Eligibility of President Lungu to contest 2021 elections

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President Lungu at State House

By Simon Kabanda

Clause (3) should not be read in isolation of Clause (6) because Clause (6) explains the purposes of Clause (3), as follows:

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

Clause (6)
“If the Vice-President assumes the office of President, in accordance with clause (5)(a), or a person is elected to the office of President as a result of an election held in accordance with clause 5(b), the Vice-President or the President-elect shall serve for the unexpired term of office and be deemed, FOR THE PURPOSES OF CLAUSE (3)—

(a) to have served a full term as President if, at the date on which the President assumed office, at least
three years remain before the date of the next general election; or

(b) not to have served a term of office as President if, at the date on which the President assumed
office, less than three years remain before the date of the next general election.”

What it means is that President Edgar Lungu is deemed not to have served a term of office as President from 2015 because at the date he assumed office on 25 January 2015, less than three years remained before the date of the next general election which took place on 11 August 2016.

His first term therefore runs from 2016 to 2021.

Constitution of Zambia (Amendment) No. 2 of 2016

Article 106

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

Clause (6)
“If the Vice-President assumes the office of President, in accordance with clause (5)(a), or a person is
elected to the office of President as a result of an election held in accordance with clause 5(b), the Vice-President or the President-elect shall serve for the unexpired term of office and be deemed, FOR THE PURPOSES OF CLAUSE (3)—

(a) to have served a full term as President if, at the date on which the President assumed office, at least
three years remain before the date of the next general election; or

(b) not to have served a term of office as President if, at the date on which the President assumed
office, less than three years remain before the date of the next general election.”

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One Response to Eligibility of President Lungu to contest 2021 elections

  1. Which constitution was in force in 2015? This is the question the constitutional Judges should have answered. They ignored this in order to satisfy the person who threatened them while in Solwezi. Was that contempt of court?

    kanwakahosha
    December 11, 2018 at 5:03 pm
    Reply

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