Constitutional Court urged to throw out petition challenging Hichilema’s 2026 eligibility

The Constitutional Court has been asked to dismiss a petition challenging President Hakainde Hichilema’s eligibility to contest the August 2026 general elections on the UPND ticket. The petition was filed by UPND member Charles Longwe, who is disputing President Hichilema’s adoption as the ruling party’s presidential candidate. Attorney General Mulilo Kabesha argues that the petition is incompetent, contending that it does not challenge President Hichilema’s constitutional qualifications under Article 100 of the Constitution, read together with Article 106(3).

The Attorney General further contends that the petition fails to disclose any valid basis under Article 52(4) upon which the nomination can be questioned. In their responses, the Electoral Commission of Zambia (ECZ) and the Registrar of Societies echo similar arguments, insisting that the petition does not raise any issue of eligibility for the office of President. Both institutions maintain that the matter instead targets internal party processes that fall outside constitutional review under Article 52(4).

The ECZ maintains that all presidential nominations were properly received and verified in accordance with the Constitution, the Electoral Process Act and supporting regulations. The Commission states that President Hichilema met all requirements, including submission of an adoption certificate from the UPND within the prescribed nomination period. “The presidential nominations were conducted in accordance with the Constitution, the Electoral Process Act and regulations promulgated thereunder,” ECZ states in its response.

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The Registrar of Societies further argues that the UPND is a duly compliant political party under Article 60(2)(d) and (e) of the Constitution and is entitled under Article 60(1)(b) to sponsor candidates of its choice for public office. Attorney General Mulilo Kabesha has pleaded with the court to dismiss the case, arguing that it is an abuse of court process and discloses no constitutional breach capable of invalidating the nomination of President Hichilema for the 2026 elections. This material, and other digital content on this website, may not be reproduced, published, broadcast, rewritten or redistributed in whole or in part without prior express permission from ZAMBIA MONITOR.

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