UNDERSTANDING THE CONSTITUTIONAL RIGHTS OF ZAMBIAN CITIZENS IN MICHELO CHIZOMBE’S CRITICISM ON EDGAR LUNGU’S ELIGIBILITY CASE

UNDERSTANDING THE CONSTITUTIONAL RIGHTS OF ZAMBIAN CITIZENS IN MICHELO CHIZOMBE’S CRITICISM ON EDGAR LUNGU’S ELIGIBILITY CASE

BY : Tobbius Hamunkoyo   13/07/2024

In Zambia, every citizen or resident has the constitutional right to initiate legal proceedings before any reasonable tribunal or competent court of law. No one can stop or blame you for this. This right is protected by the Zambian Constitution, ensuring that individuals can seek justice without being questioned or suspected regarding their associations or opinions.

Article 18(1) of the Zambian Constitution states as I quote: (If any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law).

Michelo Chizombe has taken the matter of of the former President Edgar Lungu’s eligibility case to the Constitutional Court of Zambia. Edgar Lungu applied to have the matter dismissed, arguing it had already been determined. However, on July 9, 2024, the Constitutional Court dismissed Edgar Lungu’s application and allowed the case to proceed. It is Michelo Chizombe’s right to have his case heard and determined.

Further, Article 20(1)further provides, as I quote:  (Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, that is to say, freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to impart and communicate ideas and information without interference, whether the communication be to the public generally or to any person or class of persons)

These provisions guarantee that everyone in Zambia can access the legal system freely and without fear of retribution for their associations or opinions.

Given these constitutional protections, Michelo Chizombe , like any other citizen, should not be criticized for exercising his right to engage in legal processes. Criticizing Chizombe for asserting his constitutional rights undermines the principles of justice and fairness that the Zambian Constitution upholds.

In a Zambian democratic society, the legal system is a pillar of justice, and accessing it freely is a fundamental right. When individuals are discouraged or criticized for using this right, it threatens the integrity of the judicial process and the rule of law.

All citizens and residents of Zambia should recognize and respect the constitutional rights that allow each person to seek justice and express their opinions freely. Michelo Chizombe’s actions are protected by the Constitution, and he should not face criticism for exercising his legitimate rights. Upholding these principles ensures that Zambia remains a just and fair society for all.