WHY THE CHIEF JUSTICE MAKES HICHILEMA’S PRESIDENCY OFFICIAL
WHY THE CHIEF JUSTICE MAKES HICHILEMA’S PRESIDENCY OFFICIAL
On 1 September, President-elect Hakainde Hichilema will take the presidential oath and formally begin his second term in office.
But who actually makes the presidency official?
Not the ruling party.
Not Parliament.
Not the Electoral Commission of Zambia.
And not even the outgoing President
Under Zambia’s Constitution, it is the Chief Justice.
Article 105(1) provides that the President-elect must be sworn in by the Chief Justice — or, in the absence of the Chief Justice, by the Deputy Chief Justice
And that backup provision is not merely theoretical.
When Hichilema was first sworn in as President in 2021, the oath was administered by Michael Musonda, who was serving as Acting Chief Justice at the time.
The constitutional choice of the judiciary is significant. Zambia places the administration of the presidential oath in the hands of the judiciary rather than Parliament, reinforcing the principle that presidential authority derives from the Constitution and the law, rather than from a political party or electoral victory alone.
Zambia is not alone in this approach. Countries such as Nigeria and Zimbabwe also have senior judicial officers administer the presidential oath.
The symbolism is clear: elections determine who wins political power, but the law is what gives that power constitutional legitimacy.
Even the timing of the inauguration is prescribed by law.
Article 105(2) provides for the swearing-in on the Tuesday following the expiry of the seven-day period within which a presidential election may be challenged, or after the Constitutional Court has determined the matter where a petition has been filed.
That is why Tuesday, 1 September 2026 is the scheduled inauguration date.
In other words, the date is not simply a political decision or ceremonial tradition. It follows the constitutional process governing the conclusion of the presidential election.
On 1 September, Hichilema will therefore not merely be celebrating an electoral victory. He will be taking an oath before the judiciary and assuming the constitutional office of President of the Republic of Zambia.