ATTORNEY General Mulilo Kabesha says the land mark judgement delivered by the Constitutional Court gives hope to the citizenry that they have competent adjudicators that can interpret the law.
He said the disqualification of former president Edgar Lungu from participating in future elections, is an exemplar that politicians cannot govern beyond the two-term presidential limit.
On Tuesday, the Constitutional Court pronounced that former president Edgar was elected twice and having held office twice, was not eligible to contest future elections.
This was in a matter where patrotic student leader Michelo Chizombe was seeking a determination whether Lungu qualified to participate in future elections, after having held office twice.
He cited Lungu, the Electoral Commission of Zambia and the State as respondents in the matter.
In its judgement, the Court said Lungu was eligible to contest the 2021 election because it had allowed him to do so in its erroneous judgements when it held that his first term in office did not constitute a full term.
The Court said Lungu’s first term in office, which the court claimed was an inherited term constituted a full term.
The Court set aside the three wrong judgements in the Danny Pule, Bampi Kapalasa and Legal resources foundation case on reasons that they were made in ignorance and disregard of the law.
As a result, Lungu was declared ineligible to contest future elections in line with Article 106(3) of the Constitution as he has exhausted the term limits for presidency.
In clarifying the decision by the Court Kabesha said the judgement implies that no leader can serve in perpetuity.
“To start with, sitting in that court and listening to the pronouncements of the bench, gives you the confidence that we have a competent court and it gives the hope to the Zambian people that there is a Constitutional Court that can decide and determine their Constitutional issues before it,” he said.
“What has also come to pass is that the court has given direction that politicians may be popular but when they have done their part, they have served their term, when they have been sworn [in] twice, when they have been elected twice, that’s the end.”
He said politicians can choose to engage in other ventures after holding constitutional office.
“They (politicians) can do other things, there are many other things they can do. Yes, the Court is bound by its previous decision but when it’s discovered like it has done now that the court in the previous sittings did not take into account Section 2 and 7, of Act no.1 of the 2016 Constitution as amended and repealed Arricle 35, that’s why it has decided to vacate as per the principle of per in-curium,”Kabesha said.
He cautioned lawyers against making quack noise by commenting on matters that are active before Court and pending determination as that amounts to contempt.
“When we go on social media, I observed that people were commenting even warning, they are lucky the Constitutional Court has not summoned them to come and explain why they behaved in a contemptuous way to start commenting about a matter which is in court,” he said.
“A warning to the Zambians, please, don’t be street or quack lawyers in the street to comment about matters that are in court, matters which have not been determined or judgement has not been given so that the courts can administer, so that the courts can determine the matter decently without hearing the noise you make out there.”
He urged to show consideration for the Court.
“So please let us respect the court when the matter is in court, it is sub-judice. We shouldn’t comment about that matter. It’s contemptuous and especially when we see senior lawyers commenting, it means they have lost their steam,” said Kabesha
“A lawyer who goes in the street and starts commenting on matters which have not yet been exhausted, he has become a quack lawyer. That shouldn’t be encouraged.”
Michelo Chizombe’s lawyer Micheal Moono commended the constitutional court for its bravery, by putting the interest of the country first.
“It has been the biggest debate but the Court navigated that very well and they resolved that because they are the ones that granted him permission to participate in 2021, we cannot say it was unconstitutional because the Court is the one that decrees what is constitutional and what is not,” he said.
“The court has done a great service to the nation by setting aside the legal resources foundation case and all other previous judgements on this issue.”
Moono added that the Legal Resources Foundation judgement was capable of creating a president in perpetuity and would set bad precedent.
“ The legal Resources Foundation judgment in its reasoning, allowed an amendment to the Constitution to affect a sitting president. It was a dangerous precedent to this country,”said Moono
“It essentially had room to create a life president where someone could be president for life, by constantly amending the constitution and then that constitution applying it retrospectively to the term that he is serving.”
And Green Party leader Peter Sinkamba who was angered by the court judge said the TONSE alliance will proceed with Lungu as its presidential candidate.
He said the alliance will not accept the judgement as it is illegal and unconstitutional.
By Mwaka Ndawa
Kalemba December 12, 2024.