The Constitutional Court has reserved Judgement to a date to be communicated to parties in the Presidential eligibility case. The Constitutional Court President Hildah Chibomba made the announcement after all the parties had closed their arguments.
Earlier lawyers representing the petitioner Milingo Lungu urged the constitutional court to use the current constitution and not the old one in dealing with the matter.
Mr Lungu said there is no way a court which is using the amended constitution can resort to using the old and repealed law when dealing with President Edgar Lungu.
He argued that President Lungu is eligible to contest the election in 2021 because according to the new constitution, a term is a period of three years and above and not below.
Mr Lungu further argued that the court should dismiss the arguments by Mr John Sangwa who questioned the locus standi of the petitioners in the matter.
He said the constitution allows any citizen to petition the court on matters of public interest. MrMrungu said the only reason the court allowed Mr Sangwa to join the case through the Law Association of Zambia is because it is a matter of public interest.
But the other two interested parties have urged the court to dismiss the matter saying President Lungu is not eligible to contest the election in 2021. Meanwhile, the Constitutional Court has upheld the election of Davies Chisopa as a duly elected member of parliament for Mkushi South constituency.
In this matter, UPND losing candidate Sydney Chisanga had asked the constitutional court to nullify the election of Mr. Chisopa because of electoral malpractice. But the court dismissed the appeal for lack of merit.
In delivering judgement in the matter, the court said it could not find any fault with the high court’s judgment that dismissed the case. The court further observed that the lower court was on firm ground in dismissing the election petition.
Before coming to the constitutional court, the high court dismissed Mr. Chisanga’s case saying it was based on hearsay. In another development, the Lusaka High Court has been urged not to allow Mazabuka Central member of parliament Garry Nkombo and his Roan counterpart Chishimba Kambwili to join the case in which two citizens have challenged the speaker’s decision to allow the impeachment motion in parliament.
This is because the two have not demonstrated sufficient interest in the matter. Henry Mulenga and Robert Chabinga say the two cannot be joined to the matter on account of public interest because the Attorney General who is a custodian of public interest is already part of the case.
They have further argued that the fact that the outcome of the decision will affect them does not give them locus standi or sufficient interest in the matter.
In this matter, the two citizens have challenged the speaker’s decision to allow the impeachment motion against President Edgar Lungu. However, parliament has argued to the contrary saying the speaker did not admit the motion but merely received it.