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Zambia court bars ex-president Edgar Lungu from seeking re-election

Edgar Lungu

Former Zambia's President Edgar Chagwa Lungu.


Photo credit: Carlo Allegri | Reuters

Former Zambian president Edgar Lungu's plans for a dramatic political comeback have been scuttled by a court ruling that he is ineligible to run for another term.
The ruling on Tuesday closes the door on Mr Lungu's planned challenge to incumbent Hakainde Hichilema in 2016. 

He had announced his return to politics last year, but youth activist Michelo Chidzombe managed to convince the court that the lawyer's second and final term in office under Zambian law was between 2016 and 2021.

The judgement, delivered by Constitutional Court deputy president Justice Arnold Mweetwa Shilimi, said Mr Lungu's first term as president from 2015 to 2016, following the death of then Zambian leader Michael Sata, counted as a full term.

“A person who has twice held office and been elected cannot serve another term,” declared Justice Shilimi.
“Our combined interpretation of the constitution is that the respondent’s term of office from 25 January to 13 September constituted a term of office.
“The first respondent Mr Edgar Chagwa Lungu has therefore been twice elected and has twice held office.”
The apex court declared that the former ruling Patriotic Front (PF) leader was “ineligible to participate in any future elections as a presidential candidate.”

Mr Lungu (68) has accused President Hichilema of persecuting him and his family.
Some members of the former president’s family, including his wife, have been arrested on allegations of possessing the proceeds of crime on different occasions.

PF said it was studying the judgement that was eagerly awaited in the Zambian political circles.

“We are studying the matter,” PF spokesperson Emmanuel Mwamba. “But we are gravely concerned by the court’s decision and ruling.”
Attorney-General Mulilo Kabesha said the ruling had given clarity in the long-running legal battle.
“The decision provides legal clarity for citizens and safeguards our democracy, allowing us to look forward to free, fair and competitive elections in 2026,” Mr Kabesha said in a statement.

Mr Lungu was last month picked by the opposition Tonse Alliance to be its presidential candidate in the 2026 election to challenge President Hichelema.
The government withdrew his retirement benefits and privileges following his decision to return to active politics.

Mr Lungu had started jogging in public along with ordinary people and his supporters where he often clashed with police who accused him of engaging in “political activism.”
In October President Hichilema sacked three top judges who were part of a court ruling that had allowed his predecessor to stand in the 2021 elections.