This is in a matter in which four PF-aligned opposition leaders have petitioned the Constitutional Court to determine whether or not President Lungu is eligible to go for a third term of office in 2021. The four are Danny Pule of the Christian Democratic Party, Wright Musoma of the Zambia Republican Party, Peter Chanda of the New Congress Party and Robert Mwanza of the Citizen Democratic Party.
The UPND has tabled an application before the Constitutional Court to join President Lungu to case as the matter had nothing to do with his executive functions and its outcome would directly affect him.
But responding to the application, The Solicitor General argued before Constitutional Court judge Margaret Munalula that the President could not be joined and made to be taken to court because he has immunity.
Mwansa based his argument on Article 98 of the Constitution, which says a President cannot be sued because he has immunity for his official duties and decisions in his executive role.
And the lawyer representing PF Secretary General Davies Mwila also opposed to the application to have him joined to the case.
However, UPND Secretary General Stephen Katuka, through his lawyers, insisted that President Lungu and Mwila should be joined to the petition as the two had publicly declared that President Lungu was eligible to contest the 2021 general elections despite having already served two terms.
After hearing submissions from both parties, ConCourt judge Professor Margaret Munalula reserved ruling to August 15, 2017 on whether or not President Edgar Lungu will be joined to the 2021 presidential eligibility case.