08/02/2025
THEY ARE STILL ON LUNGU , WHAT KIND OF CREATURES ARE THESE ?
Kalusa petitions ConCourt to proceed with legality of 2016 presidential swearing-In case
A PRIVATE citizen Nkulukusa Kalusa has petitioned the Constitutional Court to refrain from dismissing his case, which seeks clarification on the legality of the 2016 swearing-in of former President Edgar Lungu and his vice president, Inonge Wina.
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Kalusa’s petition, filed against Attorney General Mulilo Kabesha, questions whether the two officials were duly elected and properly sworn into office during the 2016 election.
Kabesha earlier dismissed Kalusa's applications on grounds that he did not produce in his affidavit a copy of the oath of office which he alleged was administered by the chief Registrar.
The attorney general said Lungu and Wina were properly sworn in by the Chief registrar under the observation of the late Chief Justice Ireen Mambilima hence the process did not contravene the Constitution when he did not hand over power to the Speaker of the National Assembly because the law did not require him to do so.
"It is our submission that our answer of the first question has demonstrated that there was no breach of the constitution when he did not hand over power to the speaker during the hearing of a presidential petition of the initial ballot."
"That in the premises,I verily believe that the matter herein ought to be dismissed," Kabesha submitted.
However, in his submission, Kalusa urged the court not to dismiss the case, as suggested by Kabesha, but to instead determine the matter based on its legal merits.
He argued that his advocates had advised him that when an election petition is filed against an incumbent President-elect, the law mandates that the Speaker of the National Assembly assume executive functions until the election petition is resolved.
Kalusa emphasised that the Chief Registrar has no legal authority to swear in the President and Vice President, or administer their oaths of office.
By Lucy Phiri
Kalemba February 8, 2025