HH FACES FRESH LEGAL CHALLENGE OVER ELIGIBILITY TO STAND AS PRESIDENT

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HH FACES FRESH LEGAL CHALLENGE OVER ELIGIBILITY TO STAND AS PRESIDENT



Lusaka…. Monday November 3, 2025 (SMART EAGLES )

President Hakainde Hichilema is facing a fresh legal battle in the Constitutional Court, with a new petition filed seeking a declaration that he is ineligible to stand as a candidate for President of Zambia on account of alleged constitutional breaches linked to the controversial Bill No. 7 of 2025.



The petition, filed by Hon Brian Mundubile and Lusaka Lawyer Celestine Mukandila, cites both President Hichilema and the Attorney General as respondents.



The petitioners argue that the Head of State violated the Constitution by unilaterally initiating a constitutional amendment process without broad public consultation, despite a previous ruling by the Constitutional Court declaring such actions unconstitutional.



According to the filing, on 23rd May 2025, the Respondents caused to be published in the Zambia Gazette Bill No. 7 of 2025, which contained proposed constitutional amendments.



The petitioners contend that the proposals were concluded “in the absence of public participation and wide consultation,” in violation of Articles 1, 2, 3, 5, 7, 8, 9, 61, 90, 91, and 92 of the Constitution.



The petition references a 27th June 2025 judgment of the Constitutional Court, which declared that initiating a constitutional amendment without consultation “goes against the spirit of the Constitution.”



The Court further ordered that any future process of constitutional reform must be “people-driven and led by an independent body of experts.”



Despite this ruling, the petitioners allege that President Hichilema and the Minister of Justice, Princess Kasune, have proceeded with preparations to table the same constitutional amendment bill before Parliament.



In a ministerial statement to the National Assembly on 26th March 2025, Kasune confirmed that technical work on constitutional reform had commenced and that a draft had been completed.



“The Respondents’ decision to maintain that the said Bill will again be tabled in the National Assembly is in complete defiance of the Constitutional Court judgment,” the petition reads.



“President Hichilema continues to act contrary to his duties and functions as conferred on him by the Constitution and has breached his oath to protect and defend the Constitution.”



The petitioners further assert that these actions amount to a violation of Articles 8(c) and (e), 9, 90, 91(3)(a), and 92(1) of the Constitution, and that by acting in contempt of the Constitutional Court’s judgment, the President has disqualified himself from holding or contesting the office of President.



They are seeking a declaration that President Hichilema’s conduct renders him ineligible to stand in any future election, and that Bill No. 7 of 2025 remains null and void.

8 COMMENTS

  1. Bitterness and malice. These chaps know that HH is winning next year, so now they are trying other tactics to remove him from the equation. For yowa own information Mr Mundubile, even late ECL tried to eliminate HH, but this failed.

    The Constitutional court guided. The consultative part of bill 7 is ongoing. There is nothing that warrants or can be converted to presidential ineligibilty.

    If HH is doing anything illegal or criminal, then let aggrieved parties commence the impeachment process now. Why target only his eligibility to stand for elections?

  2. Who has bewitched you guys? You seem to be contradicting yourselves. The same Con Court you are quoting had declared ECL ineligible and you are same people who were singing alebwelela po pa mupando. Had Lungu not died, you wanted to go ahead and make him your presidential candidate for 2026 despite the Con Court ruling. But since you are good at wasting time, go ahead and waste it, August 2026 is around the corner and HH will win with a landslide and no one will comfort you when you start collapsing from BP. Your faction risks going into 2026 elections without a credible presidential candidate and time is not with you.

  3. When the case against Edgar Chagwa Lungu ‘s eligibility was taken to the Constitutional Court, no one talked about Hatred or Bitterness.
    Here we are today, and surely there were some Constitutional Breaches committed by Mr Hakainde Hichilema regarding Bill 7..And the constitutional Court ruled so.. But praise Zealots are talking about Bitterness and Hatred. Come on, give people a break. Why should you always seek sanctuary in hatred or Bitterness when ever Hakainde is found wanting? Argue on the merits or demerits of the case. The petitioners are citing Constitutional Articles Breached by Hakainde. Argue against these points.

    Why the case can’t be taken to Nellie Mutti ‘s Parliament for the Impeachment of the President, the reasons are very clear. The case can’t see the light of day in that Parliament.
    It’s not about fearing Hakainde Hichilema in 2026, It’s about the breach of the Constitution . If indeed there was a breach of the law by Mr Hakainde Hichilema, the courts should rule .
    It’s not about Bitterness or Hatred. The President swore to abide by the Constitution… Let the constitutional Court tell us if he did so on Bill 7.
    Thank you.

  4. The abuse of the court, opposition politics is full of anarchy, they don’t have issue based politics, now seeking short cuts to search for releaf, the purpose of that court to interpret is now tempted to disqualify.Their party is yet to enter into serious dispute never heard before.Desparation for power.This is now the acceptance of opposition failure and admission of election loss of any hope.Hakainde Hichilema still remains people’s choice.The constitution clause of two terms shall be the only key for him to end the presidential job.

  5. Dull mundubile clean your house with the wa nyala family HH is going through next year no one is capable of taking Zambia forward apart from HH. Mundubile and go come with credible issues on how you will tackle the issue of who is going to be PF president at the moment everyone in your party is eyeing to contest as president for Pf . Please give us a break stop decampaigning your selves

  6. Keep on lamenting baboon.It will never work.Infact the judge should dismiss this case with huge costs so that they learn through had way.You can never win ba Congolese.Go home and fight M23.Let Zambians manage their own problems

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