Febian Miguel Manda, a law student writes;
In Law, we were taught a maxim called Res Judicata meaning; “A Matter that has been adjudicated by a competent Court and therefore may not be pursued further by the same Court”.
Given Lubinda should not get worried over John Sangwa’s Petitioning ECL because the Constitutional Court did firmly hold in Danny Pule and Others V. The Attorney General (SCZ) Judgment No. 60 of 2018 that the President term of office that ran from 25 January 2015 to 13 September 2016 and stranddled two Constitutional regime was not a full term! Full stop
The above position gives ECL a life line to contest the 2021 General elections. In view of this decision,how will one stop ECL from standing this year.
Res Judicata will be raised as a preliminary issue if anyone will challenge ECL and the matter will be thrown out.
Ba Given Lubinda you are a Law Student; Remember “Stare Decisis” The court will stand by a precedent.
Anyway, Let me continue writing my Research for my school.