By PERPETUAL SICHIKWENKWE –
THE Law Association of Zambia has been joined to the proceedings in a case in which four leaders of the opposition are seeking the Constitutional Court’s interpretation on whether President Edgar Lungu is eligible to contest the 2021 presidential elections.
Constitutional Court Judge Margarate Munalula yesterday adjourned the hearing of the petition to February 27, 2017 to allow more interested parties to file formal applications if they were interested to join the proceedings.
LAZ had stated that it was an interested party and, as such, it should be allowed to join to the petition where the president of the Christian Democratic Party Dan Pule, president of the Zambia Republican Party, Wright Musoma, Peter Chanda of the News Congress Party and Citizen Democratic Party leader Robert Mwanza want the Constitutional Court to interpret the law on whether Mr Lungu is eligible to stand for the 2021 presidential elections.
According to the affidavit filed by LAZ lawyer John Sangwa, of Simeza, Sangwa and Associates, LAZ submitted that under Section 4 of the Act, one of the statutory mandates of LAZ was to seek the advancement of the rule of law and the rights and liberties of an individual.
Mr Sangwa said it was for this reason that LAZ was interested to be joined to the proceedings and that the court would benefit from its input during the proceedings.
He stated in his submission that LAZ was seeking to know whether Mr Lungu’s election of January 20, 2015, which expired on August 11, 2016 did not constitute a term of office pursuant to Article 106
(b) of the Constitution of Zambia Amendment Act number 2 of 2016.
Mr Sangwa said the court should also determine if Mr Lungu was eligible to stand as a candidate in the presidential election of 2021 or other future elections.
Heritage Party President Godfrey Miyanda and United Party for National Development (UPND) have so far applied to be joined to the proceedings.
Mr Miyanda has also applied to be joined to the proceedings telling the court that he will be objecting to the matter that Mr Lungu is eligible to contest the 2021 presidential election.
He argued in his affidavit in support of an application for joinder that he had sufficient interest in the petition and was asking to be joined in opposition to the originating summons as an interested party.
Mr Miyanda also submitted that the four opposition leaders had not indicated to the court that President Lungu had delegated them to file their application on his behalf as a prospective nominee in 2021.
UPND secretary general Steven Katuka has asked the court to join him to the proceedings, arguing that Mr Lungu was not eligible to contest the 2021 presidential election.
Mr Katuka has stated that UPND is an interested party and should be joined to the proceedings.