LAZ Weighs In On Third Term Debate

The Law Association of Zambia (LAZ) has added its voice to the third term debate, which has resurfaced during the past week ahead of elections scheduled for 2021.

The debate centres around the question of President Lungu’s ability to stand for a third term in office. LAZ President Eddie Mwitwa claims that the Constitutional Court has not confirmed President Lungu’s eligibility for the poll.

Clarifying the position, Mwitwa stated that the Court did not rule on President Lungu’s eligibility specifically and that there will therefore be an opportunity to contest the nominations prior to elections given that President Lungu was not a party to the previous court case.

The constitution includes a strict two term limit. However, there is a disagreement over whether President Lungu’s first term counts, as he served for only 18 months after elections in January 2015 which were prompted by the death of former President Michael Sata in 2014.

Among those to dispute the President’s eligibility are constitutional lawyer John Sangwa who has argued that because President Lungu has been elected twice he cannot seek a third term.

“When you read the language of the Constitution, it is very clear. The bottom line is President Lungu does not qualify to stand in 2021, the issue is as simple as that. The Constitution does not talk about the number of times you serve, it is the number of times you get elected… There is no provision for a third term in our Constitution!” Sangwa has stated.

Sangwa claimed that once President Lungu filed his nomination it can be challenged so long as the controversial Bill 10 has not been passed. Among its provisions are a repeal of the right to challenge the nomination of a presidential candidate. NDC leader Chishimba Kambwili has also disputed the President’s eligibility and warned the PF that it risks not having a candidate for the 2021 polls if it pushes ahead with President Lungu.

“Allow me to categorically warn all PF members and the very few sympathisers that remain of the PF that PF will have no candidate in the 2021 election if the party insists on adopting Mr. Lungu at its convention,” he has stated.

According to the former minister the court misdirected itself when it talked about the length of a term.

“Nobody took anybody to court to complain about the period of the presidential term. What people went to court for, was the fact that can a President who has been elected twice and sworn in twice, run for office?” he stated.

The NDC leader has also warned on the challenge presented by Bill 10 claiming, “The catch here is that PF is desperate to push Bill 10, the reason is in Bill 10, they want to remove one cardinal law which states that ‘anybody can challenge the nomination of somebody who has been nominated to run for Presidency’.”

However, PF Secretary General Davies Mwila maintains that the ConCourt has confirmed President Lungu’s eligibility. Home Affairs Minister Stephen Kampyongo has also stated President Lugnu wil be the PF candidate for the 2021 elections.