News / National
Hichilema's court bars Edgar Lungu from contesting HH
10 Dec 2024 at 10:31hrs | Views
The Constitutional Court of Zambia stands on the verge of delivering a ruling that could either cement or shatter Edgar Chagwa Lungu's political ambitions. Today, the court will decide whether the former president can run in the 2026 general elections - a decision that could redefine Zambia's understanding of presidential term limits and test the resilience of its legal system.
Lungu, who served as Zambia's sixth Republican President, finds himself at the center of a constitutional storm once again. This marks the fifth time his eligibility has come under scrutiny, despite earlier rulings by the same court affirming his right to contest. With new legal challenges and a growing public spotlight, this case has evolved into a high-stakes battle over law, legacy, and political power.
The Core of the Debate: A President or a Precedent?
At the heart of the legal wrangling is the complex interplay between the repealed 1991 Constitution and the 2016 constitutional amendments. Youth activist Michelo Chizombe argues that Lungu's time in office from 2015 to 2016, after succeeding the late President Michael Sata, should count as a full term, disqualifying him under Zambia's two-term limit.
Lungu's legal team, led by Makebi Zulu Advocates, maintains that this matter has already been settled. The court ruled in 2018 and 2021 that his first term didn't qualify as "full," allowing him to seek re-election. But Chizombe contends that earlier rulings overlooked key transitional provisions in the 2016 amendments, which he believes represent a breach of constitutional principles.
Political Turmoil Within the Patriotic Front
Following his defeat in the 2021 elections, Lungu announced his retirement from active politics, stepping aside as Hakainde Hichilema took office with 2,810,757 votes, leaving Lungu with 1,814,201. However, what seemed like a quiet exit quickly spiraled into a political crisis within the Patriotic Front (PF).
Lungu's absence created a leadership vacuum, prompting the resignation of key party figures, including Secretary-General Davies Mwila. This power gap opened the door for Matero MP Miles Sampa, who controversially organized a general conference at Mulungushi International Conference Centre. Amid accusations of government interference, Sampa was elected party president, deepening divisions within the PF.
The situation worsened when Sampa appointed Morgan Ng'ona as Secretary-General, sparking further discord and raising questions about Sampa's control over the party. The conflict escalated as MP Robert Chabinga publicly backed Sampa, fueling the factional rift. This eventually led to Chabinga's elevation as acting party president after Sampa's alleged expulsion in July 2023.
The turmoil intensified when Chabinga expelled several key figures, including Lungu and Given Lubinda, accusing them of indiscipline. However, Sampa reconciled with Lungu in early 2024, and together they took Chabinga and Ng'ona to court over the legitimacy of his presidential appointment, underscoring the deep divisions within the PF.
Lungu's Return to Politics and Legal Fallout
In October 2023, Lungu returned to politics, vowing to "save the PF" and defend democracy. His re-entry into politics triggered immediate consequences, including the revocation of his retirement benefits by the Zambian government, which cited a law stripping such privileges from former presidents who return to active political life.
Despite this, Lungu remained defiant. In a BBC interview, he accused the government of effectively placing him under house arrest, claiming he was unable to move freely without police interference. "I can't step outside without being intercepted by the police and driven back home. I'm prepared to face the consequences of re-entering politics," Lungu said. Police insisted their actions were for his safety, while President Hichilema reassured the public that Lungu was free to move, but warned that he would lose his benefits if he continued political activities.
The situation worsened when police raided Lungu's Ibex Hill home in May 2023, searching for stolen motor vehicles and property allegedly taken by former First Lady Esther Lungu. Lungu's lawyer, Zulu, called the raid unconstitutional, escalating political tensions further.
Meanwhile, Esther Lungu and their children faced arrest on corruption charges, complicating the already volatile situation. Amid this turmoil, activist Chizombe filed a petition with the Constitutional Court, challenging Lungu's eligibility to run for president again, citing his two-term limit in office.
A Court Under Pressure
This case is no ordinary legal challenge. It pits Zambia's judiciary against itself, with the public closely watching to see if the Constitutional Court will uphold its past decisions or chart a new course. Lungu's legal team argues that the principle of res judicata - finality in legal disputes - should protect him from what they describe as judicial harassment. Chizombe's camp, led by lawyer Michael Moono, insists that the petition raises fresh questions that were never properly addressed.
Adding to the drama, Lungu's attempt to disqualify three judges from hearing the case - citing perceived bias - was rejected. Justice Margaret Munalula called the move a "manipulative tactic" designed to disrupt the bench's independence, while her colleagues dismissed the claims as baseless.
Complicating matters further, three Constitutional Court judges - Annie Sitali, Mugeni Mulenga, and Palan Mulonda - were suspended for alleged misconduct just days before the hearing. These judges had previously backed Lungu in 2021, fueling speculation about political interference.
What's at Stake for Zambia?
At its core, this case is about more than Lungu's eligibility. It has become a referendum on Zambia's democratic institutions, raising profound questions about judicial accountability, constitutional interpretation, and the separation of powers. Constitutional lawyer John Sangwa, acting as amicus curiae, has warned that revisiting Lungu's eligibility could retroactively undermine the legitimacy of the 2021 elections, where Lungu's candidacy was a key factor.
If the court disqualifies him, it could cast doubt on the integrity of Zambia's electoral process. Conversely, if the court affirms Lungu's eligibility, it risks setting a precedent that some argue could weaken constitutional safeguards against political overreach.
The ruling will test Zambia's commitment to democratic principles and the rule of law, and for Lungu, it could be the ultimate reckoning - a final chance to return to the political stage or a definitive end to his presidential journey. Either way, the ruling will leave an indelible mark on Zambia's political landscape. The eyes of the nation - and the world - are fixed on Lusaka as the Constitutional Court prepares to make its momentous decision.
Lungu, who served as Zambia's sixth Republican President, finds himself at the center of a constitutional storm once again. This marks the fifth time his eligibility has come under scrutiny, despite earlier rulings by the same court affirming his right to contest. With new legal challenges and a growing public spotlight, this case has evolved into a high-stakes battle over law, legacy, and political power.
The Core of the Debate: A President or a Precedent?
At the heart of the legal wrangling is the complex interplay between the repealed 1991 Constitution and the 2016 constitutional amendments. Youth activist Michelo Chizombe argues that Lungu's time in office from 2015 to 2016, after succeeding the late President Michael Sata, should count as a full term, disqualifying him under Zambia's two-term limit.
Lungu's legal team, led by Makebi Zulu Advocates, maintains that this matter has already been settled. The court ruled in 2018 and 2021 that his first term didn't qualify as "full," allowing him to seek re-election. But Chizombe contends that earlier rulings overlooked key transitional provisions in the 2016 amendments, which he believes represent a breach of constitutional principles.
Political Turmoil Within the Patriotic Front
Following his defeat in the 2021 elections, Lungu announced his retirement from active politics, stepping aside as Hakainde Hichilema took office with 2,810,757 votes, leaving Lungu with 1,814,201. However, what seemed like a quiet exit quickly spiraled into a political crisis within the Patriotic Front (PF).
Lungu's absence created a leadership vacuum, prompting the resignation of key party figures, including Secretary-General Davies Mwila. This power gap opened the door for Matero MP Miles Sampa, who controversially organized a general conference at Mulungushi International Conference Centre. Amid accusations of government interference, Sampa was elected party president, deepening divisions within the PF.
The situation worsened when Sampa appointed Morgan Ng'ona as Secretary-General, sparking further discord and raising questions about Sampa's control over the party. The conflict escalated as MP Robert Chabinga publicly backed Sampa, fueling the factional rift. This eventually led to Chabinga's elevation as acting party president after Sampa's alleged expulsion in July 2023.
The turmoil intensified when Chabinga expelled several key figures, including Lungu and Given Lubinda, accusing them of indiscipline. However, Sampa reconciled with Lungu in early 2024, and together they took Chabinga and Ng'ona to court over the legitimacy of his presidential appointment, underscoring the deep divisions within the PF.
Lungu's Return to Politics and Legal Fallout
Despite this, Lungu remained defiant. In a BBC interview, he accused the government of effectively placing him under house arrest, claiming he was unable to move freely without police interference. "I can't step outside without being intercepted by the police and driven back home. I'm prepared to face the consequences of re-entering politics," Lungu said. Police insisted their actions were for his safety, while President Hichilema reassured the public that Lungu was free to move, but warned that he would lose his benefits if he continued political activities.
The situation worsened when police raided Lungu's Ibex Hill home in May 2023, searching for stolen motor vehicles and property allegedly taken by former First Lady Esther Lungu. Lungu's lawyer, Zulu, called the raid unconstitutional, escalating political tensions further.
Meanwhile, Esther Lungu and their children faced arrest on corruption charges, complicating the already volatile situation. Amid this turmoil, activist Chizombe filed a petition with the Constitutional Court, challenging Lungu's eligibility to run for president again, citing his two-term limit in office.
A Court Under Pressure
This case is no ordinary legal challenge. It pits Zambia's judiciary against itself, with the public closely watching to see if the Constitutional Court will uphold its past decisions or chart a new course. Lungu's legal team argues that the principle of res judicata - finality in legal disputes - should protect him from what they describe as judicial harassment. Chizombe's camp, led by lawyer Michael Moono, insists that the petition raises fresh questions that were never properly addressed.
Adding to the drama, Lungu's attempt to disqualify three judges from hearing the case - citing perceived bias - was rejected. Justice Margaret Munalula called the move a "manipulative tactic" designed to disrupt the bench's independence, while her colleagues dismissed the claims as baseless.
Complicating matters further, three Constitutional Court judges - Annie Sitali, Mugeni Mulenga, and Palan Mulonda - were suspended for alleged misconduct just days before the hearing. These judges had previously backed Lungu in 2021, fueling speculation about political interference.
What's at Stake for Zambia?
At its core, this case is about more than Lungu's eligibility. It has become a referendum on Zambia's democratic institutions, raising profound questions about judicial accountability, constitutional interpretation, and the separation of powers. Constitutional lawyer John Sangwa, acting as amicus curiae, has warned that revisiting Lungu's eligibility could retroactively undermine the legitimacy of the 2021 elections, where Lungu's candidacy was a key factor.
If the court disqualifies him, it could cast doubt on the integrity of Zambia's electoral process. Conversely, if the court affirms Lungu's eligibility, it risks setting a precedent that some argue could weaken constitutional safeguards against political overreach.
The ruling will test Zambia's commitment to democratic principles and the rule of law, and for Lungu, it could be the ultimate reckoning - a final chance to return to the political stage or a definitive end to his presidential journey. Either way, the ruling will leave an indelible mark on Zambia's political landscape. The eyes of the nation - and the world - are fixed on Lusaka as the Constitutional Court prepares to make its momentous decision.
Source - online
