HERE IS THE MEAT OF JOHN SANGWA’S PETITION, IF YOU DON’T GET IT, JOIN ME AT 20:00HRS,
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Please my friends in PF, don’t hate me because I don’t hate President Lungu but these are facts for which we should confront. How I wish my friends at State House had not acted irresponsibly by throwing me in jail, I now want to see how they handle this and how they help President Lungu.
HERE IS THE ARGUMENT OF SANGWA
[84) Since no person has ever occupied the office of President in the manner provided for in Article 106(5) of the Constitution since it came into effect on 5th January 2016, Article 106( 6) of the Constitution has equally never been applied. Article 106(6) reads:
(6) If the Vice-President assumes the office of President, in accordance with clause (S)(a), or a person is elected to the office of President as a result of an election held in accordance with clause S(b), the Vice-President or the President-elect
(a) to have served a full term as President if, at the date on which the President assumed office, at le as t three years remain before the date of the next general election ; or
(b) not to have served a term of office as President if, at the date on which the President assumed office, less than three years remain before the date of the next general
election.
[85] Whilst Article 106(3) of the Constitution has a retroactive effect, Article 106(5) and (6) of the Constitution do not. They are effective from 5th January 2016.
[89] By virtue of what is stated in paragraphs 4 to 88 the Petitioner contends that the Respondent:
(a) having been elected, sworn into the office of President on 25th January 2015 and having held the said office until 1 3th September 2016; and
(b) having been elected, sworn into the office of President from 13th September 2016, and having held the said office until the President-elect
RELIEF SOUGHT:
The Respondent has contravened Article 106(3) of the Constitution by filing the nomination paper with the Returning officer, supported by an affidavit stating that the Respondent is qualified for nomination as candidate for President for the election scheduled for 12th August 2021.
(a) a declaration that the Respondent having been elected, sworn into and held the office of President from 25th January 2015 to 13th September 2016, and having been declared winner of the 2016 election, sworn into and having held the office of President from 13th of September 2016, until the next President is elected under the 2021 election is not eligible for nomination for election as President in the election set for 12th of August 2021;
(b) a declaration that to the extent that the Respondent’s nomination for election to the office of President scheduled for 12th August 2021, contravenes Article 106(3) of the Constitution, the said nomination is null and void; and
(c) an Order (of Certiorari) that the nomination paper filed by the Respondent with the Returning Officer and all documents in support of the Respondent’s nomination for election to the office of President in the election of 12th August 2021, be removed forthwith into the Constitutional Court for purposes of quashing.
TAYALI THE PUBLIC LAWYER OF THE PUBLIC COURT OF OPINIONS
