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ELIGIBILITY RULING SET FOR MONDAY

By GRACE CHAILE LESOETSA

THE Constitutional Court will this Monday determine the matter where Dr Sishuwa Sishuwa, Legal Resources Foundation (LRF) limited and Chapter One Foundation are challenging the nomination of President Edgar Lungu for the 2021 general elections on grounds that he has held office twice.

The three 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.

The trio want a declaration that President Lungu’s nomination for election to the office of President in the  election contravenes Article 106(3) of the constitution and the said nomination is null and void.

They are also seeking an order of certiorari that the nomination papers filed by President Lungu with the returning officer of the Electoral Commission of Zambia (ECZ) and all documents in support of his nomination for the election to the office of President in this year’s elections be removed forthwith from the Constitutional Court for purposes of quashing.

In his submission through his lawyer,  President Lungu stated that the three petitioners are abusing the court process as the matter they have petitioned has already been adjudicated upon in the cases of Dr Daniel Pule and others vs Attorney General and also Bampi Kapalasa and Joseph Busenga vs Attorney General and ECZ.

 He contended that ECZ chairperson Justice Esau Chulu, who is the Returning Officer in an election to the office of President in accordance with article 99, is the only person vested by the constitution , with the authority to reject or accept a nomination of a Presidential candidate.

Mr Lungu said no competent petition challenging the determination by the Returning Officer that his nomination as Presidential candidate is valid was or has been brought against the Commission within the period prescribed by article 52(4) of the Constitution and the decision of the Returning Officer is therefore final.

He asked the Court to dismiss the matter and condemn the petitioners to pay costs.

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