Solicitor General, Muchende, asks Constitutional Court to remove Hichilema from eligibility petition

Solicitor General, Marshal Muchende, has asked the Constitutional Court to remove President Hakainde Hichilema from a high-stakes petition challenging his eligibility to contest the 2026 general elections.

In an affidavit filed before the court, Muchende argued that the Constitution prohibits the institution or continuation of civil proceedings against a sitting President for acts done or omitted in a private capacity.

He said the Attorney General was the rightful party to represent the Government in such matters.

“I verily believe that the President, who is currently performing executive functions, cannot be sued directly in civil proceedings,” Muchende stated.

“Any allegations connected to his official acts should properly be directed at the Attorney General,” he said.

He submitted that the petitioners’ decision to cite President Hichilema personally was improper and that the Head of State should be “disjoined” and substituted with the Attorney General.

The petition was filed by PF Mporokoso Member of Parliament Brian Mundubile and Tonse National Youth Secretary, Celestine Mukandila, who allege that President Hichilema violated his oath of office and breached several constitutional provisions by initiating a constitutional amendment process without broad public consultation.

They are asking the court to declare the President ineligible to stand in any future election, including the 2026 general polls, arguing that his actions contravened Articles 8(c) and (e), 9, 90, 91(3)(a) and 92(1) of the Constitution.

According to the petitioners, the President’s conduct amounted to a failure to uphold and protect the Constitution— a breach they say should carry the ultimate consequence of disqualification from office.

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