CONCOURT THROWS OUT LONGWE PETITION, HH NOMINATION STANDS
By Fredrick Banda
President Hakainde Hichilema’s candidature for the August 13 General Election remains intact after the Constitutional Court dismissed a petition challenging his nomination.
In a judgment delivered by a seven-member bench, the Court ruled that the petition filed by UPND member Charles Longwe lacked merit and failed to raise issues that fell within the scope of Article 52 of the Constitution.
Longwe had sought to nullify the Electoral Commission of Zambia’s acceptance of President Hichilema’s nomination on grounds that the ruling party’s adoption process was allegedly conducted by officials whose mandates had expired. He further questioned the legality of meetings that endorsed President Hichilema as the party’s presidential candidate.
The petition named UPND Secretary General Batuke Imenda, President Hichilema, the Electoral Commission of Zambia (ECZ), the Registrar of Societies and the Attorney General as respondents.
During the proceedings, Longwe argued that the UPND had failed to conduct free and fair intra-party elections and that certain resolutions leading to President Hichilema’s adoption were irregular.
However, the respondents strongly opposed the petition, maintaining that the issues raised concerned internal party affairs and had no bearing on the constitutional qualifications of President Hichilema to contest the presidency under Articles 100 and 106 of the Constitution.
UPND Secretary General Batuke Imenda was represented by State Counsel Mulambo Haimbe, together with Counsel Moono and Keith Mweemba, while the Electoral Commission of Zambia and the Registrar of Societies were represented by State Counsel Muchende.
Delivering the Court’s judgment, Judge Martin Musaluke held that once a nomination is accepted and not rejected on nomination day, the candidate is deemed qualified unless there is a valid constitutional challenge regarding eligibility.
The Court further found that Longwe’s complaints relating to the conduct of UPND internal elections and party resolutions did not fall under the constitutional provisions governing presidential nominations and qualifications.
In dismissing the matter, the Constitutional Court ordered that each party bears its own costs.
The ruling effectively clears the way for President Hakainde Hichilema to participate in the forthcoming General Election, with the Court affirming that the issues raised by the petitioner did not affect the legality of his nomination or constitutional eligibility to seek re-election.
Besides what the Constitutional Court has argued, political parties are clubs with their own dispute and grievances handling procedures with the right to practise private law. These ought to be invoked before resorting to judicial involvement. A member who sues his own political party before invoking internal mechanisms for handling disputes and complaints cannot be deemed to be in good standing with the party.