Citizens have a duty to respect decisions of the duly constituted courts of law: LAZ reaction to the constitutional court Judgement in the Eligibitlity case of Michelo Chizombe v Edgar Chagwa Lungu and others 2023/CCZ/0021
The Law Association of Zambia (LAZ) has closely monitored the developments surrounding the eligibility case of Michelo Chizombe vs. Edgar Chagwa Lungu and Others -2023/CCZ/0021 before the Constitutional Court. We acknowledge the significant public interest generated by this case,including the Judgment delivered today by the Court.
By its Judgment, the Constitutional Court determined that Mr. Edgar Chagwa Lungu, the 1st Respondent is ineligible to contest any future elections having served two terms as President. This decision marks a departure from the Court’s earlier decision on the matter, specifically in the cases of Daniel Pule and Others vs Attorney General and Others, Bampi Aubrey Kapalasa and Another vs. The Attorney General and Legal Resources Foundation vs. Edgar Lungu and the Attorney General.
While we express concern about the potential risks of fluctuating decisions of an apex Court, which can invariably undermine public confidence in the Judiciary, LAZ firmly believes that the decision of the Constitutional Court must be respected by all citizens.
Under Part 8 of the Constitution of Zambia (Amendment) Act No. 2 of 2016, the Supreme law of the land given unto ourselves as citizens, judicial authority of the Republic which is derived from the people of Zambia is reposed in the courts of law, who have a final say on all mattes of legal interpretation.
It is, therefore, the duty of the Constitutional Court to settle disputes relating to interpretation of the Constitution. Having discharged its duty, in the eligibility case of Michelo Chizombe vs. Edgar Chagwa Lungu and Others -2023/CCZ/0021, all citizens have a corresponding duty to respect the court decision.
The foundation of our democracy lies in the respect citizens show for institutions of governance that we have collectively created for ourselves, such as the courts of law.
At the same time, in line with Article 118 of the Constitution, we strongly remind the Judiciary to ensure that judicial power is exercised in a just and fair manner. We trust that such an approach will foster accountability and preserve the public confidence that is essential to the integrity of the Judiciary.The press release on a matter of national interest, in defense of constitutionalism has been issued in furtherance of LAZ’s mandate under Section 4 of the Law Association of Zambia Act No 31 of the Laws of Zambia.
Lungisani Zulu
PRESIDENT
