Lungu’s Eligibility Case Adjourned



The Constitutional Court has adjourned the case in which four opposition political party leaders wants  the court to interpret that President Edgar Lungu is  eligibility to contest the 2021 general elections.


The Petitioners Dan Pule are arguing that President Lungu is eligible to contest the 2021 general elections because his first term commenced when he was sworn in by the Chief justice on September 13, 2016.


The matter which was coming up for hearing of heritage party president Brigadier General Godfrey Miyanda’s preliminary issues or motions has been adjourned to January 23.


The adjournment follows the Patriotic Front’s Secretary General Davis Mwila’s application to adjourn the matter to enable the party engage new lawyers following the withdrawal of their lawyers Mweemba Chashi and Co. who filed an application for the withdrawal.


Mr Mwila who is sued in his capacity as the PF Secretary General told the full bench of the Constitutional Court that he wished to seek for an adjournment to allow him ample time and resources to engage new lawyers.


There were no objection from all the parties except for state counsel John  Sangwa who submitted that the PF will not be prejudiced in any way if the matter proceeded because the case was only coming up for hearing of a motion by Gen. Miyanda who is the third respondent.


And the third Respondent Gen. Miyanda  also agreed that the preliminary issues he was going to raise  had  no bearing on the 2nd Respondent looking at the fact that and he  had matters which he wanted to bring to the attention of the court as agreed in the previous sitting.


But lawyers Representing Dan Pule and three others state counsels Bonaventure Mutale and Sakwiba Sikota said it was in the interest of Justice to have the matter adjourned to enable the 2nd Respondent to engage new lawyers because he is not an individual who can not be represented because if he is not allowed he would have limited justice.


In  ruling the court has allowed Mr Mwila’s application for an adjournment to allow him engage new lawyers.


However the court has also noted the several adjournments in the case but adjourned the matter in the best interest of Justice.