The leadership of Hakainde Hichilema’s government in Zambia is currently generating intense debate, particularly regarding its alleged use of the law to undermine democracy. A recent opinion piece by Dr Sishuwa Sishuwa has raised concerns over President Hichilema’s approach to legal and constitutional reforms in the country.
The opinion expressed in the article focuses on the accusation that the Hichilema government is using lawfare to prevent former President Edgar Lungu from running in the 2026 elections. Dr Sishuwa raises apparent inconsistencies in the manner in which the Constitutional Court approached the question of Lungu’s presidential eligibility in 2017, and argues that the current government is pursuing a political strategy aimed at discrediting him.
However, it is important to note that the legal and constitutional debates surrounding Lungu’s eligibility are not limited to a single interpretation. Legal experts such as John Sangwa have expressed divergent opinions on this delicate issue. Sangwa argued that the Zambian Constitution, whether amended or not, clearly states that any person can only be elected to the presidency twice.
The legal dispute surrounding Lungu’s eligibility culminated in 2021 with a petition to the Constitutional Court seeking an official declaration on Lungu’s status as a potential candidate. However, the Court’s majority avoided making a definitive decision on the issue, preferring to focus on more procedural aspects of the law.
Ultimately, it is essential to distinguish objective legal considerations from possible political motivations that could influence decisions surrounding presidential eligibility in Zambia. The balance between the rule of law and political interests remains a major concern in a country in democratic transition like Zambia.
As the debate over Lungu’s electability continues, it is imperative that the country’s legal institutions act impartially and transparently to ensure the integrity of the democratic process. Zambia’s future as an emerging democracy rests on its ability to uphold the fundamental principles of the rule of law and promote an inclusive and equitable political culture for all its citizens.