CONSTITUTIONAL COURT SAYS PRESIDENT HICHILEMA CAN’T BE SUED DIRECTLY IN BILL 7 CASE
By: Zambia Daily mail
PRESIDENT Hakainde Hichilema has been removed from a case in which politicians Brian Mundubile and Celestine Mukandila sued him, seeking to bar him from participating in future elections.
The Constitutional Court yesterday disjoined the head of State from the matter, ruling that the President cannot be sued directly and that the Attorney General is the proper party to represent him.
In the main petition, Mr Mundubile, a Patriotic Front presidential hopeful, and Mr Mukandila accuse President Hichilema of breaching the Constitution by initiating Bill 7 allegedly without public consultation.
They cited Mr Hichilema and Attorney General Mulilo Kabesha as respondents.
The petitioners argue that the President acted unilaterally in restarting a constitutional amendment process without broad consultation, a move previously declared unconstitutional by the ConCourt.
They referred to a June 2025 judgment which ruled that any future amendments “must be” people driven and led by independent experts.
They contend that by allowing the minister of Justice to proceed with drafting and preparing to table the bill in Parliament, the President ignored the directive, acted contrary to his constitutional duties, and breached his oath to protect and defend the Constitution.
The petitioners further claim this amounts to a violation of Article 8(c) and disqualifies him from holding or contesting the office of President.
However, Solicitor General Marshal Muchende, through a misjoinder application, asked the court to remove Mr Hichilema from the case, arguing that only the Attorney General can be sued in matters relating to the President’s executive functions.
He added that the Constitution prohibits civil proceedings against the President in matters executed in his private
capacity.
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