Eligibility Case Update; Concourt hearing, for the third time, Lungu’s eligibility case- Amb. Emmanuel Mwamba


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(Edgar Lungu) was not eligible to contest a presidential election under the current Constitution as read with the now repealed 1991 Constitution (as amended).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.


  1. The membership of the constitutional court that allowed Lungu to appear on the ballot box in 2021 were handsomely rewarded. Otherwise we all know that there is no provision for servibg a partial term.

    The real question is what does Lungu bring to the table that Zambia so desperately needs. That question has been competently answered by looking at recent properties forfeited to the state by the Lungu family. Over 100 million kwach worth of stolen property. Give this mafia family a second chance and they will steal the whole country.

    In the event that Lungu is allowed to appear on the ballot box, we will do a Dundumwezi part fili. The country has already moved on away from the misleadership of Lungu and PeeEfu. We are not short of competent leaders for us to go back to that which we vomited.

  2. Dr. Kenneth Buchizya David Kaunda was barred to stand for election in 1996 by your former boss Mr. Fredrick Titus Jacob Chiluba and KK did not continue fighting for his return to active politics.

    You should not forget what John Sangwa SC labourer to explain but a fallen like satan Dan pule took to the Constitution court a phrased eligibility case to the court but don’t forget the John Sangwa point which was paramount, of one who has been sawn twice as president to not qualify for standing for President of Zambia again. You can now base on this clause before bringing in the other riding clauses, you will find that this one of sawn in I troductory to it, if your Lungu qualified to stand as president again? forget about the 2021 election because he terribly lost but this one, your Lungu was sawn in, in 2015 and in 2016 unless you say the 2016 was not counted since he was not sawn in by the late Chief Justice MHSRIP because of what transpired, when your Lungu refused to hand over to the Speaker of the National Assembly as per constitution when the presidential elections had been petitioned and the court of law which is a serious case as per law established in the Republic of Zambia.

    Additionally, it is not wrong for the constitutional court to revisit it’s own ruling if, especially on this case the one who took this very case to court was helped to rephrase the question to some extent to suite the answer or ruling because the ruling was not fully based on the two questions that Dan p. Took to the court he was helped how to put in the question that changed from the one he took there and the one that came to take presidence hence thereof, that your ruling that you cherish very much. I hope when this issue is being taken on again, the initial questions that were changed can be brought on the floor of the competent house of law interpretation as in its original form.

    We thank God for HIS mercy and grace. God will bring to account those wrong doers as recorded in the books and the book of of life and and this will be final.

    Otherwise, there’s no harm on the last and first of the land to relook on the case if one of the citizens feel it was not satisfactory to him or her because even in other mature democratic countries it happens take for example the USA. It has happened what about here.

    You are even trying to run low the ZNBC interview what about your podcasts that your are bending people to speak always what you want no wonder Laura Mitti disappointed you by speaking her mind. A strong lady who always speaks the truth not needing anything to suit her pocket like some of you.

    Try to do the right thing my brother not doing wrong for the right just to suit you it doesn’t work like that learn to be principled.

    Look at your friend nakacinda a grown up person but because of being like Judas Iscariot looked like a mad person by keeping shurge hair until he was told by ECL to have his hair cut now just think of such a grown up person, a married person and at times called A Pastor I hear so. Just because of silver and wool he became like such and intact even now. Very Sorry Indeed-.

  3. Ba mwamba, do you remember the case of Ministers over staying and how the very govt went back to the same constitutional court? This has been done before……run with it. Please also comment on USD24m. Why are you choosing partisan issues to comment on but issues that affect Zambians not?

  4. Ba Mwamba, we all know that Mr. Lungu’s third term bid was illegal. He was handed his third term bid by the constitutional court after he publicly threatened them.

    Thank God we showed him the door as voters inspite of his vigorous attempts to remain in power.

    Revisiting the constitutional court judgement is therfore in order. The ruling was a traversity of justice meant to serve one man, Mr. Lungu.

  5. You idiot Mwamba why are you selective in your reports? We’re waiting for you to say something about the money you were looting to the tune of $24m. You chaps have no hearts for the masses.

  6. Emmanuel Mwamba does not know what he’s talking about. When a court of law is properly petitioned, it has to listen to the arguments on both sides and then decide whether to dismiss the petition or change its mind. Normally courts want to go with precedents set but they also change their minds if there are enough compelling grounds for doing so. Many legal minds have argued that Edgar Lungu was not eligible to contest the 2021 presidential election but these legal minds are not courts.


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