-President meets all requirements, Kabesha tells ConCourt
GRACE CHAILE
Lusaka
THE Electoral Commission of Zambia (ECZ), Attorney General Mulilo Kabesha and Registrar of Societies have told the Constitutional Court that President Hakainde Hichilema is eligible to contest the August 13 general election on the UPND ticket because he meets all constitutional requirements for the office.
They have contended that Mr Hichilema was validly nominated by the governing political party.
The respondents have urged the court to dismiss a petition by party member Charles Longwe challenging President Hichilema’s adoption as UPND presidential candidate and subsequent nomination for the general election.
In its answer, ECZ states that President Hichilema and his running mate Mutale Nalumango satisfied all qualifications prescribed under the Constitution and the Electoral Process Act.
The commission argues that in carrying out its functions, it is guided by the Constitution, the Electoral Process Act and regulations made under the Act.
ECZ submits that the presidential nomination process was conducted in accordance with all applicable laws, and that all aspiring candidates were required to submit prescribed nomination documents within the stipulated period.
The commission also states that it complied with all the legal requirements in processing presidential nominations, and that Mr Hichilema presented an adoption certificate issued by the UPND.
“The presidential nominations were carried out in accordance with provisions of the Constitution, the Electoral Process Act and regulations promulgated thereunder,” it states.
The electoral body also denies all allegations contained in the petition except those expressly admitted.
And Mr Kabesha, who is also representing the Registrar of Societies, argues that the petition is incompetent and does not raise any issue regarding President Hichilema’s constitutional qualifications to contest the presidency.
Mr Kabesha submits that the petition merely cites provisions of the law and fails to establish any grounds under Article 52(4) of the Constitution upon which the President’s nomination can be challenged.
According to Mr Kabesha, the petition does not dispute Mr Hichilema’s eligibility under Article 100, read together with Article 106(3) of the Constitution, and Article 52(1) as amended by the Constitution (Amendment) Act No. 13 of 2025.
“The petition does not assail the eligibility or qualification of the second respondent to file nominations for election as President,” Mr Kabesha states.
He contends that the issues raised by Mr Longwe concern internal affairs of the UPND and therefore fall outside the scope of Article 52(4) of the Constitution.
The Registrar of Societies, through the Attorney General, says the matters raised by the petitioner concern internal affairs of the UPND and therefore cannot form the basis for challenging President Hichilema’s nomination.
The Registrar says the UPND is in compliance with Article 60(2)(d) and (e) of the Constitution.
The Registrar of Societies argues that the issues cited by the petitioner cannot be used to invalidate President Hichilema’s candidature because the Constitution expressly provides qualifications and disqualifications for election to the office of President under Article 100.
“The internal affairs referred to by the petitioner cannot be used to disqualify the second respondent’s nomination when the Constitution itself under Article 100 has provided for qualifications and disqualifications,” the fourth respondent (Registrar of Societies) submits.
The Registrar of Societies argues that President Hichilema falls within the ambit of Article 106(3) of the Constitution and remains eligible to contest the presidency.
The fourth respondent also relies on Article 60(1)(b) of the Constitution, which grants political parties the right to sponsor candidates for election or nomination to public office.
According to the Registrar of Societies, the UPND is entitled to sponsor any candidate of its choice, including a person who is not a member of the party.
Mr Kabesha and the Registrar of Societies contend that the petition amounts to an abuse of court processes because the petitioner has already commenced proceedings in
the High Court over related matters.
They maintain that the petition is incompetent for purposes of Article 52(4) because it does not challenge President Hichilema’s constitutional qualifications under Article 100 or his eligibility under Article 106(3).
Describing the matter as lacking merit, the respondents submit that the petition is “dead on arrival” and should be dismissed with costs.
In an affidavit filed in support of the response, Mr Kabesha states that he believes President Hichilema is fully eligible and qualified under the criteria set out in the Constitution…https://enews.daily-mail.co.zm/welcome/home
