By Esther Chisola
The Constitutional Court has set December 10, 2024 as date for judgment in a matter where the court is expected rule on whether former president Edgar Lungu was eligible to have contested the 2021 elections and future elections.
This was after a panel of seven Constitutional Court Judges, among them the Court’s President Margaret Munalula and her deputy Arnold Shilimi heard submissions from all parties during the hearing of the main matter.
In this matter, a youth activist, Michelo Chizomne is questioning Lungu’s eligibility to contest the 2021 general election and future elections after being sworn into the office of President twice.
Chizombe has cited Lungu, the Electoral Commission of Zambia and the Attorney General as respondents.
And when the matter came up for hearing, Chizombe through his lawyer Micheal Moono told the court that Lungu violated the Constitution when he contested in the 2021 general elections.
He also told the court that Lungu was not eligible to participate in any future elections.
“The petitioner argues that the first respondent did not qualify to participate in the presidential election held in 2021 and does not qualify to participate in any future elections under the Zambians current Constitution,” he said.
“He has served two full terms and will therefore, be in violation of the constitution if he attempted to seek the third one. It is not in dispute, the first respondent participated and won the presidential election in 2015 which culminated into his first term. At that time, Zambia was governed by the 1991 constitution amended in 1996”.
And Lungu through his lawyers argued that he did not violate the constitution when he contested in the 2021 elections stressing that the very court declared him eligible to stand in the previous judgements of his eligibility.
Bonaventure Mutale, one of Lungu’s lawyers, submitted that the petition was incompetent on grounds that the court had no jurisdiction to entertain it.
Mutale also argued that the law provided for a seven-day time frame to lodge in a challenge of nominations.
“The nomination of Lungu was affected more than 2 years ago. Quite clearly, an attempt to challenge that nomination at this late stage is clearly an abuse of the court process,” submitted Mutale.
Lungu’s other lawyer Makebi Zulu submitted that it was the very court that declared his client eligible and so, there was no reason to back track noting that this matter was already raised.
“This issue before you has already been dealt with. Nothing can be done in a matter that the court has come to its final conclusion. Lungu can’t be harassed every now and then by being brought to court to answer the same thing. This matter has been brought to court three times,” said Zulu.
Meanwhile, Constitutional lawyer John Sangwa SC has decided to excuse himself from being part of the ongoing hearing of the petition challenge after the court refused to give him the opportunity to address the court, saying they would only consider his written submissions.
“You did indicate that you wanted to make submissions, and it is the position of the court that your submissions are very clear and will be taken into court. We shall take into account the submissions you have submitted,” said Justice Shilimi.
And Sangwa later asked to be excused from the proceedings.
“I was under the impression that I will address the court. Since the court has taken that course, may I have the court’s permission to excuse myself from the proceedings?” asked Sangwa.
“You are excused from the proceedings, thank you for your submissions,” ruled Justice Munalula.
Sangwa later left the court.
