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ATTORNEY GENERAL ASK CONCOURT TO DISMISS ELIGIBILITY CASE

By GRACE CHAILE LESOETSA

ATTORNEY General Likando Kalaluka has urged the Constitutional Court to dismiss the Petition by Legal Resources Foundation, Chapter One Foundation and Sishuwa Sishuwa challenging the nomination of President Edgar Lungu with costs.

And Smart Eagles reports that the Constitutional Court censured Sangwa to mask up and stop being repetitive in his arguments as he was wasting the courts time.

”We don’t want to be here forever you keep repeating yourself and you are not even wearing a MASK , mask up.” Said Justice Chibomba.

Mr. Kalaluka said the Petitioners had failed to convince the court to change its decision on the eligibility of President Lungu.

State Counsel John Sangwa has submitted that the petition challenging President Edgar Lungu’s eligibility to contest the 2021 elections was not seeking an interpretation of article 106(3) but alleging a breach of the said article.

Thus, Mr Sangwa argued that his clients, Legal Resources Foundation (LRF) limited , Dr Sishuwa Sishuwa  and Chapter One Foundation are not re-litigating the issue of eligibility.

He also contended that allowing President Lungu to stand for the 2021 elections would create a scenario where one can be a  President in perpetuity on the basis that he/she served for less than three years.

LRF , Dr Sishuwa and Chapter One Foundation in a consolidated petition are seeking a declaration that President Lungu, having been elected, sworn and held office twice, is not eligible for nomination and for election as president in the August 12 general elections.

When the matter came up yesterday for hearing before a bench of Judges which included its president Hilda Chibomba, Annie Sitali, Mungeni Mulenga, Palan Mulonda, Professor Margaret Munalula, Martin Musaluke, Mwila Chitabo, Mathew Chisunka and Judy Mulongoti , President Lungu through his lawyers prayed that the petition be dismissed with costs.

State Counsel Bonaventure Mutale submitted that the issue of President Lungu’s eligibility was already dealt with in the case of Daniel Pule and others and also the recent judgement of Bampi Kapalasa and Joseph Busenga.

And solicitor General Abraham Mwansa said it was inconceivable that the three petitioners cannot comprehend what the court stated  in the Pule case or Kapalasa case, therefore the petition be dismissed.

Mr Sangwa responded that Zambia had never had two constitutional regimes.

He insisted that the issue before court is that President Lungu violated article 106(3) and therefore his nomination should be declared null and void.

The court reserved Judgement in the matter to this Friday. And  Lusaka Lawyer Sakwiba Sikota however said the court should condemn the petitioners with costs.

Mr. Sikota said the petitioners were aware that the matter was already dealt with twice by the court.

He questioned how many times the court was going to be subjected to deal with the same matter.

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