STATEMENT ON THE  6TH REPUBLICAN PRESIDENT DR EDGAR CHAGWA LUNGU ELIGIBILITY CASE

STATEMENT ON THE  6TH REPUBLICAN PRESIDENT DR EDGAR CHAGWA LUNGU ELIGIBILITY CASE

Monday, 2nd December 2024

As the  Advocates For National Development And Democracy, we believe we speak on behalf of many Zambians who find themselves grappling with profound concern and anticipation in the lead-up to the Constitutional Court’s impending ruling on whether former President Edgar Lungu was eligible to stand in the 2021 presidential election and as to whether he is eligible to stand in the 2026 Presidential election. This decision has the potential to cause far-reaching implications for the stability, integrity, and future of Zambia’s democracy. Zambia is currently at a crossroads, and this decision will either reaffirm our commitment to democratic principles or reveal the precarious state of our judicial independence and democratic accountability.

The judiciary, as the bedrock of democracy, holds a unique responsibility to remain unbiased, transparent, and independent in its rulings. Any deviation from these values can pose a severe threat to the principles of justice and equality upon which our nation is founded. Democracy in Zambia relies on the credibility of its institutions, and the judiciary is one of the most critical. As the last court of appeal, the Constitutional Court bears the weight of public trust. A ruling that appears politically influenced or inconsistent has the potential to undermine the court’s legitimacy, making citizens question whether the judiciary serves the people or is subject to manipulation by the political elite.

The upcoming decision raises several key concerns:

1. The Legitimacy of the 2021 Elections: Should the court rule that Edgar Lungu was indeed ineligible to stand in the 2021 elections, this would raise serious questions about the legitimacy of the current government. The implications are profound. The ruling would suggest that the 2021 elections, a process by which Zambia’s citizens exercise their fundamental democratic right, were tainted by illegitimacy from the start. This scenario could plunge Zambia into a constitutional crisis, forcing us to reexamine not only the legality of the current administration but also the broader electoral system that allowed such a scenario to unfold.

2. Judicial Credibility and Consistency: If the Constitutional Court now determines that former President Lungu was ineligible to contest in the 2021 elections, despite ruling conclusively on the matter multiple times, it raises troubling questions about the court’s consistency and reliability. Citizens expect the judiciary to be guided by the rule of law and legal precedents rather than political influence. A reversal of earlier decisions would compromise the trust that the Zambian people have in the court and create doubt about the objectivity of future rulings. This lack of faith in our judicial system would erode the foundation of our democracy, as the rule of law would appear subject to change at the convenience of those in power.

The Role of the Judiciary in Safeguarding Democracy

In a democratic society, the judiciary is not merely a branch of government but a cornerstone that upholds citizens’ rights and freedoms. The rule of law and the impartiality of the judiciary are essential for ensuring that leaders remain accountable to the people. Without a strong and independent judiciary, there can be no true democracy, as citizens lose their recourse to justice when the powerful act against public interest.

A compromised judiciary is a gateway to authoritarianism. If the courts are influenced by political pressure or threats, the interests of a select few may come to outweigh the collective needs of the citizenry. This environment breeds fear, as citizens become apprehensive about speaking out, and opposition voices are systematically silenced. Ultimately, a compromised judiciary leads to a compromised democracy where power consolidates in the hands of a few, silencing any challenge or critique.

Our Call for Judicial Independence

As ANDD, we call upon the Constitutional Court to approach this case with utmost integrity, independence, and fidelity to the principles of justice. This decision provides an opportunity for the court to reassure Zambians that it remains a pillar of democratic values. We urge the judiciary to rise above any undue influence or political persuasion, focusing solely on the facts and the law. The judiciary has an essential role in preserving our democratic values, ensuring that Zambia remains a country where rights are protected, and governance is accountable to the people.

In conclusion, the future of Zambia’s democracy hinges on this ruling. We stand with all Zambians in their hopes for a transparent, just decision that upholds the rule of law and restores confidence in our judicial institutions. The world is watching, and Zambians are watching. We urge the Constitutional Court to protect our democracy and prove its commitment to an independent judiciary that serves the people, not political interests.

Samuel Banda
Executive Director
Advocates For National Development Democracy

We are a civil society organization dedicated to defending Democracy, Promoting social economic development and human rights.