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…The Eligibility Case of Former President Dr. Edgar Lungu: Zambia’s Constitutional Crossroads because the World Awaits

By Thandiwe Ketis Ngoma

Zambia finds itself at a pivotal second in its democratic journey because the much-anticipated ruling on the eligibility case of former President Edgar Chagwa Lungu is ready to be delivered by the Constitutional Court on December 10, 2024. This case has captured nationwide consideration, because it holds important implications for the way forward for Zambia’s political panorama and the integrity of its authorized system.

The case has not solely stirred debate amongst political analysts, authorized specialists, and bizarre residents however has additionally rekindled discussions concerning the function of constitutional safeguards in selling political stability. The stakes are excessive, and the judgment may go away an enduring impression on Zambia’s democracy.

The Core of the Eligibility Debate

Former President Edgar Lungu

The central difficulty revolves round whether or not former President Dr. Edgar Chagwa Lungu is eligible to contest future elections. At the center of this case lies Article 106(6)(b) of the Constitution, which unequivocally states {that a} time period served for lower than three years doesn’t represent a full time period.

President Sata

Dr. Lungu assumed workplace following the loss of life of President Michael Sata in October 2014 and served as president till the 2015 elections. He subsequently received the 2016 elections for a full time period. The Constitutional Court has beforehand decided that the preliminary interval he served after President Sata’s loss of life didn’t quantity to a full time period. This ruling allowed Dr. Lungu to contest the 2021 elections, the place he misplaced to the present President Hakainde Hichilema.

Despite these prior judgments, the eligibility case has resurfaced, fueled by political maneuvering and fears of Dr. Lungu’s potential return to politics. The query now’s whether or not the court docket will uphold its earlier rulings or succumb to mounting political strain.

Judicial Precedents: A Test of Consistency

The Constitutional Court’s earlier choices have offered readability on the difficulty, establishing that Dr. Lungu’s eligibility aligns with constitutional provisions. Legal specialists argue that this consistency ought to information the court docket’s newest deliberation. However, the persistence of this matter—regardless of the absence of latest proof—raises issues about exterior forces trying to affect the judiciary.

Dr Patrick Matibini – Head of the Judiciary

A reversal of the court docket’s earlier rulings wouldn’t solely set a worrying precedent however may additionally undermine public confidence within the judiciary. Zambia’s authorized system depends on the notion of equity, consistency, and integrity. Any deviation from established rulings with out compelling justification would erode these pillars.

International Perspectives on a Reversal

Supreme court docket

If the Constitutional Court reverses its earlier rulings within the absence of latest proof, it should undoubtedly draw intense scrutiny from the worldwide neighborhood.

1. Loss of Judicial Credibility:
A reversal with out new information to warrant the choice will probably elevate questions concerning the court docket’s independence and the integrity of Zambia’s judiciary. It could possibly be interpreted as an indication of political interference, with the court docket succumbing to exterior pressures. Such a notion would erode Zambia’s credibility as a nation ruled by the rule of regulation.

2. Damage to Zambia’s Democratic Reputation:
Zambia has lengthy been thought to be a democratic beacon in Africa, notably for its peaceable transitions of energy and adherence to constitutional ideas. A questionable reversal by the Constitutional Court may tarnish this fame, signaling that even Zambia’s most important establishments are weak to partisan pursuits.

3. Increased Scrutiny from International Observers:
Organizations such because the United Nations, the African Union, and regional our bodies just like the Southern African Development Community (SADC) could view such a reversal as a troubling precedent. International human rights organizations and authorized advocacy teams may label it a setback for judicial independence in Zambia, resulting in heightened monitoring and potential criticism in world boards.

4. Impacts on Development Assistance:
International donors and growth companions usually tie their assist to democratic governance and the rule of regulation. A court docket choice that seems politically motivated may make Zambia much less engaging to overseas buyers and jeopardize entry to worldwide funding, notably in sectors that depend on institutional transparency.

5. Regional Ripple Effects:
Zambia’s dealing with of this case may affect judicial practices throughout Africa. A court docket choice perceived as inconsistent or politically manipulated could embolden governments in neighboring nations to undermine their very own judiciaries. Conversely, a good and constant ruling would strengthen Zambia’s place as a regional function mannequin for constitutionalism.

A Nation Waits

As December 10 approaches, the anticipation throughout Zambia is palpable. Citizens, political events, and worldwide observers will all intently scrutinize the court docket’s choice.

Will the judges reaffirm their dedication to constitutional ideas, or will political expediency overshadow justice? A reversal of the court docket’s earlier rulings may go away lasting harm, not solely by undermining public confidence within the judiciary but in addition by sending a damaging message to the worldwide neighborhood about Zambia’s democratic stability.

The duty earlier than the Constitutional Court is immense. Its choice should mirror the very best requirements of authorized reasoning and constitutional constancy. At this pivotal second, Zambia deserves a judiciary that stands agency in its dedication to justice, transparency, and the rule of regulation.

The consequence of this case will resonate far past December 10, shaping the nation’s political, authorized, and social cloth for years to come back. Regardless of the choice, the judiciary should prioritize equity and constitutional integrity above all else.

Zambia’s democracy hangs within the stability. The nation—and the world—awaits.