IF ECL IS NOT ELIGIBLE, THEN THERE’S NO 7th PRESIDENT
If the petition is entertained and the original ruling reversed, it could lead to substantial legal and political ramifications and would impact on the legality and legitimacy of the incumbent, Hakainde Hichilema.
Emmanuel Chilekwa
26 September, 2024
Key Considerations
Finality of Constitutional Court Judgments:
The Constitutional Court of Zambia is the highest court in matters of constitutional interpretation, and its decisions are generally considered final and binding. According to Article 128(4) of the Zambian Constitution, the decisions of the Constitutional Court are final.
Revisiting Judgments:
Typically, courts of final appeal do not revisit their own decisions unless under exceptional circumstances, such as a significant procedural error or new evidence that fundamentally alters the case. The principle of res judicata (a matter already judged) applies to prevent repeated litigation on the same issue.
Legal Grounds for Challenge:
For a petitioner to successfully challenge the Constitutional Court’s ruling, they would need to provide compelling reasons, such as a manifest error in law or facts that were not considered. This is a high threshold to meet.
Consequences and Implications
Potential Outcomes:
If the Constitutional Court entertains the petition and reverses its previous decision, it could invalidate the former president’s eligibility retroactively. This could have significant implications for the LEGALITY of the 2021 election and any subsequent actions taken by the former president.
If the Court upholds its previous ruling, the matter would be conclusively settled, reaffirming the legitimacy of the former president’s eligibility.
Impact on the Incumbent President:
Should the Court reverse its decision, questions may arise regarding the legitimacy of the incumbent president who took office following the contested election. This could lead to legal and political challenges, potentially destabilizing the current administration.
However, if the Court’s decision stands, the incumbent president’s position remains secure, and the challenge is dismissed as unfounded.
Legal and Political Stability
The Zambian legal system emphasizes the finality and authority of the Constitutional Court in constitutional matters to ensure legal certainty and stability. Revisiting settled issues can undermine this stability unless absolutely necessary due to clear and compelling reasons. The court will likely weigh the potential consequences for political stability and the rule of law when deciding whether to entertain the new petition.
Conclusion
The Constitutional Court’s previous ruling on the former president’s eligibility stands as the authoritative interpretation unless successfully challenged under exceptional circumstances. The court’s decision on whether to revisit the matter will significantly impact the legal and political landscape in Zambia. If the petition is dismissed, the incumbent president’s legitimacy remains unchallenged. If the petition is entertained and the original ruling reversed, it could lead to substantial legal and political ramifications.
This is childish, as if you are talking to children, this one is a fable story.Dont bring riddles here.What law are you using or the common sense? How can the incumbent President be affected by the reversal if it happens that way? This is just a dream and possibly way of misleading the masses.At what stage and how can such a decision of reversal effect withdrawal of presidency on an incumbent when they were not running mates but competitors.A competitor who had inadequacies and lost can cause a problem to incumbent when exposed later? It doesn’t make sense at all.Those are fake tales of the stone age time.
Correct of the same view daydreaming is free