By DELPHINE ZULU –
THE Constitutional Court (ConCourt) has refused to join President Edgar Lungu to a matter in which four opposition political party leaders are seeking the interpretation of Article 106 concerning his eligibility to contest the 2021 presidential elections.
ConCourt Judge Margaret Munalula dismissed the application made by the United Party for National Development (UPND), saying it had become inescapably apparent that his presence was not necessary to ensure that all matters in dispute be effectively and completely determined and adjudicated upon by the ConCourt.
Judge Munalula said the President was shielded from civil litigation in order to enable him to effectively perform his Executive functions.
“Given the clear pronouncement in Article 98 (1) and (2), the President is precluded from instituting or continuing civil proceedings. The application for a joinder has no merit and is dismissed,” she said.
Four opposition political party leaders have petitioned the Constitutional Court to determine whether President Lungu is eligible to stand as a candidate in the 2021 presidential election.
In her ruling yesterday, Professor Justice Munalula agreed with the Attorney General Likando Kalaluka’s submission that making Mr Lungu a party to the proceedings would lead to him being the applicant in one breath and a respondent in another.
Ms Justice Munalula, however, joined the ruling party’s Secretary General Davies Mwila to the proceedings in order for the main cause of action to be effectively adjudicated upon.
She said Mr Mwila ought to be made a party in whatever capacity and exercised the power under Order 5 rule 4 to join him to the case as the second respondent, being a relevant and interested party.
“I find that the Patriotic Front (PF) has sufficient interest in the matter herein to warrant their being joined,” she said.
UPND secretary general Stephen Katuka, asked the court to take judicial notice that it was in public domain that President Lungu and Mr Mwila publicly proclaimed that the President qualified to stand as a presidential candidate in the 2021 elections.