Lusaka lawyer seeks to join Lungu eligibility petition case
Lusaka lawyer seeks to join Lungu eligibility petition case
LUSAKA lawyer Joseph Chirwa has filed an application with the Constitutional Court seeking to join a case challenging the eligibility of former President Edgar Lungu to contest future elections.
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This development follows a petition by the opposition Tonse Alliance, which is seeking to overturn a recent court ruling that declared Lungu ineligible.
Chirwa, in an affidavit submitted in support of his application to appear as a friend of the court (amicus curiae), asserted his expertise as a constitutional scholar.
He highlighted his extensive contributions to the court’s jurisprudence through previous appearances.
“I have objective views concerning the matter before this court and I believe that it will be of utmost importance that I be allowed by this court to share views,” Chirwa stated in his affidavit.
He further emphasised his academic qualifications.
“I am currently pursuing my doctorate degree in constitutional law at the University of South Africa and my thesis which is themed ‘A jurisprudential Assessment of the performance of the constitutional court of Zambia from 2016 to 2022.'”
He argued that this academic pursuit has provided him with an in-depth understanding of constitutional matters.
The Tonse Alliance, through spokesperson Sean Tembo, had earlier petitioned the court, arguing that the ruling declaring Lungu ineligible was made in error (per incuriam).
Tembo contends that the court misapplied Article 106(6) of the Constitution when determining whether Lungu’s tenure constituted two full terms.
He also cited Article 52(4) of the Constitution, which allows for challenges to a candidate’s nomination within seven days of closure, and mandates the court to hear such cases within 21 days.
Tembo further argued that the court failed to consider Article 267(3)(b)(c), which pertains to modifications necessary when referring to a person holding the office of president.
He is also seeking the court’s interpretation on whether, according to Article 267(3)(b)(c) read together with Article 106(1)(3)(6), a reference to a person elected to the office of president should be understood as referring to Edgar Lungu.
The Constitutional Court is now considering both Chirwa’s application to join the case and the Tonse Alliance’s substantive petition.
By Lucy Phiri
Kalemba April 2, 2025
