ECL election eligibility petition to be heard – ConCourt

By Hannock Kasama

The Constitutional Court has allowed the new petition against former President EDGAR LUNGU’s election eligibility to be heard and fully determined.

The Court has dismissed Mr. LUNGU’s preliminary issue that sought to quash the petition.

Mr. LUNGU had raised preliminary issues, arguing that the ConCourt has no jurisdiction to hear and determine the petition because the issues surrounding his eligibility had already been determined in the case of DANNY PULE and BAMPI KAPALASA verses the Attorney General prior to the 2021 General Election.

However, the court has ruled that according to order 14 clause “A” of the Supreme Court rules, the petition has raised issues that cannot be out rightly dismissed but fully heard and determined.

This is in a matter where LUSAKA businessman MICHELO CHIZOMBE has sought the Constitutional Court’s determination on whether or not the former President was eligible to contest the 2021 General Election and his eligibility for future elections.

In his petition, Mr. CHIZOMBE contended that his case is different from the cases of DANNY PULE and BAMPI KAPALASA.

Mr. CHIZOMBE has further argued that Mr. LUNGU is not eligible to contest future elections on grounds that he has held office twice.

The ruling on the preliminary issues was read by Judge MUDFORD MWANDENGA, sitting with Judges PALAN MULONDA and MARTIN MUSALUKE.

The hearing was before the full bench of the Constitutional Court including Court President MARGARET MUNALULA, her deputy ARNOLD SHILIMI, sitting with Judges ANNIE SITALI and MUGENI MULENGA.

Others were judges MATHEWS CHISUNKA, JUDY MULONGOTI, KENNETH MULIFE and MARIA KAWIMBE.