Attorney General Mulilo Kabesha has argued before the Constitutional Court that former president Edgar Lungu was legally in office during the 2016 presidential election petition.
Kabesha contends that Lungu, as the incumbent President and President-elect, was not required to hand over power to the Speaker of the National Assembly during the petition period.
The petition, filed by Lusaka resident Nkulukusa Kalusa, alleges that Lungu and his Vice President, Inonge Wina, failed to comply with constitutional requirements during their tenure.
Kalusa argues that Lungu did not hand over executive functions to the Speaker of the National Assembly, as mandated by Article 104(3) of the Zambian Constitution.
Kabesha countered that Article 104(3) only applies to a second ballot, which did not occur in 2016.
“It is our submission that on a proper construction of Article 101, there is no requirement to hand over power to the Speaker of the National Assembly when a petition challenging the election of the President in the initial ballot has been filed in court,” he stated.
“We contend that Article 104(3) of the Constitution refers to the second ballot, not the initial ballot. We invite the court to take judicial notice of the fact that in 2016, there was no second ballot. It follows, therefore, that there was no contravention by the incumbent, then Edgar Lungu, when he did not hand over power to the Speaker of the National Assembly because the law did not require him to do so,” he submitted.
He also argued that Lungu and Wina were properly sworn in by the late Chief Justice Ireen Mambilima.
“It is important to state that the Chief Registrar of the Judiciary was merely reading the oath of office of the President; the swearing-in was done by the Chief Justice, who was present at the swearing-in ceremony,” he stated.
