A faction within the United Party for National Development (UPND) has reported individuals it describes as “masquerading as party leaders” to the police, citing personation and grounding its position in provisions of the party constitution.

In a statement, Mark Simuuwe said the decision to report the matter was informed by what he described as constitutional backing for the current substantive office bearers within the party. He said the group had acted after reviewing internal provisions governing leadership tenure and authority structures.

Simuuwe referenced Article 79 of the UPND constitution, which provides that a party president is eligible for election for an indefinite period, subject to conditions tied to holding the office of Republican President. He said the provision states that a party president elected as Republican President shall serve two terms running concurrently with that office.

He said the group’s interpretation is that President Hakainde Hichilema’s tenure as party president is running concurrently with his tenure as Republican President, and that the current process around the General Assembly is focused on electing the president and members of the National Management Committee (NMC).

Simuuwe said it was the group’s considered view that Article 79 supports the position that Hichilema remains the legitimate office bearer, forming the basis for reporting what they describe as impersonation to law enforcement authorities.

He further said the group had examined provisions relating to the scheduling of the General Assembly and found that the party constitution does not prescribe a specific date. He said the authority to determine such timing rests with the National Management Committee, as provided under Article 57 of the constitution.

Simuuwe added that, in their view, the timing of the previous General Assembly was also determined by the NMC, reinforcing their interpretation of the committee’s role in managing such processes.

On the question of tenure, he said the constitution provides for the holding of a General Assembly “every five years,” which the group interprets as a fixed tenure rather than a requirement to convene within a five-year window. He said calling a General Assembly earlier would result in office bearers serving less than the prescribed period.

He also argued that if a strict five-year interpretation were to be applied, it would need to align with the party’s anniversary month, which he said is not February.

Simuuwe said the group concluded that those they accuse of acting as office bearers were doing so with full knowledge of these constitutional provisions. He said the decision was made to treat the matter as a criminal issue rather than an internal dispute.

“Our decision has been informed by the argument that we have constitutionally supported substantive office bearers,” Simuuwe said.

He added that instead of engaging in internal constitutional arguments, the group opted to pursue the matter under criminal jurisdiction, leading to the decision to report the case to the police.