Kabesha Seeks Dismissal of Petition Against HH’s Eligibility
By Hannock Kasama
Attorney General Mulilo Kabesha has asked the Constitutional Court to dismiss with costs, the petition against President Hakainde Hichilema’s eligibility for the 2026 General Elections.
Mr. Kabesha has submitted that President Hichilema is eligible for the 2026 polls as he meets the provisions of article 100 of the Amended 2016 Constitution that cites the threshold for Presidential Candidates nominations.
He also submitted that President Hichilema’s nomination for the 2026 General Elections is not at variance with article 52 sub article 4 of the Amended 2025 Constitution.
Mr. Kabesha has further submitted that pursuant to article 60 sub-article 1 of the Amended 2016 Constitution, internal UPND’s arguments over the legitimacy of the party’s convention, cannot invalidate President Hichilema’s candidature.
He cited that the foregoing Constitution Provision gives an option to political parties to sponsor any candidate for Presidential Nominations ,whether being a member or not.
This is according to the answers filed in the Constitutional Court on the backdrop of the Petition by United Party for National Development-UPND Senior member Charles Longwe.
And UPND Secretary-General Batuke Imenda has argued that the issues raised by the petition questioning the mandate of the current UPND Leadership have no bearing on the Republican Constitution but the UPND Constitution
Mr. Imenda has contended that the contention on the mandate of the current UPND leadership can be answered by the interpretation of the UPND Constitution, not articles 52 and 60 of the Republican Constitution.
The full bench of the Constitutional Court is earmarked to hear the petition on 19th June 2026.