Dissenting Judge In Lungu Petition Receives Backing

By DARIUS CHOONYA

Former Law Association of Zambia (LAZ) President Eddie Mwitwa has called for the protection of constitutional court Judge Professor Margaret Munalula over her dissenting judgement when her majority colleagues ruled President Edgar Lungu is eligible to contest the August 12, 2021 general election.

In an interview with Diamond News, Mr. Mwitwa says Prof Munalula’s dissenting view on the matter should not be a subject of criticism because every judge is constitutionally obligated to have an independent mind.

And Lusaka Lawyer Kelvin Bwalya Fube has also urged people to respect the views of Prof Munalula saying her dissenting view may be the correct interpretation of the law.

On Friday, Attorney General Likando Kalaluka had expressed worry on the dissenting judgement because in the earlier judgement in the Danny Pule and Bampi Kapalasa case on the interpretation of what constitutes a full term of office, there was no opposing views.

In this matter, Legal Resource Foundation Limited, Dr Sishuwa Sishuwa and Chapter One Foundation Limited had challenged President Lungu’s nomination to contest the general election for allegedly contravening Article 106 (3) of the Constitution which bars a presidential candidate to run for a third term.

This article originally appeared on Zambian Observer