CONCOURT “EXPLAINS” WHY ECL WAS ELIGIBLE IN 2021, BUT INELIGIBLE TO CONTEST FUTURE ELECTIONS

CONCOURT “EXPLAINS” WHY ECL WAS ELIGIBLE IN 2021, BUT INELIGIBLE TO CONTEST FUTURE ELECTIONS

By ZR Reporter

The Constitutional Court has explained how former president Lungu was eligible to contest the 2021 elections but is ineligible to contest any future presidential elections.

Deputy president of the Constitutional Court Justice Arnold Shilimi said when delivering judgement today that Mr Lungu’s ineligibility is as a result of the former Head of State being elected twice and holding the Presidential office twice.

He however explained that the decisions in previous eligibility cases were arrived at Per incuriam (without due regard to the law) and they have since been vacated.

“The term of office for a President shall be five years. A President shall hold office for one term commencing from the date the President elect is sworn into office and ending on the date the election results are announced and shall be eligible to be elected as President for a second term,” he said.

“Notwithstanding anything in this Constitution or any other law, a person who has twice been elected as President shall not be eligible for election as President.”

Justice Shilimi also said that “our combined interpretation therefore of Sections 2 and 7 of the Act, and repealed Article 35 of the Constitution is that the first respondent term of office that ran from 25th January 2015 to 13th September, 2016, constituted a term of office.”

“The first respondent’s term which ran from 13th September 2016 to August 2021 constituted his second term. The first respondent, Mr Edgar Chagwa Lungu has therefore been twice elected and has twice held office. Article 106 (3) of the Constitution makes the first respondent ineligible to participate in any future elections as a presidential candidate.”

Justice Shilimi was delivering the judgement on behalf of other five Constitutional Court judges headed by Constitutional Court president Margaret Munalula.

The Constitutional Court president however indicated that there were supposed to be seven judges but one judge is indisposed, adding that this does not affect the judgement in any way.