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ELIGIBILITY PETITION IS ABUSE OF COURT PROCESS, SAYS ATTORNEY GENERAL

By GRACE CHAILE LESOETSA

ATTORNEY General Likando Kalaluka has asked the Constitutional Court to dismiss the petitions by Dr Sishuwa Sishuwa and others challenging the eligibility of President Edgar Lungu for the 2021 elections as they are an abuse of court process on account that the matter has already being adjudicated upon.

Mr Kalaluka contended that the ConCourt has power to terminate matters that would otherwise turn out to be an abuse of the process of court.

This is a matter where political analyst Dr Sishuwa Sishuwa, Legal Resources Foundation (LRF) Limited and Chapter One Foundation in a consolidated petition want to declare President Lungu’s candidature for the August 12, 2021 elections null and void because he has allegedly  twice held office.

Mr Lungu and Mr Kalaluka are first and second respondents in the case.

Mr Kalaluka argued that it is an abuse of court process to re-litigate an issue that a court of competent jurisdiction has already heard and adjudicated upon in the case of Dr Daniel Pule and others –selected judgement no.60 of 2018 which declared President Lungu eligible..

He also stated that the court again declared President Lungu eligible in the recent judgement of former Katuba Member of Parliament Bampi Kapalasa and Joseph Busenga vs the Attorney General.

“From the above authorities, it is the second respondent’s submission that the preliminary issue raised should be upheld. Further, that the petitions should be dismissed with costs,” he submitted.

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