President Lungu Faces Constitutional Court

President Edgar Lungu of the Patriotic Front (PF) faces the Constitutional Court after Chapter One Foundation have filed a second petition against him.

This petition is against Mr Lungu for assenting to the Correctional Service Bill no.35 of 2021 after his parliamentary mandate expired following the dissolution of Parliament 90 days before the election.

As the law was not enacted by the Parliament of Zambia, Chapter One Foundation argue that is is thus null and void.

The Bill enables well behaved inmates to go home for a fortnight as well as allowing prisoners to be released from jail on a special license aside from being pardoned.

Chapter One Foundation are also seeking an order of certiorari that the Zambia Correctional Service Act no.37 of 2021 to be quashed.

The Foundation have said that after the dissolution of Parliament, until the President-elect assumes office of President, in accordance with Article 104 of the constitution, the Head of State can only continue to perform the executive functions of the Republic.

This includes tasks such as appointment of ambassadors and high commissioners as well as signing international agreements and treaties however there is not provision for the implementation of new law whilst parliament is dissolved, under the constitution.

The Foundation thus said that “after the dissolution of Parliament on May 13 2021, President Lungu’s legislative authority conferred by Article 63(1) of the Constitution to assent to Bills passed by the National Assembly expired.”

As a result, President Lungu has breached Articles 81(8) and 92(2) of the Constitution when he passed the Zambia Correctional Service Bill no.35 of 2021.

The first petition which Chapter One Foundation filed against the President questioned his eligibility to run for a third term as President, with the constitution only allowing for an individual to serve two terms in office, which Mr Lungu has already carried out.