KALUSA SEEKS CLARITY ON THE LEGITIMACY OF LUNGU’S SECOND TERM
ANOTHER legal action has been instituted challenging the legitimacy of Edgar Lungu’s second term in office as President after his election victory was challenged in 2016.
Nkulukusa Teddy Kalusa, a Lusaka resident says Lungu and his running mate Inonge Wina illegally assumed their roles as President and Vice as they were not sworn in to office by the Chief Justice or the deputy chief justice.
Kalusa has filed originating summons in the Constitutional Court seeking a determination on whether Lungu and Wina were duly and legally sworn in office in line with Article 105 (1) of the Constitution of Zambia.
He wants the ConCourt to pronounce itself on whether Lungu was legally in office during the presidential petition in 2016 in line with Aticle 104 (3) of the constitution of Zambia.
Kalusa has cited the Attorney General as the respondent in the matter.
In his affidavit in support of originating summons Kalusa said after Lungu’s election was petitioned in the Constitutional Court, the latter failed to hand over power to the speaker of the National Assembly and remained in office until his inauguration.
“The continued hold of office by the former president Edgar Lungu was in conflict of Article 104 (3),” he said.
“The former president continued performing the presidential functions.”
Kalusa said according to the Constitution the President of Zambia ought be sworn in by the chief Justice or in the absence of the chief Justice the deputy chief justice contrary to what happened in the case of Lungu and Wina on September 13, 2016 during their swearing in ceremony.
He said the inauguration of Lungu and Wina was in violation of Article 105(1) of the Constitution as their swearing in was not administered by the Chief Justice the late Irene Mambilima nor her Deputy Micheal Musonda.
“On September 13, 2016, the former president Edgar Chagwa Lungu and Ms Inonge Wina were not duly sworn into office as there were not sworn in by the Chief Justice or the Deputy Chief Justice of the Republic of Zambia,” Kalusa stated.
“The speaker of the National Assembly should have been the one presiding over the affairs of the nation during the presidential petition.”
Kalusa said the legitimacy of Lungu and Wina’s tenure of office is being questioned as they were not sworn in by the chief justice or the deputy chief justice of Zambia.
He stated that Lungu was illegally in office during the presidential petition.
“I believe that the former president Edgar Lungu and Ms Inonge Wina were illegally in office for the full term they presided over the affairs of the nation without being sworn in by the Chief Justice or the Deputy Chief Justice,” Said Kalusa.
“I seek as citizen of this Country and on behalf of the Zambian people the Court’s authoritative interpretation of the matter so as to remove any ambiguity or uncertainty on the issue.”
By Mwaka Ndawa
Kalemba