Lungu eligibility poser … as PF applies for time to replace lawyers

By CHINTU MALAMBO THE Constitutional Court case to determine the eligibility of President Edgar Lungu to contest the 2021 elections has been put on ice as the Patriotic Front (PF) applied and got an adjournment to allow the party replace its lawyers who have withdrawn.

PF Secretary General Davis Mwila yesterday told the Constitutional Court that lawyers representing the party in the matter in which five opposition political party leaders petitioned the Constitutional Court seeking an interpretation on whether President Edgar Lungu is eligible to contest the 2021 elections, had withdrawn and that they needed time to hire new counsel.

The case will come up on January 23, 2018 for continued hearing of preliminary matters.

In the main matter, petitioners include leader of the Christian Democratic Party Dan Pule, Zambia Republican Party leader Wright Musoma, New Congress Party’s pastor Peter Chanda and Robert Mwanza leader of the Citizens Democratic party.

When the matter came up for possible hearing before a full bench of the Constitutional court and headed by Concourt president Hilda Chibomba, Mr Mwila told the court that he was appearing in person as PF lawyers Mweemba Chashi and Company had filed a notice of withdrawal.

“I am appearing in person and am applying for adjournment in that I have parted company with my lawyers Mweemba Chashi and company. We need time to find other lawyers,” Mr Mwila said.

Lawyer representing the Law Association of Zambia State Counsel John Sangwa however objected to the adjournment saying that when the court adjourned in the last sitting it was agreed that the matter was coming up to hear Brigadier General Godfrey Miyanda’s motion.

Mr Sangwa said if the court heard Brig-Gen Miyanda’s motion, it would not prejudice the PF in anyway because the petitioners were going to respond to Gen Miyanda and it would not affect any other party.

But counsel for the petitioners Sakwiba Sikota and Bonaventure Mutale told the court that Mr Mwila was not capable of appearing in person as he was not an individual but the entire PF.

Mr Sikota said it was imperative to allow them to hire lawyers otherwise, the interest of justice would be limited.

Justice Chibomba granted adjournment to January 23 2018.

In her ruling she said the matter had been adjourned several times but in the interest of justice, the PF would be given time to hire new lawyers and that Mr Mwila could not represent the institution in his individual capacity.