Set aside Lungu’s answer for not responding to my petition – Chizombe

Set aside Lungu’s answer for not responding to my petition – Chizombe

YOUTH activist Michelo Chizombe has asked the Constitutional Court to strike out Edgar Lungu’s answer to his petition as it does not address the issues raised in regards to his qualification to contest the 2021 general election and future elections.

He said the purported answer by the former Head of State respondent does not comply with Order 4 Rule 4 of the Constitutional Court rules and must be set aside.

In an affidavit in support of summons to set strike out Lungu’s answer pursuant to Order 9 Rule 20 and Order 4 Rule 4 of the Constitutional Court rules of 2016, Chizombe said Lungu’s answer does not respond to the petition.

He said the respondent is responding to paragraphs containing in the skeleton arguments and not the petition.

“This purported answer by Lungu will certainly lead to embarrassment of these proceedings and an absurdity because the Petitioner has to defend its petition against the answer,” Chizombe said.

“In the current circumstances, there is no answer by Lungu that joins issue with the petition.”

He prayed that the Court grants him an order setting aside Lungu’s purported answer for non compliance and the same should be expunged from the record.

In this case Chizombe is questioning Lungu’s eligibility to contest in the 2021 general election and future elections after being sworn into the office of President twice.

He wants the Court to declare that Lungu’s participation in the previous election was unconstitutional.

By Mwaka Ndawa

Kalemba