By Michael Mwanza
Some MPs within PF may not even vote for Bill 10 because they know the reason behind Bill 10 is all about President ECL defence on eligibility to contest in 2021 elections.
Bill 10 will help PF avoid the question Is President Lungu eligible to contest 2021 elections? YES or NO
PF CAN END UP WITHOUT A PRESIDENTIAL CANDIDATE IN 2021 IF BILL 10 DOESN’T GO THROUGH
The biggest nightmare situation President Edgar Lungu is faced with has to do with his eligibility to contest the 2021 General Elections.
The current constitution allows candidates to file their nominations and then thereafter if there’s anyone that wants to challenge the eligibility of a candidate they can do so in the Constitutional Court before the elections take place.
The PF normally lie to Zambians that the Constitutional Court ruled that President Lungu is eligible, that is not the case. They ruled on a hypothetical.
President Lungu’s situation has never been decided in court. It can only become a legal matter for consideration once he files his nomination in 2021.
It’s inevitable that once President Lungu files his papers, there will be multiple challenges before the court.
It will just hinge on three things ;
Has President Lungu twice been elected President – YES
Has he twice held office as President – YES
Has he twice been sworn in as President – YES
Having met all these criteria, President Lungu is ineligible, and if the Con Court rules that way, President Lungu will be knocked out of the race and the PF will not be allowed to look for a replacement candidate because the deadline for nominations would have already passed.
President Lungu could actually be gone before the actual voting takes place, the Con Court can eliminate him from the ballot in 2021.
This is the immediate nightmare scenario that the PF wants to get rid of with BILL 10.
BILL 10 removed this provision from the constitution that allows people to challenge the eligibility of a candidate before elections take place.
If Bill 10 doesn’t go through, President Edgar Lungu will likely step down and anoint a successor.
He will not run the risk of filing his papers under the current constitution unless if he has a pre-existing secret agreement with a majority of judges on the constitutional court to rule in his favor.