The Zambia constitution Law is very clear under Article 106 Clauses (3) making ECL eligible not to stand. Clause (3) should not be read in isolation of Clause (6) because Clause (6) explains the purposes of Clause (3), as fellows: Clause (3) “A person who has twice held office as President is not eligible for election as President.” Clause (6)’’ If the Vice-President assumes the office of President, in accordance with the clause (5)(a), or a person is elected to the office of President as a result of an election held in accordance with clause 5(b), the Vice-President or the President- elect shall serve for the unexpired term of office and be deemed, for the purposes of the clause (3)— .
Constitution of Zambia (amendment) No. 2 of 2016 Article 106 Clause (3) “A person who has twice held office as President is not eligible for election as President.” Clause (6) “If the Vice-President assumes the office of President, in accordance with the clause (5)(a), or a person is elected to the office of President as a result of an election held in accordance with clause 5(b), the Vice-President or the President- elect shall serve for the unexpired term of office and be deemed, for the purposes of the clause (3)— (a) to have served a full term as President if at the date on which the President assumed office, at least three years remain before the date of the next general election; or (b) not to have served a term of office as President if at the date on which the President assumed office, less than three years remain before the date of the next general election.” There to, under Article 106 Clauses (3) President Edgar Lungu having twice held office as president is not eligible or qualified to stand for 2021 presidential elections. Based on the above interpretation, the current President Mr.
Lungu, having twice held office (as opposed to have twice served a term of office), cannot stand again for election as President. The constitutional restriction does not refer to a person ‘serving a term of office.’ It refers to a person ‘holding office.’, for example if a married man inherits his late brother’s wife, he cannot say he only married once.
He has a second wife… This is defined as being sworn-in and serving until the next person is sworn-in as President. In short, if the President resigned his office today, he would have “held office”, even though he would not have served a term of office and that is the critical distinction The Concourt did not rule on ECL’s eligibility to contest 2021 elections but passed a ruling on the meaning of a term of office and chose not to state whether or not Lungu qualify to contest the 2021 election.
The Late President Fredrick Titus Chiluba failed to win support in his bid to amend the constitution allowing him to run for a third term, despite MMD’s where overwhelming in parliament, and because of Article 106 Clauses (3), no member of parliament ever moved the motion in the house to amend the national constitution, the government never presented any paper on the matter nor was there any referendum to amend the national constitution. The third term debate was between different groups within and outside the MMD, and these are same tactics PF thugs are planing to do and hijack our national constitution.
Chiluba stepped down at the end of his second term on January 2, 2002, and was replaced by Late Levy Mwanawasa. There to, Constitutional democracy is a system of government in (1) political authority — i.e…the power of government is defined, limited and distributed by a body of fundamental called the Constitution and (2) the electorate — the general voting populace with the political society has effective means to be following up the Constitution Amended with their nations.
Article 106 Clauses (3) was amended and ratified by the Zambia Parliament / government in 1991, to limits an elected president to two terms in office, a total of ten years. After ratification of Article 106 Clauses (3), it was legally cleared that, a President can not run for a third term or after skipping a term. A president can no serve more than two terms regardless of whether those terms are consecutive or separated by another presidential term …if he does then, he’s only eligible to run for president once.
Therefore, I’m calling Mr. Edger Lungu to step aside in 2021, and let he’s political party PF goes for convention to select new party President before it will be too late. We don't did dictators or making dictators, please let us respect Zambian People Democratic constitution Article 103 Clauses 3. Your term in office will be expired in 2021…, and beyond 2021 you'll occupy the office illegally, and outside constitution Mr. President.
God Blesses the People of Zambia.
Hon. Brown Chibale Kapika /President for Adedo-
Zamucano