By Daily Revelation Editor
The Law Association of Zambia (LAZ) says the decision by the Constitutional Court to declare former president Edgar Lungu ineligible to contest any future election as he was elected twice and held office twice, marked a departure from the same court’s earlier ruling, specifically in the cases of Daniel Pule and Others vs. Attorney General and Others, Bampi Aubrey Kapalasa and Another vs. The Attorney General and Legal Resources Foundation vs. Edgar Lungu and the Attorney General.
LAZ, while urging the public to respect the decision of the court, expressed concern about the potential risks of fluctuating decisions of the apex court, which can invariably undermine public confidence in the judiciary.
It seems judgments on ‘exceptional cases’ in this country will now be made based on the interests of those in power, particularly the overriding interests of State House. We are of the firm view that Lungu himself participated in the 2021 general elections owing to the power of incumbency. However, despite that being the case, many were of the view that jurisprudence was established and that the matter would not be re-litigated again by the same apex court which determined it earlier. Of course, the coming of President Hakainde Hichilema’s administration into office nullified all that, with many arguing that they used the power of incumbency, not really to rewrite the wrong that had been committed, but to bar an opponent they considered a threat to their hold on power.
Many can draw inference to the many happenings that took place prior to the start of these hearings, barely 48 hours before the start of the hearings, to firm up their own judgments, that this was no ordinary case as it had a lot of special interests for an intended objective. For instance, while we do not wish to absolve the three judges that were suspended as we believe they must be made accountable for the alleged wrongdoing they engaged in previously, we, however, question the decision to suspend them barely 48 hours before the start of the hearings in Lungu eligibility. Was it just mere coincidence or was the same part of a well-planned scheme to rid the court of people who were viewed as hindrances to the grand scheme of things?
In delivering their judgment yesterday, their own ruling that the apex court could review its own earlier decisions in exceptional cases, which ‘exceptional cases’ only they know and can determine, has opened a pandora’s box that will be used by many to confront the courts in future. Already, Lungu has given instructions to his lawyers to file a motion challenging the court’s own decision using their own argument that they can review their own past decisions. Even if the chances of that petition may stand the slimmest chance of making it, it should not be discounted that another set of judges operating under another executive may actually review that decision, including the other cases that may be deemed ‘exceptional’ at that particular time. This is what today’s judgement has actually done.
As for Lungu, while we support his right to fight this through, he can surely expend his energies wisely. Actually, rather than holding on to the PF presidency, he should have allowed his party to quickly find a successor immediately he lost his presidency in 2021, rather than holding on to the position so that he could come back in and fill it up. It can be argued that the delay to hold a convention in the PF opened up the doorway for ‘vultures’ to use their full force to attempt to destroy the largest opposition party in the country. It can also be argued that the petition against his eligibility would not have happened without him continuing to seek the Republican presidency. Although not to blame, those who were resolved to stop his ambitions at all cost have further weakened jurisprudence in this country.
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By Daily Revelation Editor
The Law Association of Zambia (LAZ) says the decision by the Constitutional Court to declare former president Edgar Lungu ineligible to contest any future election as he was elected twice and held office twice, marked a departure from the same court’s earlier ruling, specifically in the cases of Daniel Pule and Others vs. Attorney General and Others, Bampi Aubrey Kapalasa and Another vs. The Attorney General and Legal Resources Foundation vs. Edgar Lungu and the Attorney General.
LAZ, while urging the public to respect the decision of the court, expressed concern about the potential risks of fluctuating decisions of the apex court, which can invariably undermine public confidence in the judiciary.
It seems judgments on ‘exceptional cases’ in this country will now be made based on the interests of those in power, particularly the overriding interests of State House. We are of the firm view that Lungu himself participated in the 2021 general elections owing to the power of incumbency. However, despite that being the case, many were of the view that jurisprudence was established and that the matter would not be re-litigated again by the same apex court which determined it earlier. Of course, the coming of President Hakainde Hichilema’s administration into office nullified all that, with many arguing that they used the power of incumbency, not really to rewrite the wrong that had been committed, but to bar an opponent they considered a threat to their hold on power.
Many can draw inference to the many happenings that took place prior to the start of these hearings, barely 48 hours before the start of the hearings, to firm up their own judgments, that this was no ordinary case as it had a lot of special interests for an intended objective. For instance, while we do not wish to absolve the three judges that were suspended as we believe they must be made accountable for the alleged wrongdoing they engaged in previously, we, however, question the decision to suspend them barely 48 hours before the start of the hearings in Lungu eligibility. Was it just mere coincidence or was the same part of a well-planned scheme to rid the court of people who were viewed as hindrances to the grand scheme of things?
In delivering their judgment yesterday, their own ruling that the apex court could review its own earlier decisions in exceptional cases, which ‘exceptional cases’ only they know and can determine, has opened a pandora’s box that will be used by many to confront the courts in future. Already, Lungu has given instructions to his lawyers to file a motion challenging the court’s own decision using their own argument that they can review their own past decisions. Even if the chances of that petition may stand the slimmest chance of making it, it should not be discounted that another set of judges operating under another executive may actually review that decision, including the other cases that may be deemed ‘exceptional’ at that particular time. This is what today’s judgement has actually done.
As for Lungu, while we support his right to fight this through, he can surely expend his energies wisely. Actually, rather than holding on to the PF presidency, he should have allowed his party to quickly find a successor immediately he lost his presidency in 2021, rather than holding on to the position so that he could come back in and fill it up. It can be argued that the delay to hold a convention in the PF opened up the doorway for ‘vultures’ to use their full force to attempt to destroy the largest opposition party in the country. It can also be argued that the petition against his eligibility would not have happened without him continuing to seek the Republican presidency. Although not to blame, those who were resolved to stop his ambitions at all cost have further weakened jurisprudence in this country.
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