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Cornell University Law School

SAIPAR Case Review

Daniel Pule

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Daniel Pule And Others V Attorney General And Others Selected Judgment No. 60 Of 2018, James Kayula May 2020

Daniel Pule And Others V Attorney General And Others Selected Judgment No. 60 Of 2018, James Kayula

SAIPAR Case Review

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Daniel Pule And Others V Attorney General And Others 2017/Ccz/004 Selected Judgment No. 60 Of 2018, Elias C. Chipimo May 2019

Daniel Pule And Others V Attorney General And Others 2017/Ccz/004 Selected Judgment No. 60 Of 2018, Elias C. Chipimo

SAIPAR Case Review

In a case brought to determine the eligibility of President Edgar Lungu to stand as a presidential candidate in 2021, having served less than three years in his first term, the Constitutional Court determined that: ‘…the presidential tenure of office that ran from January 25, 2015 to September 13, 2016 and straddled two constitutional regimes, cannot be considered as a full term.’

In doing so, the Constitutional Court effectively backdated the application of the ‘New Clauses’ to a time when there was already a law governing: (a) the eligibility of a person to stand again as a presidential candidate who …