Zambia’s Constitutional Court Refuses to Dismiss Lungu Eligibility Case, Sending it to Full Trial
In a detailed ruling signed by Constitutional Court Judge P. Munalula and Judges Shilimi, Sitali, Mulonda, Mulenga, Musaluke, Chisunka, Mulongoti, Mwandenga, Kawimbe and Mulife, Zambia’s Constitutional Court has refused to dismiss a petition challenging former President Edgar Lungu’s eligibility to contest the 2021 elections, instead sending the matter to a full trial. This decision marks a significant development in the long-running legal battle over Lungu’s political future.
The petition, filed by Michelo Chizombe, sought to challenge the constitutionality of Lungu’s candidacy, arguing that he had already served two terms as president and was therefore ineligible to run again. However, Lungu’s legal team had filed a notice of motion, seeking to have the case dismissed on the grounds of res judicata, abuse of court process, and lack of jurisdiction.
In its ruling, the Constitutional Court panel dismissed Lungu’s notice of motion, stating that the issues raised were highly contested and more suited for determination at a full trial rather than through the summary procedure under Order 14A of the Rules of the Supreme Court.
“Given the contending positions taken by the parties in this case, both in the main matter and the notice of motion, our view is that while this Court has power to determine a matter on a point of law in an appropriate case, pursuant to Order 14A of the White Book, the issues raised in the petition are not suitable for determination on a point of law under the procedure set out in that Order,” the court stated.
The court further noted that the issues raised in the petition must be allowed to be addressed on the merits at trial, and ordered the matter to be sent back to a single judge to schedule the hearing of the petition.
The decision has ignited a new round of political drama in Zambia, as the country braces for a potentially high-stakes legal battle that could have far-reaching consequences for the country’s political landscape.
9th July, 2024