By Burnett Munthali
The Constitutional Court of Zambia has ruled that former President Edgar Lungu is ineligible to contest any future elections under the current Constitution, citing Article 106. However, the court also clarified that Lungu was eligible to run in the 2021 elections, which he participated in but ultimately lost.
The court’s ruling stems from a legal challenge that questioned whether Lungu could seek a third term, a matter that has sparked significant debate in Zambia’s political landscape. Lungu, who served as president from 2015 to 2021, had been widely believed to be eyeing a return to the presidency in 2026, despite objections from various legal and political quarters.
Article 106 of the Zambian Constitution limits a president to two terms in office, but the legal dispute revolved around whether Lungu’s time in office should count as one or two terms. The Constitutional Court ruled that although Lungu served two full terms, his first term (2015-2016) began after he was appointed following the death of his predecessor, Michael Sata, rather than being elected. The court concluded that this did not count as a full term, thus allowing him to contest the 2021 election.
However, the court’s ruling has now clarified that Lungu cannot stand in any future elections, as the provision prohibits a president from serving more than two terms in office. This final decision resolves a longstanding issue regarding the interpretation of presidential term limits in Zambia.
The ruling has significant implications for Zambia’s political future. Lungu’s legal team expressed disappointment with the decision, while his supporters argued that it was politically motivated. Nonetheless, the court’s decision aligns with the constitutional limits set out for presidential office holders in Zambia.
Zambians will now focus on whether the political landscape will shift in response to this decision, as Lungu’s potential return to politics had been a point of contention among various factions, including within his own party, the Patriotic Front (PF).
The ruling underscores the importance of adhering to constitutional provisions in upholding democratic governance and ensuring the peaceful transfer of power in Zambia. With the decision now set in stone, the country can look ahead to future elections, with the focus now shifting to the next generation of political leaders.
