 2016, a move that made him eligible to contest the 2021 polls.
Again in 2021,the Constitutional Court dismissed yet another petition questioning Lungu’s eligibility by UPND Katuba Member of Parliament Bampi Kapalasa and UPND Member Joseph Busenga, on the grounds that the matter was already determined in the Dan Pule case earlier decided in 2018.
The matter comes up on Thursday, 17th April 2024 before the full bench of the Court.
Edgar Lungu’s lawyers have raised a preliminary issue arguing that the matter is “res judicata” meaning that a matter that has been adjudicated upon by a competent court may therefore not be pursued any further by the same parties.