Concourt reserves judgement in Lungu’s eligibility case

THE Constitutional Court, (Concourt) has reserved judgement in a case in which four opposition political party leaders have petitioned the court to interpret whether President Lungu is eligible to contest the 2021 Presidential election.

This is in a case in which Danny Pule of Christian Democratic Party, Zambia Republican Party leader, Wright Musoma, Peter Chanda of the New Congress Party and Citizen Democratic Party leader, Robert Mwanza petitioned the Concourt over President Lungu's tenure of office.

When the matter came up for final hearing, one of the applicants’ lawyer, Chewe Bwalya, argued that the submission made by Law Association of Zambia (LAZ) lawyer, John Sangwa that there was nothing to interpret in Article 106 is misleading as the article does not expressly provide for how President Lungu's alleged inherited term is to be treated.

Mr Bwalya said a full term should be five years.

He said the matter seeks to interrogate whether the initial term of President Lungu that cut across two constitutional dispensation can be taken into account.

Another lawyer, Dickson Jere said if the drafter of the constitution wanted to exclude President Lungu, they should have put clear provisions, the way they did in 1991 and 1996 to deal with then president Kenneth Kaunda.

“If parliament meant to exclude President Lungu, they ought to have done so with clear provisions,” Mr Jere observed.

And on the issue of whether the applicants had a standing in the matter, lawyer Milingo Lungu argued that the matter was brought in public interest and that the public had the right to know whether President Lungu was eligible to stand.

“The public has an overriding interest in the matter. We submit that the applicants have demonstrated their standing in the matter as citizens and it is important that the public is enlightened,” Mr Lungu said.

Mr Lungu further argued that the question of whether President Lungu's first term should be counted as a full term should be answered in the negative and the question of whether he is eligible to contest the 2021 election be answered in the affirmative.

The judges that sat to hear the matter were court president Hilda Chibomba, Mungeni Mulenga, Palan Mulonda, Margaret Munalula, Enock Mulembe, Annie Sitali and Martin Musaluke.