PRESIDENT HICHILEMA TO BE SWORN IN ON TUESDAY, 1ST SEPTEMBER
I hope there will be no presidential election petition, so that President-elect Hakainde Hichilema can be sworn in on Tuesday, 1st September 2026, and we can move forward as a country.
So, here is what you need to know…
According to Article 103(1) of the Constitution of Zambia, ANYONE who wants to challenge the election of a President-elect has seven days from the declaration of the President-elect to file a petition before the Constitutional Court.
President Hichilema was declared President-elect on 18th August 2026 at 02:41hrs.
The Constitution, under Article 269, provides that when calculating such a period, the day on which the event happened is not counted. Therefore, counting starts from 19th August.
This means the seven days run as follows:
19th August — Day 1
20th August — Day 2
21st August — Day 3
22nd August — Day 4
23rd August — Day 5
24th August — Day 6
25th August — Day 7
Therefore, Tuesday, 25th August 2026 is the last day within which a presidential election petition may be filed.
Brian Mundubile and some of his supporters have been talking about challenging the presidential election results. However, as I write this, I am not aware of any presidential petition having been filed before the Constitutional Court.
Of course, they still have time. They could file a petition before the constitutional deadline expires.
If they do file one, Article 103(2) requires the Constitutional Court to hear and determine the petition within 14 days of its filing.
This requirement to both hear and determine the petition within 14 days was expressly strengthened by the 2025 constitutional amendment (Bill 7).
Personally, from what I have heard so far, I am not persuaded that there are sufficient grounds to overturn the declared presidential results.
Such a petition would be a waste of time and prolong anxiety in the country.
Now, if no petition is filed by 25th August, then Article 105(2)(a) kicks in.
It provides that where there is no presidential petition, the President-elect shall be sworn into office on the Tuesday following the seventh day after the declaration of the presidential election results.
The seventh day after the declaration is Tuesday, 25th August 2026.
The Tuesday following that is Tuesday, 1st September 2026.
Therefore, if no presidential petition is filed, the constitutional timetable is very simple:
18th August 2026, 02:41hrs — President-elect declared.
25th August 2026 — Seven-day period for filing a presidential petition expires.
1st September 2026 — President-elect Hakainde Hichilema is sworn into office, if no petition has been filed.
My hope is that we can get through this constitutional process peacefully and move forward.
Elections are a competition, but a country cannot remain permanently in campaign mode. There comes a time when elections must end and governing must begin.
Those who have genuine legal grievances should exercise their constitutional rights. But if there is no petition, then Tuesday, 1st September should mark the beginning of the next chapter for our country.
Let us move forward and concentrate on developing Zambia mwebantu sure.
TAYALI THE PUBLIC LAWYER OF THE PUBLIC COURT OF OPINIONS
TAYALI THE POLITICAL ENGINEER