Why President Lungu is eligible to contest 2021 polls

Filed under: Politics,Special Comments |

President Lungu with PF Secretary General Davis Mwila

By Justin Mupundu

President Edgar Lungu‘s eligibility to context 2021 polls debate is around political and not legal issues.

First and foremost, President Lungu’s critics deliberately orchestrated the so-called ‘Third Term Debate.’

However, President Lungu will seek a re-election for a second term in 2021 and not a third term as his critics has deliberately misinterpreted the Constitution’s Article 106(3).

Article 106(3) says: “A person who has twice held office as President is not eligible for election as President.”

 

But although, President Lungu was first elected in 2015 after the demise of President Michael Sata, Article 1016(3) does not bar him from re-contesting 2021 polls.

The spirit of Article 106(3) captures a scenario in which the incumbent President was first elected in 2016 polls.

But the law in question, which did not exist before January 5, 2016(when President Lungu appended his signature), does not recognize 2015 election victory as President Lungu’s first term of office.

However, the new Constitution recognizes 2016 election victory as President Lungu’s first term of office.Therefore, Lungu is eligible to re-contest 2021 polls as his second and not third term of office.

Secondly, President Lungu’s critics orchestrated the so-called ‘Third term debate’ to influence public opinion, and agitate for his exit from active politics as a smooth transition for regime change.

The matter is a straight forward case that would not have been taken to Court for interpretation.

The author is a Media consultant and a political analyst

5 Responses to Why President Lungu is eligible to contest 2021 polls

  1. Whatever the case, he is not a sound leader! All these corrupt practices ambulances, fire machines, inflated road contracts and reports from auditor general of stollen money, arresting people on trumpled up charges, using police for personal ends, amassing of personal wealth, intimidating judiciary, and many more malpractices vividly seen by all zambias not to be evidence of good leadership.

    shema israel
    November 14, 2017 at 2:12 am
    Reply

  2. It doesn’t matter whether he is eligible or not. what matters is whether he has the intellectual capacity to develop the country.thats up to to you to assess

    Chama
    November 14, 2017 at 7:27 am
    Reply

  3. Catch phrase boss… But although, President Lungu was first elected in 2015. so he has been elected twice to the presidency. FINITO

    DePal
    November 14, 2017 at 7:37 am
    Reply

  4. It’s says, he has served 2 terms, chapwa, ifyo ulelanda tafikwete inchito.kuya bebele, he is useless.

    John kabengele
    November 16, 2017 at 2:45 am
    Reply

  5. When someone is detained and remains in prison until such a time when his case is heard, a judge passing sentence of four years in prison will take into account the time already served. The constitution talks mof one who has been elected twice as president. When Lungu was signing the constitution he was recognized by the constitution as an elected president. So in 2016 he was seeking re-election.
    It is very clear. I don’t understand why you cannot get it.

    John Major Phiri
    November 16, 2017 at 4:06 pm
    Reply

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