……as Constitutional Court rules to Hear Arguments in Former President’s 2021 Eligibility Case….

Lusaka, 9th July, 2024

The Constitutional Court has announced its decision to hear arguments in the case concerning the eligibility of former President Edgar Chagwa Lungu to run for office in the 2021 elections.

As it stands, and until the court rules otherwise, the former President remains eligible to stand for elections based on previous rulings by the same Constitutional Court.

This is not the first time the eligibility of the former President has come before the Constitutional Court. With the same judges presiding, the court has previously pronounced itself three times on this matter.

Specifically, in the cases of:

  • Daniel Pule and Others v Attorney General and Others(under cause No. 2017/CCZ/004, Selected Judgment No. 60 of 2018)
  • Bambi Aubrey Kapalasa and Another v The Attorney General(CCZ 1 of 2021; CCZ 14 of 2021)
  • Legal Resources Foundation Limited and 2 Others v Edgar Chagwa Lungu and Attorney General (Selected Judgment No. 27 of 2021)

Supporters of President Lungu’s eligibility have stated that the previous rulings conclusively addressed all legal questions regarding his candidacy and that repeating the same issue undermines the stability and predictability of the legal system.

Many Zambians wonder if the fresh case is ruled against the former President, what then should the Electoral Commission of Zambia do? Declare the 2021 general election null and void and call for fresh elections?

The Constitutional Court’s decision to proceed with the hearing underscores the ongoing complexities and high stakes involved in Zambia’s political and legal arenas.

As the arguments unfold, the nation will be closely watching, keenly aware that the court’s ruling will have profound implications for the country’s democratic processes and the rule of law.

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