By Burnett Munthali
In a landmark statement, Zambian Constitutional Court Judge Palan Mulonda has declared that the court’s ruling on presidential eligibility is now firmly entrenched as law. The ruling, which has sparked significant debate across the nation, solidifies the constitutional interpretation regarding who qualifies to run for the presidency in Zambia.
Judge Mulonda made the remarks while addressing a legal forum in Lusaka yesterday, emphasizing that the Constitutional Court’s decisions are final and binding. “The ruling on presidential eligibility is now law and must be respected as such. It is not a matter of opinion or debate; it is the definitive interpretation of the Constitution,” Mulonda asserted.
The ruling, delivered earlier this year, clarified contentious issues surrounding term limits and eligibility criteria for individuals seeking the presidency. At the heart of the decision was the interpretation of Article 106 of the Zambian Constitution, particularly concerning whether serving part of a presidential term counts as a full term.
The case attracted nationwide attention, especially as it touched on whether former President Edgar Lungu, who had served two terms, was eligible to contest again. The Constitutional Court ruled unequivocally that Lungu could not stand for re-election, as doing so would contravene the Constitution.
Judge Mulonda reiterated that the decision reflects the court’s mandate to uphold constitutionalism and protect Zambia’s democratic principles. “The court’s role is to provide clarity and ensure that the Constitution remains the supreme law of the land. This decision ensures stability and adherence to the rule of law,” he said.
The ruling has elicited mixed reactions from the public and political stakeholders. While proponents of the decision argue that it safeguards Zambia’s democratic integrity by preventing the monopolization of power, critics contend that it limits the electorate’s ability to choose their preferred leaders.
Legal experts at the forum praised the clarity provided by the Constitutional Court but called for broader civic education to ensure Zambians understand the implications of such rulings.
Zambia’s political landscape is expected to shift significantly as parties strategize for the 2026 general elections in light of the ruling. Analysts predict that the decision will usher in new leadership dynamics, particularly within former ruling parties that had hoped to field leaders now deemed ineligible.
As Zambia moves forward, Judge Mulonda urged all citizens to respect and uphold the court’s ruling. “The strength of our democracy lies in our ability to honor the Constitution and the institutions mandated to interpret it. This ruling is not just about eligibility; it’s about the rule of law,” he concluded.
The ruling marks a pivotal moment in Zambia’s democratic journey, underscoring the importance of constitutional fidelity and the role of the judiciary in shaping the nation’s future.
