Presidential eligibility of Edgar Lungu

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Edgar Lungu during the 2021 election campaigns. Edgar Lungu 2021 (cropped).jpg
Edgar Lungu during the 2021 election campaigns.

Edgar Lungu's eligibility to run in the 2026 Elections remains a contentious and ongoing legal issue. [1] Lungu, who served as the sixth President of Zambia from January 2015 to August 2021, assumed office following the death of President Michael Sata. After winning the 2015 presidential election and being re-elected in 2016, he was defeated by Hakainde Hichilema in the 2021 general election. The controversy centers on whether his partial term from 2015 should count towards the two-term limit stipulated by the Zambian Constitution. [2]

Contents

In 2021, a Lusaka businessman Michelo Chizombe filed a petition challenging Lungu's eligibility to run for a third term in the 2021 General Election and beyond. [3] [4] The petition sought clarity on whether Lungu could contest again, arguing that the constitutional limits should prevent his re-election. [5] [6] The Constitutional Court ruled that it had jurisdiction over the matter and allowed the petition to proceed to a full hearing. Lungu argued against the court's jurisdiction, but the court maintained that the issues raised warranted a thorough examination. The Constitutional Court ultimately declared that Lungu was eligible to stand again as President in the 2026 elections. The decision was based on legal grounds, affirming his right to participate in political activities and seek re-election. [7]

Court Proceedings

The Constitutional Court of Zambia allowed Chizombe's petition to proceed to a full trial, dismissing Lungu's preliminary objection. [8] Lungu has argued that his first term, which he "inherited" from the late President Michael Sata, should not count towards the term limit. He asserts that the term limit should apply only to full terms that he was elected to serve. However, the court determined that this matter warrants a comprehensive hearing to resolve the dispute. It will take a full trial to determine if former Zambian president Edgar Lungu is eligible to stand again, that country's Constitutional Court has decided. Lungu hopes to be on the 2026 presidential ballot again, and had hoped to achieve that without more, protracted legal action. But the merits of the case must be heard, the Constitutional Court said. That will now see youth activist Chizombe make his argument that Lungu has reached the term limit, and so cannot stand again. Lungu of the Patriotic Front (PF) was Zambia's president between January 2015 and August 2021 until he lost to incumbent Hakainde Hichilema of the United Party for National Development (UPND). Lungu has been actively working towards regaining control of the PF, which could give him a good shot at the presidency. Chizombe, however, says the nature of Lungu's previous time in office precludes him. Lungu became president after the death of Michael Sata, in October 2014. That left Vice-President Guy Scott the acting president, and saw Lungu serve for only 20 months after he was sworn in on 25 January 2015. Chizombe argued in court papers that period counts as a term in office, since Lungu was elected and sworn in. If so, Lungu's second term ran from 2016 to 2021 – and he has hit Zambia's term limit. Lungu argues he "inherited" a presidential term from Sata and that it should not count. Well ahead of the 2021 elections, political parties such as the Christian Democratic Party led by Daniel Pule, Zambia Republican Party of Wright Musoma, Peter Chanda's New Congress Party and Robert Mwanza's Citizens Democratic Party petitioned the Constitutional Court to allow Lungu to stand in 2021. [9] Part of their argument was that Lungu is referred to as the "sixth" Zambian president, while Scott is not counted. Having heard both sides of the argument on Tuesday, the Constitutional Court resolved that the matter should go to full trial. "The matter is sent back to the single judge to schedule the petition for hearing. Each party will bear their own costs," the 11-member Constitutional Court Bench declared. [10]

Current Status

The Constitutional Court has permitted a new petition challenging former President Edgar Lungu's election eligibility to proceed to a full hearing. The Court dismissed Lungu's preliminary objection, which sought to quash the petition. Lungu argued that the Constitutional Court lacked jurisdiction over the matter, citing a previous ruling in the case of Danny Pule and Bampi Kapalasa versus the Attorney General prior to the 2021 General Election. However, the Court ruled that under order 14 clause “A” of the Supreme Court rules, the petition raised issues that warranted a full hearing and determination. The petition, filed by Lusaka businessman Michelo Chizombe, seeks the Court's determination on Lungu's eligibility to contest the 2021 General Election and his eligibility for future elections. Chizombe contended that his case differed from the Pule and Kapalasa cases and argued that Lungu is ineligible to run in future elections as he has already held office twice. The ruling on the preliminary issues was delivered by Judge Mudford Mwanyisa, with Judges Palan Mulonda and Martin Musaluke. The hearing was before the full bench of the Constitutional Court, including Court President Margaret Munalula, Deputy Arnold Shilimbe, and Judges Annie Sitali, Mugeni Mulenga, Mathews Chisunka, Judy Mulongoti, Kenneth Mulife, and Maria Kawimbe. [11] While some support his right to run for a third term, others raise concerns about democratic principles and the spirit of term limits. [12]

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References

  1. ↑ Ndebele, Lenin. "Zambia's former president Edgar Lungu faces a full trial to get on the 2026 ballot". News24. Retrieved 2024-07-22.
  2. ↑ Phiri, Christopher (2019-10-02). "Limitation of presidential terms in Zambia: annotating the judicial interpretation". Commonwealth Law Bulletin. 45 (4): 752–772. doi:10.1080/03050718.2020.1744459. ISSN   0305-0718.
  3. ↑ Michelo Chizombe v Edgar Chagwa Lungu and Ors (2023/CCZ/0021) [2024] ZMCC 14 (9 July 2024). 2024-07-09.
  4. ↑ "Lungu asks court to dismiss petition challenging his eligibility for future elections". Zambia: News Diggers!. 2024-06-15. Retrieved 2024-07-22.
  5. ↑ "Why Zambia's highest court found President Edgar Lungu eligible to serve another term - AfricanLII". africanlii.org. Retrieved 2024-07-22.
  6. ↑ "Zambian court throws out second challenge to Lungu re-election bid". Reuters . June 11, 2021. Retrieved July 22, 2024.
  7. ↑ "Lungu insists on eligibility – Zambia Daily Mail News Website" . Retrieved 2024-07-22.
  8. ↑ "Just In: Constitutional Court says ex-President Lungu's eligibility for election should proceed to trial (video) | Zambia Monitor". 2024-07-09. Retrieved 2024-07-22.
  9. ↑ "Edgar Lungu, Zambia's third term controversy, and the 2021 elections | Democracy in Africa". 2021-05-06. Retrieved 2024-07-22.
  10. ↑ says, Victor Kanyense (2021-06-09). "Sangwa arguments in the Constitutional Court against Edgar Lungu's eligibility". Zambia: News Diggers!. Retrieved 2024-07-22.
  11. ↑ "Zambia : Constitutional Court Allows New Petition Against Former President Edgar Lungu's Election Eligibility". 2024-07-10. Retrieved 2024-07-22.
  12. ↑ zamobserver (2024-07-09). "FORMER PRESIDENT EDGAR CHAGWA LUNGU'S ELIGIBILITY CASE TO BE HEARD BY A SINGLE CHARGE | The Zambian Observer" . Retrieved 2024-07-22.
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