ATTORNEY General Mulilo Kabesha has submitted to the Constitutional Court that former president Edgar Lungu and his vice president, Inonge Wina, were properly sworn into office in 2016.
Kabesha said Lungu and Wina were properly sworn in by the Chief registrar under the observation of the late Chief Justice Ireen Mambilima hence did not contravene the Constitution when he did not hand over power to the Speaker of the National Assembly because the law did not require him to do so.
The Attorney General’s sentiments came in a case where petitioner, Nkulukusa Teddy Kalusa sued his office seeking to clarify whether former president Lungu and his deputy, Wina were duly sworn in 2016.
Kalusa questioned Kabesha whether Lungu was in office legally during the presidential petition in 2016 for the purposes of Article 104(3) of the Constitution of Zambia.
However, the Attorney General dismissed Kalusa’s applications on grounds that he did not produce in his affidavit a copy of the oath of office which he alleged was administered by the chief Registrar.
He said the applicant did not also demonstrate that he had approached the court on factual issues.
“It is our submission that on a proper construction of article 101, there is no requirement to hand over power to the speaker of national assembly when a petition challenging the election of the president in the initial ballot has been filed into court.”
“We contend that article 104(3) of the constitution is in reference to the second ballot not the initial ballot,” he submitted.
He said the applicant has not demonstrated that it is a fact that the sixth republican president was sworn into office by the chief Registrar.
Kabesha said the oath of office of president has not been produced before the court to demonstrate as a fact the alleged breach of article 105(1) and 105(2) of act no. 2 of 2016.
“It is our submission that our answer of the first question has demonstrated that there was no breach of the constitution when he did not hand over power to the speaker during the hearing of a presidential petition of the initial ballot.”
“That in the premises, I verily believe that the matter herein ought to be dismissed,” said Kabesha.
By Lucy Phiri
Kalemba January 28, 2025
