Sangwa withdraws case, but...
STATE Counsel John Sangwa has discontinued the matter in which he petitioned the Constitutional Court to declare President Edgar Lungu not eligible to contest the 2021 elections as he has twice been sworn into office.
Mr Sangwa has also discontinued the matter where he petitioned the Concourt to quash the nominations of 12 running mate candidates.
He filed the two petitions last week through the Legal Resources Foundation Limited (LRFL).
“Take notice that the petitioner hereby wholly discontinues this petition against the respondent ,” read the notice filed yesterday.
Mr Sangwa wanted the court to declare that Mr Lungu having been elected, sworn into and held the office of President from January 25, 2015 to September 13, 2016, and having been declared winner and sworn into and having held the same office from September 13, 2016 until the next President is elected under the 2021 election is not eligible for nomination for the election as President on August 12.
He also wanted the court to declare President Lungu’s nomination null and void as it allegedly contravened article 106 (3).
He wanted the nomination paper filed by Mr Lungu with the Returning Officer and all documents in support of his nomination for election to be quashed.
Mr Sangwa in his petition where he cited President Lungu as the respondent stated that the Head of State has contravened article106 (3) of the Constitution and that the Returning Officer accepted the nomination paper and affidavit on the premises that he met the qualifications specified to contest the Presidency.
In the other matter, Mr Sangwa was seeking a declaration that the 12 candidates had allegedly not complied with the provisions of article 100 (1) and (j) of the Constitution to pay nomination fees and provide 100 supporters from each province.
He wanted an order (of certiorari) that the petition be allowed and the 12 nomination papers filed with the Returning Officer be removed forthwith into the ConCourt for purposes of quashing.
Mr Sangwa cited Professor Luo of the Patriotic Front (PF), Ms Nalumango for United Party for National Development (UPND), Dr Cosmas Musumali for Socialist Party, Ms Judith Kabemba (Democratic Party), Mr Bright Chomba ( Third Liberation Movement), Mr Henry Muleya (Patriots for Economic Progress), Mr Samuel Kasanka (New Heritage Party), Mr Changala Siame (Economic Freedom Fighters), Ms Rosemary Chivumba (Zambia United for Sustainable Development), Mr Kaela Kamweneshe (Leadership Movement), and Mr Kasote Singogo (Party of National Unity and Progress) as respondents in the matter.
He stated that the respondents did not pay the nomination fees and did not comply with the provisions of 100 supporters from each province as required by the law when filing their nominations.
Meanwhile, politicalL analyst Sishuwa Sishuwa and Chapter One Foundation Limited have asked the Constitutional Court to allow them to serve court documents on President Edgar Lungu through an advertisement in the newspaper.
This is a matter where Mr Sishuwa and Chapter One have petitioned the eligibility of President Lungu for the 2021 elections
The petitioners cited Mr Lungu as the respondent in the matter.
They want the court to nullify President Lungu’s nomination for election as President in the forthcoming elections on grounds that he has already served as President for two terms.
Mr Sishuwa and Chapter One want a declaration that President Lungu’s nomination for election to the office of President in this year’s election contravenes Article 106(3) of the constitution and the said nomination is null and void.
However, the petitioners are yet to serve the documents on President Lungu.
In an affidavit in support of notice for substituted service, the petitioners lawyer Mandela Nkunika of Messrs Simeza, Sangwa and Associates asked for substitute service of the said petition and affidavit verifying facts be made by an advertisement in the media (newspaper) to make the matter known to President Lungu.
He stated that sometime in September of 2018, he tried to serve documents to President Lungu at State House, but he was denied entry and was told to serve the documents at PF party secretariat.