The Constitutional Court has dismissed an application to join President Edgar Lungu to the 2021 eligibility case saying he cannot be subjected to litigation.

But the ConCourt has joined PF Secretary General Davies Mwila to the proceedings saying he is an interested party.

This is in a matter in which some PF inclined opposition leaders asked the ConCourt to determine whether or not President Lungu was eligible to stand in 2021.

The UPND, the second interested party, had asked the court to join President Lungu to the proceedings saying the Constitution did not bar the action against him as the issues to be determined were not related to his executive functions but his own personal ambitions.

Party secretary general Stephen Katuka said President Lungu and his secretary general had publicly proclaimed that he qualified to stand as a presidential candidate in the general elections slated for 2021.

But ConCourt judge Professor Margaret Munalula said the President was shielded from civil litigation in order to enable him to effectively perform his executive functions.

“Given the clear pronouncement in Article 98 (1) and (2) the application to join the 5th intended applicant had no merit and it is dismissed,” said Prof Munalula.

And on joining Mwila to the case, Prof Munalula said; “I find that the Patriotic Front has sufficient interest in the matter herein to warrant their being joined.”

Justice Munalula however said the action was untenable and impracticable as it is against the fundamental principle of free will attributable to persons at law.

He said although Mwila had been joined, he could choose whether or not to participate in the proceedings.

“Once the 6th intended applicant opposed joinder as an applicant, he could not be joined as the 6 the intended applicant,” said Justice Munalula.