Heritage Party leader Brigadier General Godfrey Miyanda has asked the Constitutional Court to declare that President Edgar Lungu breached the Constitution when he threatened judges handling his eligibility case on November 2, 2017.

In a notice of motion ahead of a hearing today, Miyanda told the ConCourt that he would move the court to hear his application for a declaration that President Lungu breached the constitution, among others.

“A declaration that the said Edgar Chagwa Lungu, a state officer holding the State Office of President of the Republic of Zambia, has breached his oath of President as provided by Section 3, the First Schedule of the Official Oaths Act, as read with Article 40 of the Constitution of Zambia Chapter 1, by issuing and/or publishing threats and/or warnings against the judges of the Constitutional Court concerning the case that they are currently adjudicating upon…A declaration that the said State Officer Edgar Chagwa Lungu has breached the Constitution of the Republic of Zambia as amended, by publicly threatening and/or warning the Constitutional Court judges of the said Constitutional Court, an act calculated to influence the outcome of the said case,” read the notice.

“A declaration that the said State Officer Edgar Chagwa Lungu has, while fully knowing he cannot be sued and while being aware that the case he was publicly commenting on concerns him personally and directly as one of the prospective presidential candidates in 2021, abused the priviledge of his protected office by compromising the integrity of the said state office. A declaration that the said State Officer Edgar Chagwa Lungu has failed in his duty to protect and promote the interests of the Constitution of Zambia as amended by neither reporting on or revealing to the appropriate office the names of the Constitutional judges who he alleged were plotting with unnamed opposition political parties and unnamed international groups to subvert the Constitution of Zambia.”

Brig Gen Miyanda also wants a declaration that President Lungu breached the Principle of the Separation of Powers by publicly directing and/or insinuating that the said judges of the Constitutional Court should resolve in his favour the case now under their adjudication, allegedly in order to avoid chaos in the country.

“A declaration that by his threats and/or warnings against the Constitutional judges, the said State Officer Edgar Chagwa Lungu has failed tin his duty to protect the rights and freedoms of the 3rd interested party, among others, as regards his right to a fair hearing in these proceedings,” read the notice.

Speaking at Solwezi airport in November, President Lungu warned judges against disqualifying him for the 2021 polls.

“To my colleagues in the Judiciary, my message is just do your work, interpret the law without fear or favour and look at the best interest of this country. Don’t become a copycat and think that you are a hero if you plunge this country into chaos. Those people who don’t like peace and freedom will say ‘President Lungu is intimidating the courts of law’, I am not intimidating the judiciary, I am just warning you because I have information that some of you want to be adventurous, your adventure should not plunge us into chaos please!” President exclaimed Lungu.

“In English there is a saying, to be forewarned is to be forearmed. We don’t want to plunge this country into chaos because we are trying to imitate what’s happening elsewhere. We are a beckon of peace and freedom, let us keep it that way. I was on the ballot paper as candidate and I assured that I would protect Zambia and that I will do.”

In this matter, some PF aligned opposition political parties asked the ConCourt to declare President Lungu eligible to stand in 2021.