The opposition Tonse Alliance has officially lodged a petition before the Constitutional Court, seeking to overturn its recent ruling that declared former President Edgar Lungu ineligible to contest future elections. The Alliance argues that the court’s decision was flawed and should be reviewed to ensure a just and accurate interpretation of Zambia’s constitutional provisions on presidential term limits.
In its petition, Alliance spokesperson Sean Tembo has cited Article 52(4) of the Constitution, which explicitly provides that any person has the right to challenge the nomination of a candidate within seven days of its closure. Furthermore, the article stipulates that once such a challenge is brought forward, the Constitutional Court is mandated to hear and determine the case within 21 days. Mr. Tembo contends that this provision underscores the importance of ensuring that any ruling affecting a candidate’s eligibility is subjected to thorough legal scrutiny within the prescribed constitutional framework.
A key argument presented by the Alliance is that the court’s decision to bar Mr. Lungu from running in future elections was made per incuriam—a legal term that implies the ruling was made in error due to the misapplication or disregard of relevant legal principles. Specifically, Mr. Tembo asserts that the court incorrectly interpreted Article 106(6) of the amended Constitution, which outlines the conditions under which a President’s time in office constitutes a full term. He argues that Mr. Lungu’s tenure from 2015 to 2016 should not have been classified as a full term, thereby making him eligible to contest again.
The Constitutional Court’s ruling, which the Alliance is now challenging, stated that Mr. Lungu’s time in office between 2015 and 2016 counted as his first term, while his subsequent tenure from 2016 to 2021 constituted his second term. The judgment, which was read out by Deputy President of the Constitutional Court, Justice Arnold Shilimi, referenced not only Article 106 of the amended Constitution but also Article 35 of the repealed Constitution, which governed presidential terms before the constitutional amendments took effect.
One of the most significant aspects of the ruling was the court’s decision to depart from its earlier rulings, stating that its previous interpretations had also been made per incuriam. The justices argued that Mr. Lungu’s first term—spanning from January 25, 2015, to September 13, 2016—was governed by the repealed Article 35, meaning it should be considered a full presidential term under the legal framework in effect at the time. This shift in legal interpretation led to the conclusion that Mr. Lungu had already served two full terms and was therefore ineligible to contest for the presidency again.
The Constitutional Court’s ruling followed a petition filed by a youth activist, Michelo Chizombe, who had sought judicial clarity on Mr. Lungu’s eligibility ahead of the next election cycle. Chizombe’s petition argued that allowing Mr. Lungu to contest again would violate constitutional provisions meant to prevent prolonged incumbency and ensure periodic democratic transitions. The court’s decision to uphold Chizombe’s argument has sparked intense political and legal debates, with opposition parties such as the Tonse Alliance now calling for a review and possible reversal of the ruling.
Legal analysts and political commentators have weighed in on the issue, with some arguing that the court’s ruling aligns with the principles of constitutionalism, while others believe it sets a controversial precedent that could be challenged in future legal battles. Meanwhile, Mr. Lungu’s supporters within the opposition argue that his first term was incomplete, as he took office in the middle of an election cycle following the death of President Michael Sata in 2014.
As the petition process unfolds, the Constitutional Court is expected to schedule a hearing to deliberate on the arguments presented by the Tonse Alliance. The outcome of this case could have far-reaching implications for Zambia’s political landscape, particularly as the country moves closer to the next general elections.
By Darius Choonya
