The Road to Constitutional Reform: is this time the charm?

Sixty years after independence, Zambia is still in pursuit of a constitution that will stand the test of time, represent the interests of the people and be a vehicle of democratic governance. Each government since 1964 has amended the constitution, either in part or as a whole document with the most recent attempt being Constitutional Amendment Bill No. 10 of 2019 famously known as ‘Bill 10’. The 2016 amendment of the constitution revised the whole document save for Part III, the Bill of Rights, which can only be amended through a referendum as required by law.

On 26th March 2025, the Minister of Justice, Hon. Princess Kasune MP, announced the government’s roadmap and timeline to undertake constitutional amendments. The Honourable Minister’s statement delivered in Parliament detailed 13 key issues for reform and cited a parallel electoral reform process that has already been embarked on by the Electoral Commission of Zambia. Constitutional reforms were included in the manifesto of the United Party for National Development and have been a part of its constitutional reform agenda and to aid national development through good governance in Zambia. However, with Constitutional Amendment Bill No. 7 of 2025 (Bill 7), slated to be presented to Parliament in the year preceding the General Elections, the intentions of the government to amend the Constitution have been met with scrutiny. The constitutional reform process is scheduled to take place over the course of three (3) months from 22nd April to 25th July 2025. The roadmap and timeline shared by the Ministry of Justice indicate a thirty-day period, 21st May to 21st June 2025, set aside for public consultation.
The government’s approach to constitutional amendments is to address what have been termed ‘non-contentious issues’. The Oxford English Dictionary defines ‘non- contentious’ as “being formal and not likely to cause disagreement between people.” As such Bill 7 represents the government’s attempt to address areas within the constitution which are believed to have broad based consensus. This was emphasised in the Ministerial statement in which Hon. Kasune stated that the government intends to make changes to the constitution to address non-contentious issues only. Thus, Bill 7 includes changes to facilitate the equitable distribution of the constituency development fund (CDF), increased participation of women, youth and persons with disabilities, and electoral changes to ensure that by-elections remain unaffected by the withdrawal of a candidate.

The proposed amendments raise several concerns over the substantive content of the Bill and the constitutional reform process which has been adopted. Firstly, the decision to begin amending the constitution close to the elections raises concerns on the purpose and quality of reforms that will be implemented. Bill 7 proposes that Article 68(2)(b) of the Constitution be repealed and replaced with Article 68(e) which will allow the nomination of ten (10) Members of Parliament by the President. It also proposes that the number of Members of Parliament increase to 211 from 156. While this increase ties in with the preposition to increase constituencies to ensure equitable distribution of the Constituency Development Fund, the increase in nominated Members of Parliament appointed by the President may expand the influence of the Executive on the Legislature. This has potential to undermine the separation of powers, the principle which mandates that power is not concentrated in one arm of government. This concern can be linked to the delimitation of constituencies mentioned above. It is not clear how this will be implemented as the Electoral Commission of Zambia is yet to release its report on the delimitation exercise it conducted in 2019 and it is not clear how it intends to avoid resulting in gerrymandering.

Secondly the roadmap presented raises concerns over whether there will be sufficient and effective consultation with the public. This stems from the fact that there is currently no information on the mechanisms through which the public will be invited to contribute to the reform process. Informed public review of the proposed amendments requires that the public be made aware of the means and ways in which they can share their feedback on the bill with the government for its consideration. The requirement for public consultation is stipulated in Article 89 of the constitution and as such this process must include all Zambians. It is unclear whether the thirty-day consultation process will afford all Zambians the opportunity to exercise their civic duty. The period seems hardly sufficient to obtain and incorporate feedback from stakeholders in all provinces much less provide mechanisms to receive feedback in local languages to ensure that the process is inclusive and accessible.

Finally, as has been reflected in public discourse since the Honourable Minister’s statement, there is valid concern over what is being deemed ‘non-contentious’. While it is understood that the agenda of the government is to enact amendments with broad based consensus, it might be noted that contention can be gleaned from the on the public’s response to the Honourable Minister’s statement and the issues it highlighted for reform. In this regard, it would have been prudent to borrow from the Kenyan example in which contentious and non-contentious issues were publicly determined. The task to identify the issues was the mandate of a Committee of Experts that was established by law. The CoE categorised issues threefold; highly contentious, resolvable differences and agreed upon. In adopting this approach, the Kenyan government ensured that issues identified were prioritised and comprehensively addressed before their inclusion in the new constitution.

In conclusion, holistic constitutional reform should be favoured over piece-meal amendments to create a constitution which serves the best interests of ‘we the people’ and stands the test of time. It is well-known that a constitution that upholds principles oF democracy, good governance and rule of law is one that serves the citizens. Therefore, these underlying tenets must be reflected through all reforms made to our constitution and in the processes adopted for reform. To stand the test of time, it must uphold the rights and freedoms of citizens, provide checks and balances and uphold the separation of powers between the arms of government. If Bill 7 is an attempt at achieving such a constitution, more time, detailed discussion of the issues and engagement with the public will legitimise the reform process as one done with the best interests of the people and broad-based consensus.

Chapter One Foundation Limited promotes and protects human rights, human rights defenders, constitutionalism, social justice and the rule of law in Zambia, primarily through strategic litigation, advocacy and capacity building. Our aim is to promote and protect the Constitution and the rights included in it and by so doing contribute to a democratic dispensation in which citizens can freely participate in the democratic governance of their country.