PRESIDENT IS SO WRONG, ELECTION DATE IS FIXED IN REPUBLICAN CONSTITUTION NO ONE CAN CHANGE THAT
Emmanuel Chilekwa
14 September 2024
There are no lacunas in the Republican Constituion to warrant postponement of elections by 8 or 9 years – Bally is dreaming. No President can postpone a general election in Zambia. Bally has no powers to do so. Republican Constitution states that next election shall be on *second Thursday of August, 2026* which is the *13th* of August.
The Constitution is very clear on this. Article 56 (1) says: ” _A general election shall be held, EVERY five years after the last general election, on second Thursday of August._ “
(2) The day on which a general election is held shall be a public holiday.
So, where does President Hakainde Hichilema think he can draw such authority, hide and postpone a general election by 8 or 9 years? Who is misleading him so badly? Does he have legal advisors, attorney general, Speaker of National Assembly or any State Counsel to advise him that he has zero option but to hold next general election on Thursday 13 August, 2026, he swore to uphold the Republican Constitution without fail.
He has no authority or powers to postpone a general election by any pretence whatsoever and he should sit or dare go that route, he has no such powers or authority.
Our constitution states in no unclear terms that come Thursday 13, August 2026, we shall hold a general election. It’s not up to Electoral Commission of Zambia or President Bally to decide – Constitution already decided and settled the date and no one shall change that.
On election date, we have no doubt, no lacuna as Bally seems to willingly and deliberately mislead himself and his praise singers.
Bally’s authority and power is in the Republican Constitution and he should never dare cross that line and purport to confuse it with anything on his mind. Next polls is Thursday, 13 August, 2026, our Constitution states in very simple language.
I know he has sensed the strong wind from the exit door. But that’s how it is. He does not have any right, authority or veto powers to change that date of elections – that’s why we inserted it in the Republican Constitution so that any person gluttoned with insatiable appetite for forever quest for power does not extend tenure. We knew the mischief we wanted to cure. There is no lacuna whatsoever.
What Bally should do now, instead of fearing facing the reality swamping him, is to make life bearable and affordable, give us 24/7 power, affordable fuel which he has since upped by 100% since 2021. Sugar is now K72 (was K25). Mealie meal has been fetching K360 (was K115 in 2021). Provide fertiliser at K250 (as he promised) not the expensive price it goes at.
Once he does this, he has no reason to fear the scheduled next polls on Thursday 13 August 2026.. Anyone thinking that he or she can postpone elections even by a day is 100% wrong, that cannot happen. We stopped FTJ’s 3rd term. Power is with the Zambians, not with any leader , opposition party or ECZ. The Constitution is the Supreme Law if the land and any other written law (even from the Constitutioal Court) and customary practice that is inconsistent with its provisions is void to the extent of of the inconsistency.
And HH is bound by this Constitution. Article 1 (3) says, “This Constitution shall bind all persons in Zambia, State organs and State institutions.
And it goes to empower WE the citizens in Article 2: Every person has the right and duty to – (a) defend this Constitution; and
(b) resists or prevent a person from.overthrowing, suspending or illegally aggregating this Constitution.
And here is what stops Bally and his echelons from doing any contra actions : Article 3 says, “The operation of this Constitution shall not be affected by an unlawful act or overthrow, suspend or illegally aggregate its provisions.”
Now let me ask this: on what basis can Bally and his praise singers push elections to 8 or 9 years? There’s nothing. So anyone hallucinating to allote themselves more time beyond the 5 year Constitutional tenure are just fooling themselves. Let them read Article 56 to know that they have nowhere to hide ; next general election comes on Thursday, 13 August 2026, whether HH likes it or not. This one date is not fixed by him. He has no veto. It shall be 13 August 2026. Period.
Chilekwa have you read the constitutional provisions of Articles 52 and 56. While one Article stipulates when the General Elections shall be held, the other article gives authority to the ECZ to craw back this date of holding the elections in case of any eligible candidate resigning, dying etc. Why are you avoiding mentioning article 52 when this article is in the constitution. So if ECZ can cancel elections of a president ,MPs and councillors then these cancelled elections cannot be held on the date specified in article 56. There is nothing wrong in addressing these contradictions within the same constitution.
Someone will be sent running away from Zambia. Make no mistake, we Zambians are serious about defending the constitution we gave to ourselves. Come rain or shine, we shall defend it. Whoever refuses to go along will have themselves to blame for what will befall them.
It’s true hatred can blind someone not see the truth even if it’s for their benefit as long it is said by someone they hate. President HH president never said he will postpone the elections, he merely mentioned that someone can abuse our current constitution if it not fixed but some people start screening murder.
When I look at the arguments from the people against the statement from president HH, one would wonder their level of education or may be they are just using emotions to come to their position.
It’s like someone notices a big hole on the door of a house and advises the owner of the house that they need to fix the hole as soon as possible, otherwise, they may find that a snake may crawl in to the house using the hole but then the owner of the says that I won’t fix the hole because no snake has ever crawed in to the house. Just because it has not happened does not mean it can’t happen so it’s better to fix a risk than wait for an actual problem to occur then start fire fighting.
Me, I understood him to say, if one of the presidential candidates resigns then election get postponed to a date further than the constitutionally fixed date.
This article is at variance with what the President raised. What a share waste of time! And please Zambian Observer, educate such people to understand what they should comment on before posting such contradicting articles.
One wonders if we have a president or not. If we had one he could have taken time to read and understand the constitution of Zambia, so that he understands that the election date is cast in concrete and he cannot change that! And nobody can change that! So just start packing Mr. Hichilema and Upnd, August 13, 2026 is just around the corner! Bye bye !