Students Union leaders petitions Concourt on eligibility clause

ZAMBIA National Students Union (ZANASU) president Joseph Busenga has petitioned the Constitutional Court to clearly interpret Article 106 on whether a person who has twice held the office of Republican President may be elected for a third term.

Mr Busenga also wants the court to clearly interpret Article 70 (2) (F) on whether a person who is serving a suspended sentence is disqualified from being elected as a Member of Parliament.

Mr Busenga who filed his petition citing the Attorney General as the respondent yesterday wants the ConCourt to clearly state what is meant by the expression “A person who has held office as President” within the context in which it is used in Article 106 (3) of the constitution of Zambia as amended by the Constitution.

“Whether, having regard to the judgement of the

Constitutional Court in the case of Dr. Daniel Pule and 3 others vs attorney General -2017 /CCZ/004, selected judgement no. 60 of 2018, a person that has held a term of office that cannot be considered a full term within the meaning ascribed to that expression in the said judgement must, conversely be deemed not to have held office as President during such term,” the petition reads. “Ancillary to the question at paragraph 1.4 above, whether or not the exercise of the functions of the office of the President by such person would therefore be rendered null and void by operation of the law in view of the principle that the law cannot be applied selectively for one purpose and not another,” he stated. He wants the court to state whether the provisions of Article 106 (6) (b) should be struck down for being in conflict with the people’s will to disallow any person to hold office as President or be elected as such more than twice.