By GRACE CHAILE LESOETSA
STATE Counsel John Sangwa, Dr Sishuwa Sishuwa and Chapter One Foundation mission to have President Edgar Lungu off the ballot paper turned out to be an impossible one as the Constitutional Court declared him eligible to contest the August 12, 2021 elections.
However, ConCourt Judge Professor Margaret Munalula disagreed with the majority judgement that declared Mr Lungu’s nomination valid.
Mr Sangwa said he had no reaction to the Court’s abridge judgement until a full judgement is delivered on June 30, 2021.
In this matter, political analyst Dr Sishuwa, Mr Sangwa through the Legal Resources Foundation Limited and Chapter One Foundation in a consolidated petition were 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 wanted a declaration that President Lungu’s nomination for election to the office of President in the August 12, 2021 election contravenes Article 106(3) of the constitution and the said nomination is null and void.
They were 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 to the Constitutional Court for purposes of quashing.
Delivering the abridged majority judgement, Ms Justice Annie Sitali, flanked by Prof Munalula and Mr Justice Mwila Chitabo stated that no single provision of the Constitution must be separated and considered in isolation.
The court stated that article 106 (3) was not a stand-alone provision as portrayed by the petitioners, therefore its interpretation must be done in harmony with the other provisions of article 106.
“We reiterate that article 106(3) as read together with article 106 (6) of the Constitution cannot bar the first respondent from contesting the forthcoming August 12, 2021 elections,” the court ruled.
The court ruled that President Lungu’s nomination as accepted by the Returning Officer Justice Easu Chulu on May 17, this year is valid and he is entitled to contest the elections.
Reacting to the court’s judgement, Chapter One Foundation director Linda Kasonde said they were disappointed with the outcome of the judgement but would respect the decision of the court.
“We did attempt to defend the Constitution but unfortunately the court has ruled against us. It’s not that we have changed our position, we must respect the will of the court. Now President Lungu is on the ballot and the elections will go ahead and it’s up to the people to vote for who they want,” Ms Kasonde said.
Prof Munalula stated that she will give her dissenting judgement when the court gives its full judgement on June 30, this year.judgement when the court gives its full judgement on June 30, this year.
