Q FM Africa's Modern Radio
Green Party President Peter Sinkamba
The opposition Green Party has appealed to President Edgar Lungu to act quickly to resolve the problems at the Constitutional Court, especially in view of complaint pending before the Judicial Complaint Commission (JCC).
And the opposition political party agrees that the Head of State qualifies to stand in 2021 in accordance with the amended constitution.
Green Party President Peter Sinkamba in a statement says Article 106 (6) (b) provides that if a person is elected to the office of President as a result of an election held because the Vice President is unable for a reason to assume the Office of the President, then the President-elect shall serve for the unexpired term of office and be deemed, to have served a full term as President if, at the date on which the President assumed office, at least three years remain before the date of the next general election or not to have served a term of office as President if, at the date on which the President assumed office, less than three years remain before the date of the next general election.
Mr. Sinkamba says President Lungu was elected on account that the Vice President, then Dr. Guy Scott being unable to assume the Office of the President, and on the date on which he assumed office, less than three years remained before August 11, 2016.
And Mr. Sinkamba has observed the need for the Head of State to quickly deal with challenges at the Constitutional Court.
He says with five out six Judges set to appear before the JCC on his party’s allegations of gross misconduct and incompetence, the Constitutional Court is at the moment technically moribund and a lame duck to continue with sittings as a full bench.
The Green Party Leader says according to Article 144 of the Constitution, the five judges ought to have been suspended when a prima facie case of gross misconduct and incompetence was established by the Judicial Complaints Commission against them.
He explains that any sittings of the full bench under the circumstances may as a consequence be said to illegal and their decisions null and void because they are technically suspended.
Mr. Sinkamba says his party would not want to see these technically suspended judges adjudicate the issue of legibility or illegibility of President Lungu because their decision could one day be brought into question in future.