As Edgar Lungu’s legal team prepares to defend the Constitutional Court’s previous ruling on presidential terms, today’s proceedings could reshape Zambia’s political landscape and test the integrity of its democratic institutions.
By Zambian Whistleblower and edited by Mpandashalo Mwewa.
Lusaka, Oct. 7 – Hakainde Hichilema is well aware of the formidable political force that former President Edgar Lungu represents, and it’s no secret that he is keen to avoid a rematch.
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At one point, Lungu, recognizing the futility of battling what appears to be a predetermined outcome, considered withdrawing from the Constitutional Court eligibility case. The judicial winds seem to favour the current administration, and Lungu believed the outcome would be nothing short of scripted. However, seasoned statesmen and distinguished legal minds have persuaded him to continue, stand tall before the court, and present his case, even in the face of seemingly biased judges who have refused to recuse themselves.
Many spectators to this legal showdown, unfortunately, miss the forest for the trees. Some blindly cling to the simplistic argument about Lungu being “sworn in twice” or having “held office twice,” not understanding the broader and far more intricate issue at hand – the definition of a “term.” The argument is not as straightforward as counting the number of times Lungu has raised his right hand and taken the oath of office. At the heart of the debate lies the interpretation of what constitutes a term in the presidential office.
The very same Constitutional Court had previously ruled that the period Lungu served following the tragic passing of President Michael Sata did not amount to a full term. This ruling seemingly opened the door for Lungu’s eligibility for future elections. But the question now hanging like a sword over this case is: Can the same court now reverse its own decision? If the court chooses to reinterpret its previous ruling, can it do so without admitting to a grievous error in judgment? And most importantly, why should Edgar Lungu be made to bear the full weight of such an error, should one be acknowledged?
Further complicating the matter is the role of other key actors in this saga, namely the Attorney General and the Electoral Commission of Zambia (ECZ). If the court does decide to correct itself, will these institutions, too, reverse their positions? The Attorney General’s office and the ECZ had previously aligned with the court’s ruling on Lungu’s eligibility. To now backtrack would raise eyebrows and set an unsettling precedent in the country’s legal and political frameworks.
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As these weighty arguments are laid bare in court today, all eyes will be on the legal heavyweights presenting their case. Leading the charge for Lungu will be Senior Counsel Makebi Zulu of Makebi Zulu Advocates who will also stand in Lungu’s corner, ensuring that every legal nuance and historical precedent is meticulously argued. What position will State Counsel Bonaventure Mutale, a former Attorney General, and State Counsel John Sangwa, the brilliant constitutional lawyer who initiated this debate take today? The courtroom will undoubtedly be a battlefield where legal minds clash over the future of Zambia’s democracy.
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