The Law Association of Zambia (LAZ) has closely observed the developments surrounding the eligibility case of Michelo Chizombe v. Edgar Chagwa Lungu and Others (2023/CCZ/0021) before the Constitutional Court. The case has generated significant public interest, especially following the judgment delivered today. The Constitutional Court ruled that Edgar Chagwa Lungu, the first respondent, is ineligible to contest any future elections due to having already served two terms as president.
This decision departs from earlier judgments in cases such as Daniel Pule and Others v. Attorney General, Bampi Aubrey Kapalasa and Another v. The Attorney General, and Legal Resources Foundation v. Edgar Lungu and the Attorney General, in which the court had previously ruled on similar constitutional questions. While LAZ acknowledges the potential risks of fluctuating decisions from an apex court, which may undermine public trust in the judiciary, the association strongly affirms that the ruling of the Constitutional Court must be respected by all citizens.
Under the Constitution of Zambia, particularly Part 8 of the Constitution of Zambia (Amendment) Act No. 2 of 2016, the judicial authority of the Republic resides in the courts. These courts are entrusted with the responsibility to interpret the law and have the final say on legal matters, including disputes related to the Constitution. Therefore, it is the duty of the Constitutional Court to settle such disputes, and once it has made a determination, all citizens have a corresponding duty to respect its decision.
The foundation of any democracy is built on the respect that citizens show for the institutions of governance, such as the courts. It is essential that, as a nation, we uphold this respect to ensure the continued stability of our legal and political systems.
At the same time, LAZ reminds the judiciary of the importance of exercising judicial power in a fair and just manner, as outlined in Article 118 of the Constitution. A commitment to these principles will ensure that public confidence in the judiciary is maintained, preserving the integrity of the legal system. This press release reflects LAZ’s commitment to constitutionalism, furthering its mandate under Section 4 of the Law Association of Zambia Act No. 31 of the Laws of Zambia.
While the public debate surrounding the eligibility of Edgar Lungu has been contentious, it is crucial that we respect the decisions made by our courts. A healthy democracy is one where the rule of law is upheld, and the judgment of the courts, even if unpopular, must be adhered to for the greater good of the nation.
