The Constitutional Court has delivered a historical judgment in the country’s political landscape of the former President Edgar Lungu’s eligibility case following a petition that challenged his eligibility to run in the 2021 General election and any future elections.
Constitutional Court Deputy president, Arnold Shilimi, who delivered a two hours long judgment on behalf of Constitutional Court president Margret Munalula, ruled that the former President is not eligible to stand or participate in 2026 or any future elections having sworn in twice according to the 2016 amended constitution.
During the judgment which was witnessed by seven out of the eight Constitutional Court Judges, Justice Shilimi explained that the Presidential elections which ran from January 25, 2015 to September 13 2016 constituted a term of office.
He said the election which ran from September 13th 2016 to August 2021, constituted a second term noting that Mr Lungu has been twice elected and twice held office.
“First respondent Mr Edgar Changwa Lungu has therefore, twice been elected and has twice held office Article 106, 3 of the Constitution makes the first respondent ineligible to participate in future elections as Presidential candidate,” he stressed.
The judgment stems from a petition by youth activist Michelo Chizombe, who was calling on the court to rule on whether Mr Lungu was eligible to contest both the 2021 general election and future Presidential elections after being sworn into the office of President twice.
Chizombe urged the Court to declare that Mr Lungu’s participation in the previous election was unconstitutional.
He also cited the Electoral Commission of Zambia (ECZ) and the Attorney General as respondents in the matter indicating that Mr Lungu contravened the constitution when he participated in the August 12, 2021 general elections.
However, the former President filed a motion for a determination of four questions of law arising from the matter.
Mr Lungu wanted the Court to determine whether a fresh action brought before Court is Res judicata (already decided upon) when the Court had previously pronounced itself three times on the same matter in the case of Dan Pule and others Bampi Kapalasa and Joseph Busenga and the Legal Resources Foundation Limited and two others.
But Justice Shilima explained that the court will not hesitate to depart from previous decisions that were deemed to be incorrect for the interest of justice.
Attorney General, Mulilo Kabesha, has welcomed the judgment describing it as any indication that Zambia has competent courts which gives hope to the Zambian people that they can decide and determine in a professional manner.
Mr Kabesha also praised the court for relooking at previous decision which were made by itself but did not cite or take in to account of important laws before arriving at a decision
“The court looked at the previous decision which was made by itself and it has not cited or important laws were not taken into account when the court arrived at its decision this is what the court has come to terms with, it has decided to vacate its previous decisions it made,” he stated.
Petitioner’s Lawyer Michael Moono, has thanked the Constitution court for providing guidance on the matter and putting the interest of the country first.
Mr Moono added that his client will accept the judgment as lawyers and the judges are the ones that have the knowledge to interpret the constitution for the benefit of the people.
He further explained that the court had done a good service to the nation, by citing the various previous judgments which others had set a bad precedent which would have affected the country’s governance system.
