Lungu’s ‘third’ term debate resumes in Court

Lungu’s ‘third’ term debate resumes in Court

YOUTH activist Michelo Chizombe has taken issue with former president Edgar Lungu’s qualification to contest in the 2021 general elections and future presidential elections after assuming the office of president twice.

Chizombe who has filed a petition in the constitutional court questioning Lungu’s third bid to participate in elections wants the Court to declare that Lungu’s participation in the previous election was unconstitutional.

He wants the Court to pronounce that Lungu is not eligible to contest a presidential election under the current constitution as read with the now repealed 1991 Constitution (as amended).

The youth activist who has initiated the proceedings as a concerned citizen has cited Lungu, the Electoral Commission of Zambia and the Attorney General as respondents in the matter.

In his petition Chizombe argues that Lungu’s nomination and participation in the 2021 presidential election was against the provisions of the law.

“Your petitioner states that Lungu is not eligible to contest any future presidential elections under the current 2016 Amendment Constitution on reasons that he was twice elected in office,” he said.

The petitioner stated that Article 106, in its entirety, does not apply to Lungu’s term of office which ran from January 25, 2015 to September 13, 2016 as the said term of office was deliberately and intentionally excluded from Article 106 by Section 7(1) a transitional provision found in the Constitution of Zambia Act no.1 of 2016 which tied it to the repealed Article 35 of the Constitution as amended in 1996.

Chizombe said the application of Article 106 to the second term in office does not do away with the first term nor change its status in any way.

He stated that in as much as Lungu claimed to have inherited late President Micheal Sata’s term and served for a period of one year-seven months the same constituted a full term pursuant to Article 35 of the repealed constitution.

“The 2016 amendments could only apply to his second term and these amendments certainly did not invalidate the first term he had already served,” Chizombe argued.

He indicated that Lungu contravened the constitution when he participated in the August 12, 2021 general elections.

Chizombe further stated that the electoral body contravened the constitution when it accepted Lungu’s nomination and allowed him to be on the ballot paper for the 2021 presidential elections which enabled him to participate.

He wants the Court to declare that it was illegal for ECZ to include Lungu on the ballot.

Chizombe is seeking a combined interpretation of Sections 7 of Act no.1 of 2016 and Section 2 of the same Act.

He also wants the Court to declare that the entire Article 106 of the Constitution (Amendment) Act no. 2 of 2016 did not apply to Lungu’s first presidential term.

Chizombe is further seeking a declaration that Lungu is not eligible to seek presidential office for a third term.

By Mwaka Ndawa

Kalemba