lawyers, we are confused that ConCourt is hearing ECL’s eligibility case – KBF

By GIDEON NYENDWA

THE law fraternity is confused and shocked that the Constitutional Court has decided to hear Zambia’s Sixth President Edgar Lungu’s eligibility case after having presided over the matter several times before, especially that the petitioner, Micheelo Chizombe has no locus standi to do so, Kelvin Bwalya Fube has said.
Mr Bwalya, the president for Zambia Must Proper (ZMP) says lawyers have been left confused as to why the matter of former President Lungu’s eligibility was back in the Constitutional Court after having been heard four times before with the same outcome.
Mr Bwalya said he was curious to know the question the Constitutional Court would be answering to on December 10, 2024 on the eligibility of Mr Lungu because the matter was not new as it had been settled with finality before.
He said it would be interesting to know the new evidence that Mr Chizombe presented before the court for them to reopen the eligibility case.
“I’m quite worried right now because I am not even clear as to why this case is in court again today. I am not sure. I have been reading, following, analysing by looking at different angles and the Constitution has not been changed so what is fresh and new? I’m at a loss,” Mr Bwalya said.
Mr Bwalya said people would want to know the basis on which Mr Chizombe wanted the matter to be revisited, especially that he was not even a presidential candidate and was not running for any office.
He said the person who moved the court never participated in the election and people would love to know how he was prejudiced and the questions that he wanted the court to re-examine.
Mr Bwalya said his fear as a lawyer was that should the courts would start flip-flopping on their decisions, then the issues of the law would become a burning issue.
He said Zambians were used to finality and if cases were going to be reopened simply because there was a change of personnel, the nation had all the good reasons to be worried.