By GRACE CHAILE LESOETSA
STATE Counsel John Sangwa has petitioned the Constitutional Court to declare President Edgar Lungu not eligible to contest the 2021 elections as he has twice been sworn into office.
Mr Sangwa through the Legal Resources Foundation Limited (LRFL) wants the court to declare that Mr Lungu having been elected, sworn into and held the office of President from January 25, 2015 to September 13, 2016, and having been declared winner and sworn into and having held the same office from September 13, 2016 until the next President is elected under the 2021 election is not eligible for nomination for the election as President on August 12.
He also wants the court to declare President Lungu’s nomination null and void as it allegedly contravenes article 106 (3).
He wants the nomination paper filed by Mr Lungu with the Returning Officer and all documents in support of his nomination for election to be quashed.
Mr Sangwa in his petition where he cited President Lungu as the respondent stated that the Head of State has contravened article106 (3) of the Constitution and that the Returning Officer accepted the nomination paper and affidavit on the premises that he met the qualifications specified to contest the Presidency.
The court in its ruling in a matter where former Katuba member of Parliament Bampi Kapalasa and civil activist Joseph Busenga questioned the eligibility of Mr Lungu said re-litigating the same matter which was settled in the Dr Daniel Pule case is an abuse of court process.
“It is therefore inconceivable that the applicants could not comprehend what we stated in clear terms in the Dr Daniel Pule case that the term than spanned a period from 25th January, 2015 to 13th September, 2016 did not constitute a term for the purposes of article 106 (3) as read with article 106 (1) and (6) (b),” said the court.