STATEMENT ON MISGUIDED ASSERTIONS BY MR KELVIN BWALYA FUBE REGARDING INDEPENDENT CANDIDATES.
Tuesday 5th May, 2026.
The recent assertions by Mr. Kelvin Bwalya Fube (KBF), President of the Zambia Must Prosper, questioning the viability, accountability, and governance capacity of independent presidential candidates reflect a fundamentally flawed interpretation of Zambia’s constitutional order.
The argument that governance can only be effectively anchored on political party structures is not only misleading but inconsistent with both the spirit and the letter of the Constitution. Zambia’s constitutional framework does not restrict the presidency to leaders of political parties. On the contrary, it expressly allows any eligible citizen, whether independent or party-sponsored to contest for the presidency.
Article 100 of the Constitution, which sets out the qualifications for a presidential candidate, does not state anywhere that one must belong to or be sponsored by a political party. This omission is deliberate and affirms that independent candidates are legitimate and equal participants in Zambia’s democratic process.
On the question of accountability raised by Mr. Bwalya, a President is accountable to the people of Zambia who elected him or her, not to a political party. To suggest otherwise is to undermine the very essence of democratic governance.
Is Mr. Bwalya implying that President Hakainde Hichilema is accountable to the United Party for National Development (UPND) rather than to the citizens of Zambia? Such a proposition is not only incorrect but dangerous, as it shifts accountability away from the electorate to partisan interests.
Equally misplaced is the concern about how an independent President would form Cabinet. Article 116(1) of the Constitution clearly provides that the President appoints Ministers from among Members of Parliament. It does not require that those Members belong to the President’s political party. A President, independent or otherwise can appoint capable individuals from across the political spectrum, including independent and opposition Members of Parliament. This is precisely the kind of inclusivity that strengthens national unity and promotes merit-based governance.
It is also important to clarify that the qualifications for presidential candidates are not determined by the Electoral Commission of Zambia (ECZ) or the Registrar of Societies, but are firmly enshrined in the Constitution, which remains the supreme law of the land.
Furthermore, the assertions made by Mr. Bwalya have no legal backing whatsoever. They are not supported by any provision of the Constitution or statutory law and risk misleading the public.
Of particular concern is his claim that the Constitutional Court’s decisions are predetermined based on its composition. This assertion is speculative, undermines judicial independence, and risks eroding public confidence, as the Court is mandated to decide matters impartially based on law and evidence not assumptions.
In light of this, Mr. Bwalya as a senior legal practitioner, is advised to ground his public statements in established legal principles and constitutional provisions rather than advancing arguments based on mere assumptions. Public discourse on constitutional matters demands accuracy, responsibility, and respect for the law, especially from those entrusted with legal expertise.
Issued by:
Richard Bravo Mulenga
Presidential Spokesperson
Independent Presidential Candidate Dr. Given Katuta.