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The State has urged the Constitutional Court to set aside its judgement which declared ex-President Edgar Lungu eligible to contest future elections having reportedly served twice in office.
In this matter, a Lusaka resident Michelo Chizombe had petitiioned the Court to revisit its ruling by declaration that the Electoral Commission of Zambia (ECZ) contravened the Republican constitution when it accepted Lungu’s nomination papers and included him on the ballot.
He further sought a declaration that the respondent (Lungu) was not eligible to contest a presidential election under the current Constitution as read with the now repealed 1991 Constitution (as amended)
Attorney-General, Mulilo Kabesha, in his answer to the petition contended that article 106 of Act no. 2 of 2016 did not have retrospective effect.
Kabesha stated Article 106(3) was a Constitutional prohibition and limitation clause , therefore, it also prevailed over the substance of article 106 (6), to the extent that its provisions conflict with article 106(3).
“It must be indicated that, since the former is a positive constitutional prohibition and it definitely supersedes the provisions contained in the latter, and as such, the dictates of Article 106(3) will be enforced as if the conflicting substance of article 106(6) does not exist,” he said.
The Attorney-General urged the court to review its judgement to protect the fundamentals of constitutionalism.
“The third respondent will aver at trial that this court should vacate its decision in the case of Legal Resources Foundation Limited, Dr Sishuwa Sishuwa and Chapter One Foundation Limited vs ECL and AG, :2021/ccz/ 0023 ,2021/c”/0027,” he submitted.
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