The Constitutional Court’s latest ruling on Edgar Lungu’s eligibility twists its own precedents, leaving Zambians wondering if justice is now a matter of convenience. While LAZ is urging the public to respect this verdict, perhaps the LAZ President should first respect the principles of consistency that justice demands.
By Mpandashalo Mwewa.
Lusaka, Dec. 11 – Lungisani Zulu, President of the Law Association of Zambia (LAZ), stated that the association has been closely following the developments in the eligibility case of Michelo Chizombe vs. Edgar Chagwa Lungu and Others (2023/CCZ/0021) before the Constitutional Court. He acknowledged the significant public interest in the matter, including the court’s judgment delivered that day.
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According to Zulu, despite the Constitutional Court’s decision to depart from previous rulings by the same court in cases such as Daniel Pule and Others vs. Attorney General and Others, Bampi Aubrey Kapalasa and Another vs. The Attorney General, and Legal Resources Foundation vs. Edgar Lungu and the Attorney General, its decision must be respected by all citizens, as the judicial authority of Zambia, derived from its people, is vested in the courts under Part 8 of the Constitution of Zambia (Amendment) Act No. 2 of 2016.
He has reiterated that the Constitutional Court has the mandate to interpret the Constitution and resolve disputes, and having fulfilled this duty in the eligibility case, citizens have a corresponding duty to uphold its decision. Zulu underscored that respect for governance institutions like the judiciary is fundamental to the country’s democratic foundations.
But the LAZ President must oppose the Constitutional Court’s inconsistency because it undermines the rule of law, which is the cornerstone of democracy. The judiciary’s primary role is to provide consistent and predictable interpretations of the Constitution, ensuring that citizens and institutions alike can rely on its rulings. By departing from its earlier decisions, such as those in the Daniel Pule, Bampi Kapalasa, and Legal Resources Foundation cases, the Court risks creating confusion about the application of constitutional principles, thereby weakening public confidence in its authority.
Inconsistency in judicial rulings also raises questions about the impartiality and integrity of the Court. When the same institution issues conflicting decisions on similar matters, it opens the door to perceptions of bias, external influence, or a lack of rigorous legal reasoning. This erodes trust not only in the Court but also in the broader legal system. The LAZ President, as a defender of constitutionalism, must challenge such inconsistencies to protect the judiciary from accusations of acting arbitrarily or serving political interests rather than upholding justice.
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Furthermore, the LAZ President has a duty to safeguard the principles of accountability and transparency within the judiciary. Supporting or failing to critique contradictory rulings sends a message that the legal profession condones judicial errors and inconsistency.
The Court’s earlier declaration of Edgar Lungu’s eligibility in a prior election, followed by a ruling of ineligibility for future elections, undermines the credibility of its decisions. By advocating for consistency, the LAZ President would ensure that the judiciary remains a beacon of fairness and integrity, essential for maintaining the public’s faith in constitutional governance.
About The Author: Mpandashalo Mwewa, currently the Chief Editor at Woodpecker’s Digest, formerly held the same role at Zambia Reports. Known for championing Pan-African education reforms with a focus on critical thinking, he employs journalism to instigate social transformation.
About Our Advocacy: Woodpecker’s Digest provides in-depth analyses and commentary on issues of national importance, alongside articles on personal development and health. We believe journalism can be a force for socio-economic change.
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