THE Constitutional court applied a valid, logical and sound formulation in determining that the 17 months President Lungu served to complete President Michael Sata’s five year tenure did not constitute a Presidential term to disqualify him from seeking a second term, in the same way that he newly installed Tanzanian President will be precluded from two terms on account of swerving more than three years to finish off late John Maguduli’s second term, Lawyer Vincent Malambo has said.
Zimba said the Tanzanian constitution provides that a President who serves the remaining term of an incumbent could only be disqualified if he served for more than three years.
He said the constitutional court in the Dan Pule and others case on President Edgar Lungu’s eligibility adequately interpreted the law in the same way that the Tanzanian constitution envisaged.
“The Constitutional Court was on firm grounds in the case of Dan Pule and others in the eligibility case,” Malambo added.
He said in as much as the Tanzanian constitution provisions are not the same as that of the Zambian provisions the effects were the same.
“What is in the Tanzanian constitution is similar to the Zambian provisions the effects were the same,” he said.
Malambo said like President Lungu did not serve a full term because he served less than three years which does not constitute a term while in the Tanzanian case, Hassan would serve a term because she has more than 4 years to serve, which automatically is above the three year threshold.