Today, Zambia witnessed a pivotal judicial moment as the Constitutional Court (ConCourt) delivered its final judgment, declaring former President Edgar Chagwa Lungu ineligible to contest the 2026 elections. This decision has sent ripples across the nation, invoking both relief and outrage among different factions of the populace. The ruling underscores key legal errors made in the past, demands acceptance of the outcome, and forces the nation to confront its judicial history with sobering clarity.
The core of the judgment lies in acknowledging significant mistakes made by the ConCourt and the Electoral Commission of Zambia (ECZ) in the 2021 elections. Lungu’s candidacy in that election, while accepted at the time, was based on flawed legal interpretations and administrative oversights. ConCourt’s earlier rulings validated his nomination and ECZ’s acceptance of his qualification documents. Yet, today’s ruling implicitly admits these were made “per incuriam” legal decisions rendered without full consideration of the relevant facts or law.
Despite the errors leading to Lungu’s candidacy, the ConCourt has emphasized that the 2021 elections remain legally and constitutionally valid. This means there is no ground for a by-election, as the elections were not rendered void by today’s decision. For better or worse, Zambians must now live with the consequences of the judiciary’s past missteps.
The court’s ruling today reflects an evolution in its understanding of the Constitution, marking a departure from its earlier stance. However, the judgment avoided tackling the doctrine of res judicata the principle that once a matter has been judicially decided, it should not be reopened. Critics note that failing to address how the court departed from its previous decisions raises questions about consistency and legal finality.
Furthermore, the issue of locus standi the legal standing of the petitioner to bring the case—was left unaddressed. Observers have questioned why other presidential candidates from the 2021 elections were not part of this petition, a point that could have influenced the case’s scope and perceived impartiality.
Today’s ruling, while contentious, is unequivocally final. By declaring Lungu ineligible for 2026 but eligible in 2021, the court effectively admitted its own error while signaling a willingness to correct course. Zambians are now urged to accept the decision and move forward, with the understanding that the judiciary has reached its ultimate conclusion on this matter.
This judgment sends a message about the limitations of legal systems and the fallibility of even the highest courts. For supporters of the ruling, it marks a step toward safeguarding constitutional principles and ensuring leadership rotation. For critics, it highlights judicial inconsistencies that risk undermining public confidence in Zambia’s democratic institutions.
Today’s ruling on Edgar Lungu’s eligibility is as much a reckoning with the past as it is a statement about the future. While the decision closes one chapter in Zambia’s political history, it opens new discussions about the role of judicial accountability, electoral integrity, and constitutional clarity. Moving forward, the nation must grapple with these lessons to build a more robust democratic framework.
Clive Habeenzu
our staple
Honestly Habeenzu, this article is useless, you just wanted “kulimonesha ta”. In as much as I agree with the decision, you should have quoted the provisions of the constitution that were glossed over by the earlier verdict and how so! And only after then would you proceed to give the correct interpretation arriving at the new correct verdict. But the thing about you Tongas is you just support anything that works in favour of HH even at the expense of looking ridiculous. It’s like how Luapulans thought the economy under Chabala Kafupi was flourishing, even when their nearest comparable to an economy is Zaire, where there is none!
Who is this Chabala Kafupi you are hallucinating about?
The judgement was flawed. PERIOD! how does one respect and accept it?
This is a very well written piece.
LT please do not publish the pathetic absurdities of a Emmanuel Mwamba on the topic.
We are non-partisan we post what we receive. Thank you.
What you like today as good news may as well be so bad to others’ comprehension. News makers are so broad and may still include Mwamba, Kawana, Liswaniso, Mumbi Phiri. BlackMuntu, take your hate elsewhere. Make up on healing.
@Lusaka Times Editor: you “post what you receive” so you publish everything? That’s where the problem lies. That Assad story should nt be passed to us readers because you post what you receive.
There’s no publication on earth that publishes everything. Like any business You can’t target everyone. Unless you’re too lazy to edit. Too lazy to have a housestyle. Too lazy to determine your target audience. That article on Syria is an embarrassment
@Journalist, thank you for your feedback, which we value as it helps us improve. Allow me to clarify: when we say “we post what we receive,” it does not mean we publish indiscriminately. We strive to uphold journalistic standards, ensuring that content is newsworthy and aligns with our mission to inform and engage readers.
Every piece goes through a vetting process, and while we aim to cover diverse topics, we acknowledge the need for refinement in areas like audience targeting and editorial tone. Constructive feedback like yours motivates us to refine our approach further. We appreciate your understanding and continued engagement with our platform.
Mamba is an identified entity unlike you! So he is a more legitimate source of news than someone who can not be identified
As an Attorney in Zimbabwe, I am proud of Zambian Judiciary in handling this matter professionally. It’s important to respect court ruling whether it’s bad or good, just or unjust. Proud of our neighbour in allowing its Judges to deliberate on it’s own home problems. Though legally its a case that will give academics a lot of research and scrutiny. Well done.
Progress Maringamoyo
(Zimbabwe Attorney)
Progress, have you looked at the History of this case? Clearly No. How does the same court come to different conclusions on a political issue in different political eras? Thats easy for any Zimbabwean to answer.
Elyo Biii!
Because lungu abused the constitution, the judges and the ECZ when he was president……….
No one in the judiciary could cross lungu, we remember how he threatened them…….
FWD2031
@Spaka I have to borrow your own words: so now the judges have to agree with HH “Because HH is abusing the constitution, the judges and the ECZ when he is president……….
No one in the judiciary can cross HH, we know how he threatens them”
Mmmmmmm
This judgment sends a message about the limitations of legal systems and the fallibility of even the highest courts. For supporters of the ruling, it marks a step toward safeguarding constitutional principles and ensuring leadership rotation. For critics, it highlights judicial inconsistencies that risk undermining public confidence in Zambia’s democratic
ONLY THOSE INVOLVED KNOW THE TRUTH.
AS FOR EDGAR LUNGU, TAKE A REST OTHERWISE YOU MAY DIE DUE TO WORRIES.
And when someone told your laws have lacunas you laughed.
They say one word is enough for the wise.
Just Mr. Lungu his obsession with HH will lead him to chainama. Lungu is a kelepomanic just like the many that surrounded him. Convinced themselves that they were not steal. Now God has visited them
What is a kelepomanic?
All i know is that we Zambians love peace and that we appreciate everyone effort to uphold that. manje adada should rest and enjoy his money. Its good for his health, he did his part we accepted him and loved him. Let work hard and improve our lives no leader will do that for us…the environment is fair to do buisness…those who emotional over this issue pls go to court.
Seems as though Clive wrote this article way before this day….not even a single quote from the judges or a reaction noted from the general public. We can do better than this
You can also Write your own article.
The court went out of its way to ensure not to upset the current status quo by carefully treading on Lungu’s ineligibility. Only to KO him out of the next election but not the last one.
If Lungu had been found ineligible in the past election the court would be asking us for another election. The court knew HH would currently lose a bye election as he is very unpopular in 7 provinces. So the white wigged colonial judges ensured they delivered Community House a cake with most of the rotten raisins removed
Kikiki…sometimes introspect is better than the lies we make to convince ourselves.
Can zambia afford another presidential election at this precarious time ????
sometimes the good of the country comes before everything else……
FWD2031
I am interest to have access to the constitutional court document .
Am still behind with the matter and I have a few questions over the final judgements
Thank you
Google it. Its already there. Read it, and listen to the full judgement again. It will be interesting that you will learn how even that document can give Lungu grounds for appeal.
The irony of the law.
@Lusaka Times Editor: you “post what you receive” so you publish everything? That’s where the problem lies. That Assad story should nt be passed to us readers because you post what you receive.
There’s no publication on earth that publishes everything. Like any business You can’t target everyone. Unless you’re too lazy to edit. Too lazy to have a housestyle. Too lazy to determine your target audience. That article on Syria is an embarrassment
If I may ask, what does removing ECL from the ballot mean for the Nation?
Nothing. Cause he isnt God. There so many potential leaders out there. People with the ability and character that Mwanamwasa had, HH has. But Zambians are to busy frustrating the obivious and their own development cause its easier to destroy than it is to build.
When you look at Policy. Which Opposition candidate has better policies? And not the “fly by night stuff”. None. HH isnt perfect but by far has the best trajectory for Zambia, the rest are just waffling. I thought the NHP President would have something serious to offer as an opposition, but she doesnt is quiet. Why? Cause she has nothing better to offer.
It means we are one tyrant down but unfortunately there still is one in community house
Well Spoken. Habeenzu. Bishop Doctor Jericho Sikwiilala
Even without Edgar we are still smelling change. Edgar wasn’t the problem but the problem isn’t tackled yet and Zambians will sort it out even if it means being ruled by a mad man. Don’t worry we are coming for you
Like the Americans? Gee! That is dangerous
Its that kind of reasoning that allow Edgar to misrule to begin with. We hate without knowing or understanding why we hate.
Guy Scott was hated in PF and most of the PF members dont know that he and Michael Sata created PF. His own money. Yet he was hounded out like a dog.
Ask yourself what Guy Scott did wrong? The colour of his skin? Then we are worse “bigots” than the white racist. We are hypocrites
If you hate HH so much. Have a rational reason for doing so. Dont use dog whistle tactics because the means to which you used to steal have been closed. Have the moral courage to realise that what you were doing was criminial and reform to find an honest way to support your family. Kelvin Sampa and his antiques is a perfect example of what I speak to. A man who thought swindling people was a means to make a living; until it caught up with him. Have morals. Have a conscience that this is wrong, this is right. And stay away from the wrong. The bible is very clear what happens when your keep choosing wrong.
Double standards our judicial system
Any Standards at all?? None
President Lungu can still stand if he uses the US as an example for Democracy. The US president has been re-elected with pending court cases which include serious offences which barred him from being a candidate. So technically, president Lungu could side with the Trump administration to remove the rad1c@l left in Zambia. “just an observation”.
Pls dont mislesd us. The law is different. You can only SERVE as President twice in the US. You can stand as many times as you want but serve twice.
Their law is very clear. There is an inconsistence in your laws in Zambia. And those inconsistences make interpretation difficult. This is why the Judge had to go back to the technical reports of the drafters of the constitution in 2016 so that he could infer what the “framers” of the constitution were trying to say.
When HH speaks of lacunas in the law. These were some of the issues he was taking about and you all laughed at him. Well its now coming to bite you.
Ignorance and the inability to sense wisdom is a crime.
1. the doctrine of res judicata was addressed when the court suggested that it was the apex court.
2. As for the reopening of the matter, any court Judgement can be revisited. As long as the facts are not the same. You can not relitigate the same facts. So to suggest and apply the word ” loci standi” too is wrong.
Maybe revisit your understanding of the law. Read the judgement again. And Mr. Lungu can bring the matter before the same court again and win. But the balance of probability is zero as may lack a sound basis.
Comment:those that followed the judgement,I ve just learnt that all constitutions,amended,repealed all work togather,ECL’s first term was based on the 1991 constitution where a term can be days or months and refferences were made from zimbabwe and britain.HOWEVER IT’S IMPORTANT THAT WE CHANGE THE APPOINTMENTS OR SELECTION OF JUDGES,WE NEED A TO AGREE AS ZAMBIANS WHO CHOSES JUDGES,OTHER THAN THE PRESIDENT.
That’s very true. The president can’t have power over every appointment as if he is God. We removed Kaunda but didn’t remove his powers and so we have ended up with other dictators
Parliament can oversee the appointment of judges. Oversee, not appoint. An independent board apointed by Parliament should appoint
A person who has held the office of Presido twice is ineligible! This is good no more resetting of the clock even if the constitution is changed midway in office…
Why cant we say a person who has been elected twice to the Presidency cant be RE-ELECTED . Wont it be more clear?
In Zambia each dictator makes his own constitution his own laws
Make your own laws, chiefs have been doing this for years but you prefer to be confused with the Muzungu laws. Wake up man.
Kikikikiki!
The law cannot be applied in retrospect, no matter how craft u may be in playing with the constitution of the country, the judgement was as clear as water stating that the law that applied when being ushered into office is the same law that apply.
Its time for our beloved former presido ecl to go and rest and enjoy his amassed wealth. He did his part. He left a legacy that is hard to forget. Let him give others also time to do their own.
It is not Chiefs who have been making traditional laws, but indunas.