KALUSA SEEKS CLARITY ON THE LEGITIMACY OF LUNGU’S SECOND TERM
ANOTHER legal action has been instituted challenging the legitimacy of Edgar Lungu’s second term in office as President after his election victory was challenged in 2016.
Nkulukusa Teddy Kalusa, a Lusaka resident says Lungu and his running mate Inonge Wina illegally assumed their roles as President and Vice as they were not sworn in to office by the Chief Justice or the deputy chief justice.
Kalusa has filed originating summons in the Constitutional Court seeking a determination on whether Lungu and Wina were duly and legally sworn in office in line with Article 105 (1) of the Constitution of Zambia.
He wants the ConCourt to pronounce itself on whether Lungu was legally in office during the presidential petition in 2016 in line with Aticle 104 (3) of the constitution of Zambia.
Kalusa has cited the Attorney General as the respondent in the matter.
In his affidavit in support of originating summons Kalusa said after Lungu’s election was petitioned in the Constitutional Court, the latter failed to hand over power to the speaker of the National Assembly and remained in office until his inauguration.
“The continued hold of office by the former president Edgar Lungu was in conflict of Article 104 (3),” he said.
“The former president continued performing the presidential functions.”
Kalusa said according to the Constitution the President of Zambia ought be sworn in by the chief Justice or in the absence of the chief Justice the deputy chief justice contrary to what happened in the case of Lungu and Wina on September 13, 2016 during their swearing in ceremony.
He said the inauguration of Lungu and Wina was in violation of Article 105(1) of the Constitution as their swearing in was not administered by the Chief Justice the late Irene Mambilima nor her Deputy Micheal Musonda.
“On September 13, 2016, the former president Edgar Chagwa Lungu and Ms Inonge Wina were not duly sworn into office as there were not sworn in by the Chief Justice or the Deputy Chief Justice of the Republic of Zambia,” Kalusa stated.
“The speaker of the National Assembly should have been the one presiding over the affairs of the nation during the presidential petition.”
Kalusa said the legitimacy of Lungu and Wina’s tenure of office is being questioned as they were not sworn in by the chief justice or the deputy chief justice of Zambia.
He stated that Lungu was illegally in office during the presidential petition.
“I believe that the former president Edgar Lungu and Ms Inonge Wina were illegally in office for the full term they presided over the affairs of the nation without being sworn in by the Chief Justice or the Deputy Chief Justice,” Said Kalusa.
“I seek as citizen of this Country and on behalf of the Zambian people the Court’s authoritative interpretation of the matter so as to remove any ambiguity or uncertainty on the issue.”
By Mwaka Ndawa
Kalemba
Lungu and Wina carried out a bloodless coup d’etat in 2016.
Lungu’s immunity should be stripped so he is prosecuted for treason.
There we go again!! 2 years left, still settling old scores! When are you going to start Ballyfixing the economy?
You mean we should just close our eyes and not question the wrongs things that were done just because of the economy? In any case who said that the economy is not receiving the attention from the government ?
And for sure. This was one of coup d’etat Mr Lungu did. He knew what he did?? There’s a lot of things behind the carpet.!!!
Why didn’t Irene Mambilima swear this Guy?? She didn’t want to be part of the illegality….!!
Poncho reaped the constitution at will. Power corrupts unfortunately and and we’re seeing the same thing repeating itself with UPND.
A case of chickens coming home to roost. Mr. Lungu talks about respecting the constitution when he had absolutely no regard for the same.
He is the epitome of hypocrisy.
And over not being anointed by the Chief Justice or even a deputy it’s a SERIOUS THING WHICH THIS MAN REALLY COMMITTED.Ireen Mambilima was a nonsense Woman. EVEN HOW SHE DIED in Egypt no one knows. ….
I was willing to petition too over this incidence. ALOT of evil happened. The REASON CHILUFYA TAYALI can’t talk about this….!!
Mr Lungu will be shocked to learn that HE IS A MOVING SKELETON . Everything evil he did is in the hands of HH. He has the State secrets as we talk.
Its this kind of statement that makes process and institutions fail to work.
The law is what prescribes who should swear the President elect why do we want to belittle and circumvent the law? Zambia is a mess cause of it Anderson. Lets respect it & the insitutions
The best Edgar can do is keep quite, smoke the peace pipe with the cowboy and he continues enjoying his drink and women.
Lungu might be arrested for this action of breaching the constitution.
The same lawyer he calls himself mismatched the ministers of his time to be in office when he knew quietly that it’s against the constitution to allow those people continue in leadership even when they were asked to pay back the money, it was subbotage and Lungu was supposed to be arrested meaning he never gave out the instrument of power to the Speaker of the National Assembly – that is again treason case
Uko, Fili uko tuleya. Lungu might be arrested. In his time with his so called lawless lawyers, he denied HH to be heard with the petition when in the same avenue, he brocke the constitution of sworing in by the Chief or deputy chief justice, what a sham.
Abena Mundubile please start reading more of your defence by breaching the constitution otherwise bonse kukakwa.
So that he does not win the 2026 elections, smart move by the Hapolice and Hacourts!!!!
Hakainde desperately trying to avoid the corruption he has enabled to brew in his regime.
These are all fake stories, and will only rebound against these conmen in power.
Utter rubbish these tribalist conmen.
Vote wisely in 2026.
Ba Indigo which fake stories? You are not aware that Mr. Lungu was not sworn in by the Chief Justice or the deputy and that both were at the swearing in ceremony (if I recall correctly)?
Ba Indigo, let us be objective in our criticism. A wrong is a wrong regardless of the perpetrator and Mr. Lungu clearly breached the constitution on a number of occassions.
How is HH going to avoid the corruption in his regime by coming up with this story? If the constitution or the law is not enforced, then it serves no purpose.
The reason there are laws is to maintain order and fairness (justice) in society.
JMC again!!!.
so in short ecl did not swear in two times as a president,meaning he is elligible to stand in 2026 elections as opposed to the stories from upnd camps that lungu sweared two times and that he is not eligible for fulture elections.I think the upnd guys are confused and are also confusing us with the eligibilit of ecl.From one side the upnd are saying that ecl sweard in as a president for two times while on the other side of the upnd they are saying that ecl did not swear in 2016 for second time,so which is which now.so if lungu did not swear in as a president by the chief or deputy chief justicy it means that he is elegible for fulture elections. i think upnd just fear edger lungu so they want to block him by all means from standing in 2026.ec is giving upnd sleepless nights for sure.
Indeed voice of the poor… Sworn in twice.. No, actually not sworn in twice…he breached the constitution, he conducted a coup d’etat..A coup d’etat against whom mwebantu? Against him self.
Or the speaker was to act as President during petition. So the coup d’etat was against the speaker ! Was the petition heard? No. it was filed after expiry of stipulated time. So Where does the speaker come in?
Reconciliation between Edgar Lungu and HH? Edgar Lungu should apologize to HH. For what mwebantu? For the Presidential Motorcade blocking Hakainde’s motorcade??
kikikiki. Am thinking of going on a sabbatical. You can’t discuss anything with Tribal Dunderheads.
You are right,and you are a voter. Spread your findings,UPND is a confused cattle ranch company!!!
ecl appeared on the balot papers in 2016 and his results and winning were anounced by the ecz,he did not commit treason only dull people can say so.
You are the one who is dull?? Who KILLED Irene Mambilima?? When you give me an answer I will believe in you a political novice. There’s a lot behind the carpet.
hh has lost direction he does’t know how to fix
upnd is too corrupt
upnd has failed even sear 1 is now against hh
hh ku eire in 2026 too much lies
hh ku wire in 2026 too much lies
the guys from the upnd camps are bringing fake stories just to divet peopls’s attentian from following news of big corruption of upnd crooks and criminals who abducted jj banda
hh please start fixing time is running,we are waiting for mealie me of k50 as you promised us during compaign
we are waiting for mealie meal of k50
chamulemena chibudu mwana ,hh has failed
Underpant or sorry Anderson, u are too dull boy if u know who killed irreen mambilima why not reporting that person to the police for mude?,show you evidence.
Underpant or sorry Anderson ,u are too dull boy,if u know who killed irreen mambilima why not reporting that person to the police for muder or just showing your evidence rather than making noise and showing your highest level of your dullness boy,empty tins makes noise
My friend LUNGU MADE HISTORY IN ZAMBIA to be the ONLY president NEVER sworn by a CHIEF JUSTICE. It will be nasty for DARK THINGS LUNGU did under the tutorage of KAISER ZULU. Alot things ba Voice of the Poor.
Wina azalila. And for your own info. LUNGU will be quiet for the coming MONTHS. The whole of August, September, October You won’t hear Lungu talk.
It’s a serious thing..
He didn’t hand over power to the speaker when petition of elections of 2016 was on contrary to the prescription of the constitution of Zambia because he wanted to be in power to make sure the petition did not succeed.And the petition didn’t succeed.UPND and HH were not heard they said they were late.It was alleged that the lawyers spent more time on raising preriminary issues and the14 days hearing period expired.The other 2 days fell on week end that is Saturday and Sunday and it was said the judiciary doesn’t work on weekends.But after HH and GBM submitted their strong arguments in court late before midnight it was agreed that they would be heard on Monday and Tuesday.The PF cadres spent nights on high court grounds with cooler boxes full of beer and they drunk the beers like no man’s businesses.Threatened any body who would want to reach the high court.Just to launch the petition was another challenge bacause the PF cadres didn’t want that to happen.It took the clever HH to send young lawyers who were not smartly dressed to pass through the corridors to reach the registry and present the petition to beat the 7 days allowable days for petitioning.If the petition went through, the gross malpractice done by the PF government in that election of 2016 was going to be exposed.The implication would be that the election of Mr ECL was to be nalified.The provisions of the constitution of Zambia is that the one who caused the nalification of elections is not allowed to participate in the re run of the election.Meaning UPND and FDD were to compete in the re run.I presume the Chief Justice did not exercise the swearing in ceremony for fear of implications in the near future.The swearing was done by the senior registrar of the high court and the Chief Justice was by the side watching.Even her presence was like some one forced to attend unwillingly.The PF had their own ways of doing things and could justify wrongs without remorse.Therefore in a normal circumstance PF and it’s leader ECL were supposed to be banned from participating in any election in the country Zambia for gross misconduct.We need to respect our laws.
Muleta you have nailed it. Especially that phrases.@Voice of Poor. Please read this by Muleta and you will get some sense.
ALOT of dark skeleton in Lungu administration. HE MADE HISTORY BY BEING the only president NOT TO BE SWORN in by CHIEF JUSTICE. And Chief just was there JUST WATCHING.
Alot under the carpet!!
Kaizer Zulu the Mastermind