Publication Date
11-2024
Abstract
This piece examines the Zambian Constitutional Court's decision on former President Edgar Lungu's eligibility to contest future presidential elections. The Court ruled Lungu ineligible, based on the application of Article 35 of the Constitution of Zambia, which was in force during his first term. The authors highlight the national significance of this case, particularly its impact on the 2026 presidential elections and its potential to reshape opposition politics. The commentary further explores the power of an apex court to depart from its own precedents, affirming the Constitutional Court's inherent jurisdiction to do so under exceptional circumstances, aligning with practices in other common law jurisdictions. Additionally, it offers a critical analysis of the Court's reasoning regarding Lungu's eligibility in the 2021 elections, arguing that his ineligibility should have applied even then as well, without disrupting the election outcome, through the doctrine of prospective annulment.
Recommended Citation
Kaaba, O'Brien
(2024)
"Adjudication of Presidential Term Limits in Zambia: A Comment on Michelo Chizombe v. Edgar Chagwa Lungu and Others 2023/CCZ/0021,"
SAIPAR Case Review: Vol. 7:
Iss.
2, Article 5.
Available at:
https://scholarship.law.cornell.edu/scr/vol7/iss2/5
