Zambia’s Constitutional Court ruled on Tuesday that former President Edgar Lungu is ineligible to run for another term in office. The decision follows Lungu’s announcement of his return to active politics last year, sparking debate over his eligibility under Zambia’s constitutional term limits.
The court found that Lungu, president from 2015 to 2021, had already completed the maximum two terms allowed under Zambia’s constitution. The judgment underscores the constitutional principle of limiting executive terms to ensure democratic accountability and prevent the concentration of power.
Central to the court’s decision was its interpretation of transitional provisions and amendments introduced by the 2016 constitution. The petitioner contended that Lungu’s first term, served under the repealed 1991 constitution, should be counted towards the two-term limit prescribed by the current constitutional framework. The court agreed, holding that the transitional provisions did not retroactively alter the definition of a presidential term, thereby confirming that Lungu’s tenure from 2015 to 2016, followed by his subsequent term from 2016 to 2021, constituted two full terms.
Lungu had contended that his initial term, which began after his predecessor’s death, should not count toward the limit. According to Lungu, he did not win a general election for that term but assumed office through succession. However, the court clarified that the two terms he served, regardless of their length, constituted full tenure under the constitution.
In rejecting other counterarguments from Lungu’s legal team, the court addressed claims that the matter was res judicata, asserting that the current case involved new legal issues not previously resolved, particularly the combined interpretation of transitional clauses in the 2016 Constitution. Additionally, the court noted that the principle of judicial review allows it to revisit and clarify constitutional ambiguities, especially when fundamental democratic principles are at stake.
The ruling further emphasized the doctrine of mandatory alternation, which is intrinsic to Zambia’s democratic structure. This principle ensures that no individual holds presidential power for more than two terms, fostering political renewal and preventing entrenched authority. By clarifying the scope of the constitutional provisions, the court reinforced the imperative for public officials to respect term limits as a cornerstone of democratic governance.