Is President HH Banking on UNIP’s 1996 Blunder to Win His Second Term?

By Kapya Kaoma

When the Constitutional Court ruled to block Lungu from contesting the 2026 elections, no sensible person was surprised. President HH dismissed and replaced the three judges responsible for their earlier ruling that had deemed Lungu eligible to contest the 2021 elections—which he ultimately lost. The fact that the newly appointed judges ruled in favor of HH was unsurprising; after all, ‘He who pays the piper calls the tune.’

What did astonish me, however, was how little effort was made to connect that ruling with the events of the 1996 elections. Much like President HH, Chiluba had become increasingly unpopular during his first term. In just three years, Zambians, like the Hebrews in Egypt, longed to return to the Kaunda era. People missed the golden years when they lived better. Whenever Kaunda held campaigns, he drew large crowds—something that made Chiluba insecure. Despite preaching democracy and freedom, Chiluba resorted to terrorizing his opponents. In fact, he even shot at Kaunda, missing him by mere inches. When all else failed, Chiluba sought to change the Constitution, rendering Kaunda stateless. Muhabi Lungu represented Kaunda in challenging the parentage clause that stipulated both parents must be Zambians by birth or descent. Since Zambia’s independence in 1964, no individual whose parents were born before that year is eligible for the presidency. Tragically, the Chiluba judges ruled against Kaunda, declaring him stateless. Years later, when Mr. Sata attempted to prevent then-Vice President Rupiah Banda from contesting the elections on the claim that his mother was from Zimbabwe, the court ruled in favor of Banda. Why? Because his party was in power.

I find it difficult to respect the Zambian courts–they are owned by the party in power. Regardless of personal allegiances, it’s evident that our justice system is deeply flawed. Why should rulings always go in favor of the ruling party?

Paulo Freire links education to questioning rather than merely absorbing knowledge. He argues that state-sponsored education is premised on preserving the status quo. Students are seen as sponges to absorb what the state considers “good” education. A good teacher deposits knowledge into a student for safekeeping—hence the banking concept of education. By “good,” Freire means maintaining things as they are. There is no room for questioning—only belief. This type of education fails to facilitate transformation and is an instrument employed by the elite to keep people in a cycle of poverty and oppression. Questioning enlightens the conscience and gives birth to a genuine desire for freedom and liberty, which poses a threat to the oppressor.

Of course, very few young people are aware of the events of 1996. The history taught in Zambian schools scarcely mentions this transformative period. Thus, HH appears to be playing the same game Chiluba did, with seemingly similar results—possibly winning the 2026 elections after neutralizing his biggest threat, Edgar Lungu.

In 1996, UNIP boycotted the elections while smaller parties opposed the MMD. As a result, Chiluba won his second term. Will Edgar Lungu and his supporters fall for the same? Boycotting is off the table! They must fight. Wasting time in courts is also futile—they are likely to rule in favor of HH.

The answer lies in the hands of citizens. We possess the power to tell corrupt judges that enough is enough. They are public servants, not agents of the ruling party.

President HH is convinced he is beloved by all Zambians. Shouldn’t he be excited that he will humiliate Lungu at the polls in 2026? The truth is that HH is terrified of Lungu. The Constitutional Court eliminated Lungu without him ever entering the ring. As citizens, it is time to hold the court accountable by demanding impartial rulings. A “No Lungu, No Elections?” campaign could send a strong message to all judges that we object to politically motivated rulings. This is key to safeguarding our democracy.

A word of caution to the opposition: don’t be deceived into thinking Lungu must be replaced by someone else. This is precisely what President HH is hoping for—he wants to run against a weaker candidate, one without a record; someone who will make similar promises to those once made by candidate HH. Remember, ‘The devil you know is better than the devil you don’t.’ It’s a winning strategy for HH.