MOHAN IS NOT ELIGIBLE TO CONTEST 2026 GENERAL ELECTIONS
… but would be eligible to contest any election after 20th August, 2026.
By Isaac Mwanza
Mathew Mohan, was released from prison on 20th August, 2021 having been pardoned on the 19th August, 2021 by former President Edgar Chagea Lungu. He now wants to contest in the general election set for 13th August, 2026. Is he eligible fo contest as a Member of Parliament? The answer is NO and here is why:
Article 70. (2)(b) states:
“A person is disqualified from being elected as a Member of Parliament if that person has, in the immediate preceding five years, served a term of imprisonment of at least three years.”
The clause contains 3 requirements:
1. The person must have served a term of imprisonment;
2. The term must be at least three years; and
3. That imprisonment must have been served within the immediate preceding five years.
The purpose of the clause in Article 70 is clearly to impose a five-year cooling-off period after imprisonment.
Issues for Determination
The provision raises three interpretive questions:
What is the meaning of “served a term of imprisonment of at least three years”?
From which date is the “immediate preceding five years” calculated?
Does Mohan fall within the disqualification window?
Principles of Constitutional Interpretation
A court interpreting this clause would likely apply the following principles:
(1) Textual Interpretation
Constitutional language must be given its ordinary grammatical meaning unless this leads to absurdity
There is no dispute that:
1. Mohan was sentenced to life imprisonment;
2. He served well over three years;
3. He was released in August 2021.
From What Date Is the Five Years Calculated?
The phrase says:
“disqualified from being elected…”
This suggests the relevant date is the date of election, not conviction or nomination — unless the Constitution elsewhere provides that qualifications must be satisfied at nomination.
Therefore, the correct constitutional approach is:
The five years runs from the date the person last served imprisonment.
Thus:
If five full years have not elapsed between release and election → disqualified.
If five full years have elapsed → eligible.
FINAL CONCLUSION
At Nomination (May 2026):
Mohan is disqualified, because he served imprisonment within five years preceding nomination.
At Election (13 August 2026):
His eligibility depends on his exact release date in August 2021:
If released before 13 August 2021 → Eligible.
If released on/after 13 August 2021 on 20th August, 2021 → Disqualified.
His a convicted criminal, a pardon does not erase that fact.
Correct.
A pardon is not an acquittal (an official decision in a court of law that a person is not guilty of a crime is an acquittal). In the case of Mohan, he was not acquitted BUT pardoned which is to officially allow somebody who has been found guilty of a crime to leave prison. I stand to be corrected.