Tue, 09 May 2017 13:11:58 +0000
By Chikumbi Katebe
ATTORNEY general’s office says President Edgar Lungu is eligible for the 2021 presidential election because the constitution allows him.
Principal State Advocate Frederick Imasiku says this in his affidavit in response to calls for the Court to dismiss the petition filed by four opposition parties’ presidents on the eligibility of President Lungu in the 2021 elections.
Heritage Party president Godfrey Miyanda’s submitted that the petitioners who included Daniel Pule of Christian Democratic Party, Wright Musoma of the Zambia Republican Party, Peter Chand of New Congress Party and Robert Mwanza of Citizens Democratic Party did not have locus standi to petition court over the eligibility of another party’s presidential candidate when in fact they too were potential presidential hopefuls.
General Miyanda argued that the matter was res judicata and an abuse of court process when President Lungu had already served the maximum two terms in office following the 20th January, 2015 presidential election and the 11th August 2016 general election respectively.
He explained that the matter was wrongly before court as the elections returning officer was duly mandated to declare candidates for an election.
But Mr Imasiku has submitted that according to the constitution, President Lungu stands eligible as he only served a combined time of 18 months in office, against the over three (3) years as required by law. “During the first segment as President under the Constitution His Excellency Mr Edgar Lungu had only served for a period of one (1) year when the Amended Constitution came to into force.
“During the second segment, and under the Amended Constitution, the President served a period of six(6) months from 5th January 2916 to 11th August, 2016.
“That the amended constitution provides that a term of less than three (3) years does not amount to a full term of office,” Mr Imasiku explained.
The four opposition political party presidents have petitioned the Constitutional Court for an interpretation of the law as to whether President Edgar Lungu was eligible to re-contest in the 2021 general elections.
Earlier, the Attorney General sought the interpretation from the Court on Article 106(5) (9) in relation to other constitutional provisions which he said must be addressed by a purposive interpretation to determine the eligibility clause.
The matter comes up today before Justice Professor Margaret Munalula in the Constitutional Court.
