In a country where elections are frequently contested, there is something unusual about a legal challenge that comes from within a political party itself.
The man before the Constitutional Court questioning the validity of President Hakainde Hichilema’s candidature in the August 13 general election is Charles Longwe, the founder of the very party whose nomination process he is now challenging. The court has set June 19 as the date it will hear the matter.
This is not a routine petition. It is a dispute that raises questions about whether the UPND followed its own procedures before submitting its presidential candidate to the Electoral Commission of Zambia.
The Argument Behind The Petition
Longwe’s case is built on a single legal argument: that the UPND did not hold a valid convention before nominating President Hichilema as its presidential candidate on May 22, 2026.
He contends that the party’s constitution required a convention to be held before any valid adoption of a presidential candidate could take place. Without that convention, he argues, the nomination itself is constitutionally defective.
Importantly, the petition does not challenge President Hichilema’s citizenship, age, qualifications or personal eligibility to contest the election.
Instead, the case focuses on whether the party complied with its own constitution when it selected its candidate. That distinction is important because the proceedings focus on the nomination process itself rather than the personal qualifications of the candidate.
The UPND Pushes Back
The ruling party has already moved to defend the nomination process.
Lawyers representing President Hichilema, including State Counsel Mulambo Haimbe and Michael Moono, have confirmed their participation in the matter. The UPND has also sought to have the petition dismissed, arguing that it lacks merit.
With the August election approaching, the case places the party’s nomination process under judicial scrutiny at a time when campaigns are intensifying across the country.
A Hearing Scheduled For June 19
The Constitutional Court has assigned the matter for a full bench hearing. Judge Martin Musaluke presided over the scheduling conference that set June 19 as the hearing date. Judgment is expected to be delivered at a later stage.
The timing is significant. Recent weeks have seen several election-related disputes move through the courts involving parliamentary candidates, running mates and nomination procedures.
The challenge involving President Hichilema’s candidature now joins a growing list of election matters awaiting determination before polling day.
Questions Before The Court
Whatever decision the Constitutional Court reaches, the proceedings will require judges to interpret the relationship between party constitutions and national electoral processes.
Political parties establish their own constitutions, procedures and rules. Where questions arise regarding compliance with those rules, courts may be called upon to determine whether the processes followed were consistent with the governing documents of the party concerned.
How the Constitutional Court interprets the UPND’s procedural obligations could influence how political parties approach nomination processes in future elections.
Longwe maintains that the party constitution must be followed.
The UPND maintains that its nomination process was valid and that President Hichilema was properly adopted as the party’s presidential candidate. The matter will now proceed to hearing on June 19.
Until then, President Hichilema remains the UPND’s adopted candidate, while the petition continues through the Constitutional Court process ahead of the August 13 general election.
EDITOR’S NOTE: The Constitutional Court is scheduled to hear the petition on June 19, 2026. The matter concerns the process through which President Hakainde Hichilema was nominated as the UPND presidential candidate for the August 13 general election.
