LUNGU IS NOT ELIGIBLE FOR 2021, BILL 10 WAS MEANT TO GIVE HIM LEGAL COVER
It’s simple, Lungu is not eligible to stand as president in 2021, he’s served two terms across two constitutional regimes.
He served a full term under the previous constitution where length in office was of no relevance, and he’s served a second term under the current constitution.
The hypothetical case that was interpreted by the Constitutional Court was of no relevance to Lungu, the circumstances in that case don’t apply to Lungu.
That case was a hypothetical referring to someone who was a vice president under the current constitution or someone finishing off another person’s term under the current constitution.
Lungu was never a vice president finishing off another president’s term, neither was he first elected under the new constitution.
Lungu was first elected under the old constitution where even one day in office counted as a full term.
He’s therefore been elected to the office of president twice, in 2015 and in 2016, he served his first term under the old constitution which counted as a full term under the old constitution in which he was first elected and he has served his second term starting 2016.
He’s also been sworn in twice, in 2015 and 2016.
And at no time was Lungu finishing off another president’s term under the current constitution , he was elected in his own right in 2015 and was sworn in as president.
This is the reason why the PF planted that clause in Bill 10 to prevent anyone from petitioning an ineligible candidate after filing in nominations. They wanted Lungu to proceed without any challenges. But with Bill 10 dead, it’s 100% guaranteed that there will be court challenges against Lungu.
So it’s technically possible that the PF will go without a presidential candidate in 2021 if the Con Court disqualifies Lungu after the deadline for nominations. -NDC