UNDERSTANDING PRESIDENT HAKAINDE HICHILEMA’S ELIGIBILITY FOR UPND PRESIDENCY
Tobbius Chilembo Hamunkoyo-LLB
In politics and law, confusion often arises not because the law is complicated, but because it is read too quickly, selectively, or sometimes even ignored. This is exactly what we are witnessing in the debate raised by Charles Longwe on Prime TV regarding whether Hakainde Hichilema can contest again as Party President of the United Party for National Development (UPND).
As both a lawyer and an author, it is important to bring this discussion back to basics, because the law is not meant to confuse people, but to guide them clearly and fairly.
Let us begin with what the UPND Constitution actually provides. Article 79 states that a Party President may be elected for an “indefinite period,” subject to the Constitution. Many people misunderstand the word “indefinite,” assuming it means someone can remain in office forever. That is not correct. In legal interpretation, words must always be read within their proper context. “Indefinite” simply means there is no limit on how many times a person can stand for election, not that there are no limits at all.
When Article 79 is read together with Article 75, the position becomes very clear. Article 75 provides that elections for Party President are held every five years. In simple terms, this means no one holds office permanently, but anyone is free to contest as many times as they wish. The opportunity to stand is unlimited, but each term of office is fixed and subject to renewal by the people through elections. This is a key democratic principle, it ensures both participation and accountability.
To illustrate this, consider a simple example. In a school, a head prefect may be elected every year. Any eligible student can contest each year, but once elected, they only serve for that specific term. After that, they must seek a fresh mandate. This is the same principle reflected in the UPND Constitution. It allows continuity in leadership while ensuring that authority ultimately remains with the electorate.
The second part of Article 79 is where much of the misunderstanding arises. It states that once a Party President becomes Republican President, they are limited to serving only two terms as Party President, and those terms must run alongside their presidency. This is indeed a limitation, but it is important to understand its scope. It is a restriction on the duration of service in that dual role, not a restriction on eligibility to contest. The Constitution does not state that such a person is barred from standing again; it simply limits how long they may serve while holding both positions.
The argument advanced by Charles Longwe introduces concepts such as “consecutive” and “concurrent” terms. However, these terms do not appear in the Constitution. As a matter of legal principle, interpretation must be based strictly on what is written, not on what one believes should have been included. Introducing external concepts into constitutional interpretation risks distorting the law and misleading the public.
Another issue raised is the claim that the Party President’s term expired earlier this year. From a legal standpoint, this argument is not sustainable. In constitutional practice, leadership does not automatically cease simply because a specified period has elapsed. There must be a lawful process of transition, typically through an election or convention. Until that process occurs, the incumbent remains in office. This principle is essential for maintaining stability and preventing institutional uncertainty.
In conclusion, when the UPND Constitution is read carefully, fully, and in context, the legal position is clear. Hakainde Hichilema remains eligible to contest the position of Party President. The Constitution allows unlimited opportunities to stand for election, provides for five-year terms, and only limits service to two terms once an individual is serving as Republican President. The law, when properly understood, is not a source of confusion but a guide to clarity and order for all.