Constitutional Court Judges

By staff reporter

LUSAKA resident Joseph Busenga has petitioned the Constitutional Court for an interpretation on wether a person who has been sworn into office twice as President can be elected for the third term.

Busenga, who has cited the Attorney General in the matter, is seeking an interpretation of Articles 106 and 70 of the constitution of Zambia (Amendment) Act no.2 of 2016

The petitioner wants the court to pronounce itself on wether or not a person who is serving a suspended sentence is disqualified from being elected as member of parliament in line with Article 70(2)(f) of the constitution.

He wants a determination on whether or not a person that has been sworn into office more than once and has exercised the functions of the office of President of Zambia may be deemed to have “twice held office” within the context in which the expression has been used in Article 206(3) of the constitution regardless of the period the person served in office.

Busenga wants an interpretation on whether or not it was the intention of the drafters of the constitution that a person who has held the office of President twice may be elected to hold office for a third term.

“Whether having regard to the judgement of the Constitutional Court in the case of Dr Daniel Pule and three others vs the Attorney General 2017/ccz/004 selected judgement no.60 of 2018, a person that has held a term of office that cannot be considered a full term without the meaning ascribed to that expression in the said judgement must, conversely be deemed not to have held office as President during such a term,” read the petition.

“Whether or not the exercise of the functions of the office of the President by such person would therefore be rendered null and void by operation of the law in view of the principle that the law cannot be applied selectively for one purpose and not another.”

Busenga is further seeking a determination on whether or not the provisions of Article 106(3) and Article 106 (6)(b) are in conflict with one another and which two Article should take precedence over the other having regard the intention of the legislature when enacting the constitution.

He is also seeking clarity on whether or not the provisions of Article 206(6)(b) should be struck out for being in conflict with the expressed will of Zambia not to allow any person to hold office as President or be elected for the said position twice.

He is represented by Mulambo Haimbe of Messrs Malambo and Company.


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