Friday, January 10, 2025

Citizens Have a Duty To Respect Decisions Of The Courts Of Law- LAZ

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Citizens have a duty to respect decisions of the duly constituted courts of law: LAZ reaction to the constitutional court Judgement in the Eligibitlity case of Michelo Chizombe v Edgar Chagwa Lungu and others 2023/CCZ/0021

The Law Association of Zambia (LAZ) has closely monitored the developments surrounding the eligibility case of Michelo Chizombe vs. Edgar Chagwa Lungu and Others -2023/CCZ/0021 before the Constitutional Court. We acknowledge the significant public interest generated by this case,including the Judgment delivered today by the Court.

By its Judgment, the Constitutional Court determined that Mr. Edgar Chagwa Lungu, the 1st Respondent is ineligible to contest any future elections having served two terms as President. This decision marks a departure from the Court’s earlier decision on the matter, specifically in the cases of Daniel Pule and Others vs Attorney General and Others, Bampi Aubrey Kapalasa and Another vs. The Attorney General and Legal Resources Foundation vs. Edgar Lungu and the Attorney General.

While we express concern about the potential risks of fluctuating decisions of an apex Court, which can invariably undermine public confidence in the Judiciary, LAZ firmly believes that the decision of the Constitutional Court must be respected by all citizens.

Under Part 8 of the Constitution of Zambia (Amendment) Act No. 2 of 2016, the Supreme law of the land given unto ourselves as citizens, judicial authority of the Republic which is derived from the people of Zambia is reposed in the courts of law, who have a final say on all mattes of legal interpretation.

It is, therefore, the duty of the Constitutional Court to settle disputes relating to interpretation of the Constitution. Having discharged its duty, in the eligibility case of Michelo Chizombe vs. Edgar Chagwa Lungu and Others -2023/CCZ/0021, all citizens have a corresponding duty to respect the court decision.

The foundation of our democracy lies in the respect citizens show for institutions of governance that we have collectively created for ourselves, such as the courts of law.

At the same time, in line with Article 118 of the Constitution, we strongly remind the Judiciary to ensure that judicial power is exercised in a just and fair manner. We trust that such an approach will foster accountability and preserve the public confidence that is essential to the integrity of the Judiciary.The press release on a matter of national interest, in defense of constitutionalism has been issued in furtherance of LAZ’s mandate under Section 4 of the Law Association of Zambia Act No 31 of the Laws of Zambia.

Lungisani Zulu
PRESIDENT

56 COMMENTS

    • How did you expect him to get a favourable judgement with those “witches”? bathing naked in the confines of the court. By the way where are those witches now? Iam sure they have been paid handsomely for helping to secure a “good” judgement for those people.

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    • The courts have done a lot of injustice lately. Are the justices not supposed to be fair? How is he eligible in 2021, loses elections and eventually be ineligible on 2026? Zambians can not respect the unrespectable. But Zambians always respect quiet diplomacy. The Zambian people always have a key pain point and mindful of their own final say: Don’t Kubeba. It was recoded as Watermelon with effective results.

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    • Duty yakuti? Theres police because we don’t have a duty. Stop addressing us Tell the police to enforce their stupid laws. Because they don’t enforce the laws any more. Locking up innocent tik towers, Jason banda the protestor who did not break any law, manning fake roadblocks targeting tourists. Ati citizens have a duty. Do you read law you lawyer?

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  1. Most of us do respect the law However for somtime now there appears to be 2 laws One for the haves and one for the have nots

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  2. What about govt officials, what are their duties? To make bad laws? It is not the duty of citizens to obey unjust laws! In fact it is the duty of all citizens to defend the constitution and stop the perversion of our institutions.

  3. A Lungusani mlungise chabe imwe, osa wayawaya kwati mambala! As LAZ, you all knew Chagwa was ineligible but he screwed the court when in power to give him his own desired verdict. And you shut your mouths. You Zambian lawyers are all shameless charlatans.

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    • Useless lawyers for sure………

      What kind are they to not point out this ambiguous constitution when it was being written ???

      Zambian lawyers only know how to interprete the law wrongly take money……..

      FWD2031

    • Yes Zambian lawyers have never participated in tabling our constitution. In fact they are always very silent when a law commission is appointed. They suggest nothing and argue nothing. They know fully well when the constitution passes its time for El dorado! It will be raining money as opposition challenges this and that. Look at how we have lived with the wrong version of defamation since The Hour came. If they had been learned and duteous lawyers they would have spotted which laws were out of step with Democracy. But the entire Judiciary lawyers and legislature dozed off until someone told them “we cant have Presidential defamatory law in a democracy

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  4. It’s tough for Chagwa, with all the court cases looming over “chigurumutu kano lunye lwakwa Noah. Instead of preparing for Plot 1, he should get ready for Chimbokaila or Mukobeko.

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    • This sort of talk will get us nowhere he is a one man band and no difference really to HH they have their opinions on the way forward on no one will change that …
      to be incarcerated will never happen Its just fanning the fire

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  5. We have bigger problems to sort out then to
    Continue with this.lets focus on economy,
    Loadshedding and the rest.we will talk about
    Election in 2026.

  6. even if it goes against the people it intends to serve…
    hello, what is the meaning of democracy? why hide behind the constitution that you don’t really follow?
    our judicial system is not independent as the branch of the government, too much political interference, fear and lack of transparency.

  7. The constitution of Zambia has spoken well through our courts.
    Hopefully, this syndrome which occurred should never be entertained in the future of our country.
    Yes, it can be exciting to have a a workmate become the President of Zambia. Importantly, it is very important to remember the laws of the country.
    It is totally wrong and imbecilic to start misusing once former workmates.
    These things have happed in our own eyes.
    Are we still doubting about a clause that bars someone, resigning especially in Government and immediately stands for presidency?

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  8. Judgement is of little consequence to the common man. Who ever is President, the lives of the common man continues to wallow in poverty especially after 1991 after that privatisation that gave birth to millionaires.

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    • Bollocks nothing to do with privatisation
      that was the best price at the time
      Said before when KZ was ranting and raving my relative got shops for K28,000
      he was just a humble unknown man

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  9. The right thing for lungu was to be clearing his name of corruption allegations, not…….

    Trying to manipulate and interpret a constitution that has multiple interpretations depending on who you are………..against common knowledge of being sworn in twice……..

    FWD2031

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  10. Lungu should have been beaten defeated at the ballot box. Not this. Infact now he has more ammunition than he had before. Let’s not be cowards, but face off or opponents squarely in the ring. We don’t want street fights. Oh, the referee swallowed the whistle.

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  11. I think people we should learn to appreciate our creator the Almighty, the big man was given the job by God on a silver plate without even fighting for it. When he lost the election in 2021, he should have just gone to his farm to enjoy the remaining part of his life rather than to be embarrassed like this. Let him just accept that his time is over and as Zambians we thank him for bringing us the following:

    (1) Massive infrastructure (Improved airports, roads and others)

    Equally even the current group is also doing a good job, look at (Ndola – Lusaka dual carriage way, Chingola Kasumbalesa, Makish road, Chibuluma road (Kitwe))

    Just take a rest sir you have ran your race, those misleading the big man I say stop it allow H.E.ECL to rest enough of that please.

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    • Why should he have gone to his farm, who determines for others when they should be going to their farms. Let ECL rest when he wants, we cannot be given him prescriptions when somebody has to rest, that is done by the ballot. Can we give you a prescription to rest from posting on LT. We are in a democracy please

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    • Aini he is busy asking ECL to rest, him who is saying that is not resting posting on LT. Let people make personal decisions, I am not a fan of ECL but I cannot stop his aspirations .

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    • The “massive infrastructure projects” were done on borrowed money, the majority of which was looted. The resulting US $32 billion in foreign debt is why there is poverty in Zambia.

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  12. The rights of Zambians are being eroded. Now they can not choose a leader of their choice because of the decision of the kangaroo court! These to@g@s have taken away the food, the electricity, jobs, freedom of speech. All they have brought is oppression and slavery. Zambians should put a stop to all this torment and ethnic cleansing. Enough is enough!!

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    • THis is the worst panel of judges we have ever had in Zambia. Always only thinking of where their next meal will come from?

  13. Yes citizens must respect the judgment, but like Dumbo nifuna kufunsa just one thing….are those judges not citizens? If they are citizens they also have the duty of respecting the original judgement.

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  14. Well and good. How judicature is perceived by citizens is also equally important. Reversal of earlier court ruling needs to be based on consistent jurisprudence. When an aspiring candidate is barred form standing, then a precedent is set. Namely, that certain strong candidates could be perceived as threat by executive wing (including party cadres) to holding office. As a result, executive could prevail over judicature, thereby reducing judicature to appendage of judicature. The court ruling needs to protect rights of aspiring candidates, regardless of political affiliation. In this way, voters elect leaders on the basis of one man one vote

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    • “As a result, executive could prevail over judicature, thereby reducing ‘executive’ to appendage of judicature.”

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    • Doc perception is relevant. If perception mattered you would heard an outcry. People would be in the streets hence the airing of the Judgement. People really dont care right now.
      They realise that Lungu is a lair, Mwamba is a propergander tool.
      Maslow will explain what people are focusing on. Lungu wont solve their problems even if elected today. He will be too busy sorting out his personal crimibal cases, just like Trump is right now.

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  15. Kaunda alala, Kaunda alala we went celebrating when high court confirmed that KK was not eligible to stand for Zambian presidency.
    Akashambatwa Mbikusita Lewanika petitioned the election of Frederick Chiluba as president on account that the man was not a Zambian.
    The court ruled that anyone who was found in Zambia on 24 10 1964 automatically became a Zambian. But Kaunda was not only found in Zambia on that date but actually obtained the independence from the British empire.
    Our courts are rotten to the core.
    I wish Aka had petitioned just before the election.

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    • So you think KK should have ruled for another 27 years with UNIP and we have to get tax clearance certificates to own a US dollar, hoard mealie meal etc? That’s just delusional. Times change and the past cannot be kept as the present

  16. Is it government officials that make the laws or Parliament? Please understand who, what, when, how and why. Before you speak.
    Take time to read. Listen. Then do your critical analysis.

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    • Well government is part of it. Bills come from government most of the time and the front bench is involved in the debate. Flawed system or not, cabinet leads lawmaking in Zambia

  17. President and Former President have duty number one not to entertain intimidating former workmates in government.
    This is the situation which was pertaining. Now the workmates or rather the court has rectified the situation.

  18. The Constitution has only one interpretation and that is the one with sense of belonging, because human beings have only one sense of belonging and that is how the constitution is interpretated. Any other interpretation is playing with the words and when you play with words, the front and the back become interchangeable. And the middle I know not.

  19. In the earlier judgements on the same court Lungu was eneligible but the HH camp didn’t respect the judgment and made a number of appear until they formed government and the judgement has gone in there favour. So the HH camp is asking people to accept the judgement and not challenge it. Mmmh

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  20. During altercation in the Western Province during kuoboka ceremony, it was Lungu who was wrong by leaving his official route and then followed the opposition HH’ route and over took HH convoy. It is now Time to subtract biological immunity from his adaptive immune response, being the main cells responsible for humoral immunity.

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