John Sangwa

INTERNATIONALLY acclaimed Constitutional Lawyers apply to join the eligibility case against President Edgar Lungu

Three renowned international Constitutional Lawyers have applied to join the eligibility case on the eligibility of President Edgar Lungu to contest the August 12 elections.
The three are Constitutional Professor Lawyer, Chaloka Beyani, Professor Melvin Mbao, and Professor Cephas Lumina.

Chaloka Beyani is Senior Lecturer in International Law at the London School of Economics and Political Science and. He is also the UN Special Rapporteur on the Human Rights of Internally Displaced Persons and has taught law previously at the Universities of Oxford and Zambia.

Professor Beyani is among the few Africans that helped in drafting the Constitution of Kenya. He has drafted many other constitutions across the globe.

3 COMMENTS

  1. But why wait till it’s almost too late ? They should instead have been among those petitioning or applied to join immediately the first petition was lodged in. Their requests are likely to be rejected at this hour…..

  2. The rules say one can join at any time. The court has no reason to reject their application on the basis that they’re late.

  3. WE KNOW THAT CONCOURT WILL RULE IN LUNGU´S FAVOUR. THERE WILL BE NOTHING TO CELEBRATE BY SAYING “WE TOLD YOU LUNGU WAS ELIGIBLE”. THE CONCOURT RULING IN LUNGU´S FAVOUR WILL NOT CHANGE THE FACT THAT HE IS NOT ELIGIBLE. WE ALL KNOW THAT HAUMAN NATURE IS FALLIABLE AND SUBJECTIVE SOMETIMES. CONCOURT JUDGES ARE HUMAN BEINGS WITH SUBJECTIVE JUDGEMENTS DEPENDING ON A CASE BROUGHT BEFORE THEM.

    THE SPIRIT OF THE ARTICLES 105 AND 106 IS CLEAR. NO PERSON SHOULD BE ELECTED MORE THAN TWICE INTO THE OFFICE OF THE PRESIDENT. EVEN THE 2016 AMENDEND CONSTITUTION THE VICE PRESIDENT CAN BE ELECTED AS PRESIDENT MINIMUM ONCE AND MAXIMUM TWICE. HE CAN HOLD OFFICE THREE TIMES BUT ELECTED AS PRESIDENT MAXIMUM TWICE.
    CONCOURT MAY RELY ON ARTICLE 106 (5b) to JUSTIFY THE ELIGIBILITY OF PRESIDENT LUNGU. HOWEVER, ARTICEL 106 (5b) IS NEW AND DOES NOT APPLY TO CURRENT CASE AT HAND. IT WILL NEED TO BE TESTED IN FUTURE. THIS SECTION OF THE ARTICLE REQUIRES THAT IN THE ABSENCE OF VICE PRESIDENT ASSUMING OFFICE THE SPEAKER SHALL ACT AS PRESIDENT AND ORGANISE ELECTIONS WITHIN SIXTY DAYS. TOTALLY DIFFERENT FROM WHAT WAS PREVAILING DURING 2015 ELECTIONS. THE PART OF THE CONSTITUTION THAT HAS BEEN TRANSITIONED FROM 2015 TO 2016 IS BEING ELECTED TWICE. THEREFORE PRESIDENT LUNGU DOES NOT QUALIFY.

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