Solicitor General opposes joining Lungu to ‘third term’ case

Filed under: Breaking News,Politics |

Solicitor General Abraham Mwansa has argued against the joining of President Edgar Lungu to his 2021 election eligibility case before the Constitutional Court, saying he enjoys immunity.

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.

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One Response to Solicitor General opposes joining Lungu to ‘third term’ case

  1. Hon.Marg,why waist time in passing ruling when u hv clearly heard the urguments frm both sides. Even a lay person can pass judgment in this simple to understand case. For once, uphold ur profession plz. Save the Zambians and not individuals. Dont go to consult!

    hipc
    August 9, 2017 at 8:30 pm
    Reply

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