Mundubile Suffers Court Setback in Challenge Against President

Patriotic Front MP and presidential candidate Brian Mundubile has suffered a significant legal defeat after the Constitutional Court ruled against his attempt to directly sue President Hakainde Hichilema over alleged constitutional breaches.

In a ruling delivered on December 5, 2025, Justice M.Z. Mwandenga granted an application by the Attorney General to have President Hichilema removed from the case, dealing a blow to Mundubile's legal strategy.

Mundubile, who represents Mporokoso Constituency, had joined forces with Celestine Mukandila, National Youth Chairman of the opposition Tonse Alliance, to file the petition on November 3, 2025. The pair sought declarations that would potentially disqualify the President from contesting the 2026 elections.

However, the court sided firmly with the government's position, determining that Mundubile and his co-petitioner had improperly named the President as a respondent. Justice Mwandenga ruled that under Zambian constitutional law, such challenges must be directed at the Attorney General, not the President personally.

The judgment represents a setback for Mundubile. The court noted the significance of the petitioners' professional status when considering certain aspects of the ruling.

Despite the Attorney General's request for costs against the petitioners, the court declined to award them, ordering instead that each party bear their own expenses related to the application.

While Mundubile's case will continue against the Attorney General, the removal of President Hichilema from the proceedings undermines the opposition MP's attempt to create direct legal jeopardy for the sitting President ahead of the 2026 elections.