The Constitutional Court has reserved the judgment om President Edgar Lungu’s Eligibility to Friday, 11th June, 2021.
Earlier, the Court dismissed an application by three foreign-based Zambian lawyers, Professor Chaloka Beyani, Melvin Mbao, and Cephas Lumina, who are, and wanted to be joined to the matter as friends of the court.
The foreign-based academicians who are known to have no known track record in arguing constitutional issues in Zambian courts were to be represented by former LAZ President Eddie Mwitwa.
In a less spirited argument, John Sangwa argued the matter on behalf on behalf of Legal Resources Foundation Limited, Sishuwa Sishuwa and Linda Kasonde’s Chapter One Foundation Limited.
No new arguments were brought by Sangwa except him giving a historical background of the Constitutional provision on two terms. He urged the Court not to follow the Dan Pule Case and the decision in Bampi Kapalasa and Joseph Busenga.
In reaction, four state counsels comprising Attorney General Likando Kaluluka, former Deputy Chief Justice Bonaventure Mutale, Eric Silwamba and Sakwiba Sikota described the arguments by Sangwa as academic and lacking any basis as the court has already pronounced itself on the matter in the famous Dan Pule case.
State Counsel Sakwiba Sikota, citing various authorities from the Supreme Court, asked the court to have state counsel Sangwa personally bear the costs of the case as he was also counsel seized with handling the Dan Pule case which was determined by the Court and settled the same issues being litigated in the petition. The request unsettled State Counsel Sangwa who put up a general argument why the Court must never award costs in Constitutional issues.
Meanwhile, the court also reserved the hearing of a matter in which Sishuwa Sishuwa committed contempt against the court through his article published on Lusaka Times online media.
The concern against the contemptuous remarks by Dr. Sishuwa was brought to the attention of the Court by lawyers representing President Lungu and the State. Dr Sishuwa Sishuwa was survived an on-spot hearing as he was reportedly out of the country.
The hearing of the case today attracted at least 25 lawyers from different law firms and was attended by various political and civil society leaders in a fully packed courtroom. – #SmartEagles2021
