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A UPND member, Charles Longwe, who recently petitioned State House alleging that the tenure of the party’s top leadership, including presidency had expired, has once again dragged the party to the Constitutional Court seeking to nullify the nomination of President Hakainde Hichilema as the ruling party’s presidential candidate for the August 13, 2026 General Elections.
In his petition to State House, longwe cited Articles 56 and 75 of the party constitution as the basis of his claim, warning that the lapse, if unaddressed, may leave the party president and all registered office bearers exposed to penalties under Zambian law.
Zambia Monitor had reported that Longwe, an alleged ordinary member of the UPND further raised concerns about what he describes as “caginess” by the party Secretariat and “operational failure” of key portfolio committees.
Longwe later sued UPND Secretary-General Batuke Imenda in the Lusaka High Court, seeking orders to suspend the current office bearers and compel the ruling party to hold fresh internal elections.
He said the action followed guidance from the Registrar of Societies directing political parties to conduct regular elections.
In the latest petition, filed on Friday, Longwe cites Imenda, President Hichilema, the Electoral Commission of Zambia (ECZ), the Registrar of Societies and the Attorney General as respondents.
Longwe is challenging the legality and constitutionality of the processes that led to President Hichilema’s adoption as the UPND candidate, arguing that the party failed to conduct regular intra-party elections and elective General Assemblies as required under Article 60 of the Constitution and Section 18 of the Constitution of Zambia Act No. 1 of 2016.
According to the petition, the UPND allegedly operated through governance structures and office bearers whose mandates had expired, thereby rendering decisions and nominations arising from those structures unconstitutional.
“The constitutional defects complained of herein are cumulative, continuous, and incurable, rendering the nomination of the Second Respondent unconstitutional, unlawful, and void,” Longwe stated in the petition.
The petitioner argues that the party’s failure to hold regular internal elections denied ordinary members meaningful participation in the governance and leadership of the UPND, contrary to Articles 8 and 60 of the Constitution.
Longwe contends that on April 15, 2026, the UPND held an elective General Assembly at which President Hichilema was elected unopposed despite the alleged expiry of the tenure of party office bearers and structures two months earlier.
He also alleges that no elections were conducted for lower party structures before the General Assembly was convened.
The petition further states that on May 22, 2026, President Hichilema filed his nomination as UPND presidential candidate using an Adoption Certificate allegedly signed by officials whose mandates had expired.
Longwe wants the Constitutional Court to declare that decisions, acts and nominations undertaken by expired or irregularly constituted party organs are unconstitutional and challengeable where they affect constitutional or electoral rights.
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“According to the petition, the UPND allegedly operated through governance structures and office bearers whose mandates had expired, thereby rendering decisions and nominations arising from those structures unconstitutional,” the petition states.
He is also seeking an order setting aside the acceptance of President Hichilema’s nomination by the Electoral Commission of Zambia.
Longwe further asks the court for a declaration that the Adoption Certificate submitted in support of the nomination was invalid and of no legal effect.
“The constitutional defects complained of herein are cumulative, continuous, and incurable, rendering the nomination of the Second Respondent unconstitutional, unlawful, and void,” Longwe stated again in his prayers.
The Constitutional Court is yet to set a date for hearing the petition as Zambia prepares for the August 13, 2026 General Elections.
UPND, ECZ, the Registrar of Societies and the Attorney General have not yet filed responses to the legal challenge.
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