By GRACE CHAILE LESOETSA
A Chibombo businessman Charles Longwe has asked the Constitutional Court to nullify the candidature of President Edgar Lungu for the 2021 elections as he has twice held office.
Mr Longwe has also applied to be joined as a fourth petitioner to the matter where State Counsel John Sangwa through the Legal Resources Foundation Limited (LRF), Political analyst Dr Sishuwa Sishuwa and Chapter One Foundation have challenged the eligibility of Mr Lungu’s nomination as PF Presidential candidate for the August 12, 2021 elections.
Mr Longwe stated that Mr Lungu by filling his papers before Returning Officer in a Presidential election is in contravention of article 106 (6) of the Constitution as amended in 2016.
He therefore wants the court to nullify the Returning Officers’ validation of the purported nomination papers of President Lungu’s candidature or the court to make such necessary orders it seems incidental to the disqualification of the Head of State as a candidate.
Mr Sangwa, Dr Sishuwa and Chapter One want 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.
They also want the court to declare President Lungu’s nomination null and void as it contravenes article 106 (3).
He wants the nomination paper filled by Mr Lungu with the Returning Officer and all documents in support of his nomination for election to be quashed.
The Head of State and the Attorney General Likando Kalaluka are cited as first and second respondents in the matter.
Meanwhile, Mr Kalaluka has been joined as a 17th respondent in the matter where Dr Sishuwa wants the 16 running mates which include Professor Nkandu Luo and Mutale Nalumango nomination nullified.
The petitioner stated that article 100 of the Constitution, demands that Running Mates to Presidential Candidates should also have 100 registered voters as supporters presented per Province.
Article 110(2) reads: “The qualifications and disqualifications applying to a presidential candidate apply to the person selected by the Presidential candidate to be the running mate.”
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