ECL ELIGIBLE FOR 2021 POLLS
The Constitutional Court has ruled that President Edgar Lungu is eligible to contest the 2021 General Elections.
This comes after judgment in the latest petition filed by the Legal Resources Foundation, Chapter One Foundation and University of Zambia Lecturer Dr Sishuwa Sishuwa.
The three petitioners had asked the Constitutional Court to interpret articles 106(3) and 106(6) of the Constitution to determine whether or not President Lungu is eligible to contest the 2021 General Elections.
Delivering the majority judgment, Constitutional Court Judge Annie Sitali reiterated that articles 106(3) and 106(3) must not be interpreted in isolation in construing whether or not the period between January 25, 2015 and September 13 ,2016 was a full Presidential Term of Office.
She stated that articles must be interpreted compulsorily with article 106(1).
Sitting with Judges Margaret Munalula and Mwila Chitabo, Judge Sitali also insisted that the issue of President Lungu’s eligibility had already been settled in the case of Daniel Pule and others versus the Attorney General, and Aubrey Bampi Kapalasa and another versus the Attorney General.
However, Judge Munalula did not agree with the majority judgment on President Lungu’s eligibility.
Judge Munalula said she would deliver the dissent judgment concurrently with the majority one.
Meanwhile the Constitutional Court has dismissed the petition where the running mates eligibility in the 2021 General Elections was contested.
The Court has ruled that based on article 266 of the Constitution, a running mate is not a presidential candidate .
The judgement follows the petition by University of Zambia-Unza lecturer Sishuwa Sishuwa and Lusaka Lawyer Alfred Kanda.
The two questioned the Constitutional Court whether or not the running mates were eligible to contest the 2021 General elections as they did not pay nomination fees nor raise one thousand supporters.
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