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The Constitutional Court has allowed a new petition challenging the electoral eligibility of former President Edgar Lungu to proceed to a full hearing. The court rejected Lungu’s preliminary objection that sought to strike out the petition.
Lungu argued that the Constitutional Court had no jurisdiction over the matter and cited a previous ruling in the case of Danny Pule and Bampi Kaparasa vs Attorney General before the 2021 general elections. However, the court ruled that the issues raised in the petition required a full hearing and determination under Rule 14(A) of the Rules of the Supreme Court.
The petition, filed by Lusaka businessman Michelo Chizombe, asks the court to rule on Lungu’s eligibility to contest the 2021 general election and whether he is eligible to contest future elections. Chizombe argues that his case is different from those of Pule and Kaparasa and argues that Lungu is not eligible to contest future elections because he has already held public office twice.
Preliminary issues were decided by Justice Mudford Mwanyisa and Justices Palan Mulonda and Martin Musaluke. The hearing was presided over by a full bench of the Constitutional Court, including the president of the court, Margaret Munalula, deputy justice Arnold Shilimbe, and justices Annie Sitali, Mugeni Mulenga, Mathews Chisunka, Judy Mulongoti, Kenneth Mulife and Maria Kawimbe.
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