ELIGIBILITY DEBATE

THE renewed debate on whether President Edgar Lungu is eligible to stand in next year’s presidential elections is uncalled for.

This is because those arguing against his eligibility are using the same points that the Constitutional Court trashed.

They claim that President Lungu is serving his second term of office – something the ConCourt put to rest, but detractors do not want to accept.

Constitutional lawyer John Sangwa, who represented the petitioners in the eligibility case has continued to argue that President Lungu does not qualify to contest next year’s elections.

Mr Sangwa continues to base his arguments on what he presented or said in the ConCourt, which did not agree with him. On what basis has he continued his argument?

Patriotic Front Parliamentary Chief Whip Brian Mundubile has dismissed as mischievous, misleading and misplaced remarks by Mr Sangwa that President Lungu was not eligible to contest the 2021 presidential elections.

Mr Mundubilie said the people who had petitioned over the eligibility matter, wanting to know whether President Lungu had served more than one term had gotten a ruling from the court over what constitutes a term of office, which dealt with the matter decisively, stating that the President was indeed eligible to stand in 2021 because he had served only one term.

The bone of contention has been how to interpret President Lungu’s tenure of office after the death of his predecessor, Michael Sata leading to the 2016 elections.

Said the ConCourt: “It therefore, follows that in the current case, the term served which sits astride the pre and post 2016 constitutional amendments and having looked at the intention of the Legislature as we have done, and the holistic approach we have taken in interpreting Article 106 of the Constitution in its entirety, our answer to the question that we have rephrased is that the Presidential term of office that ran from 25th January, 2015 to 13th September, 2016 and straddled two constitutional regimes cannot be considered as a full term.

“As regards the second question posed in the amended originating Summons, which is whether the incumbent President is eligible for election as president in the 2021 presidential election, our view is that, in light of the position that we have taken as regards the first question posed in the amended Originating Summons, the second question has become otiose and we shall not consider it.”

It is quite clear that President Lungu merely completed President Sata’s first term, and began his proper first term after the 2016 elections, making him eligible to stand for the 2021 elections.

But because of the polarised nature of the country’s politics people have taken partisan positions instead of interpreting what the ConCourt stated.

We however applaud that there is debate over President Lungu’s eligibility which is good for democracy. But let this not degenerate into physical confrontations for sanity must prevail at all times.

Even those threatening to go back to the courts must be given a hearing with a full realisation that theirs would be an exercise in futility.