Recently, Mr. Kasonde Mwenda, President of the Economic Freedom Fighters (EFF) posted a video of himself on his Facebook page alleging that President Hakainde Hichilema was on leave without formally delegating his executive authority to the Vice President or another constitutional office-bearer.
This claim is misleading.
iVerify Zambia has established that while it is true that the President had been in Choma for some time, he was not on leave but on a working holiday, as announced prior to his departure for Choma and reiterated by the Chief Government Spokesperson, Mr. Cornelius Mweetwa, during a media briefing in Choma district.
Article 109(1) of the Zambian Constitution cited by Mr. Mwenda only mandates a formal delegation of Presidential functions when the President leaves the country or is absent from office. It states as follows:(1) If the President leaves Zambia or is absent from office, the Vice-President shall perform the executive functions specified, in writing, by the President until the President returns to office or revokes the authority.
Since President Hichilema was within the country and not on leave, he remained fully in charge of his office. Therefore, there was no constitutional requirement to issue a written delegation of authority.
However, if he had taken leave, a Statutory Instrument (SI) would have been published in the Government Gazette, specifying who the President would have delegated his authority to.Constitution of Zambia (Amendment) [No. 2 of 2016 9]
Government Media Engagement on January 16, 2026
