By Kellys Kaunda
HICHILEMA IS THE LEGITIMATE LEADER OF THE UPND AND NOT PATRICK TEMBO BANDA
Let’s read the UPND constitution and contrast it against the last elective general assembly of February 14, 2021.
Chapter IV, Article 75 reads, “The President of the Party shall be elected by the General Assembly
every five years”.
Since the five years expired exactly February 14, 2026, does this mean the office is vacant?
We need to look to the definition of “every five years”.
Typically, “every five years” doesn’t mean the automatic creation of vacancy or removal from office of the office holder.
It simply refers to a time limit when elections must take place. This was the case with the Republican Constitution until it was amended to provide for a specific date for elections.
The UPND constitution doesn’t provide for a specific date.
In any case, the UPND constitution provides for a vacancy and the actions to be taken.
Article 77 of Chapter IV reads, “In the case of any vacancy in the office of the President, the NMC (National Management Committee) shall appoint anyone of the four deputy Presidents to act for a period not exceeding 90days”.
The article further reads, “The extraordinary General assembly shall be called to elect a president within 90 days if the NMC felt the office shall be vacant for more than 90days”.
Right now, the ruling party is within the 90day time frame. No violation of the constitution has taken place to justify the actions taken by Patrick Tembo Banda.
And, yes, UPND would be within its legal rights to sue Mr. Banda.