The Law Association of Zambia (LAZ) has carefully reviewed the provisions of the Constitution Amendment Bill No. 7 of 2025, which was published in the Government Gazette on 23rd May 2025. The Government has signaled its intention to introduce this Bill on the floor of the National Assembly as part of efforts to reform the country’s constitutional order.
LAZ notes with concern that the proposed constitutional amendment process excluded stakeholders and citizens from meaningful involvement. The Bill appears to have been published in the Gazette merely for the public’s general information, without any clearly established pathway for participation prior to its submission to the National Assembly. Furthermore, the Government has not disclosed any information regarding the processes followed in drafting the content of the Bill or any changes made to it, nor has it revealed which stakeholders contributed recommendations.
It is LAZ’s position that the Constitution is a people’s document, and the participation of citizens in its formulation must not be compromised. The preamble of the Constitution affirms this fundamental principle. Moreover, Article 79 of the Constitution, which outlines the procedures for amending the Constitution, must not be interpreted in a manner that excludes the very people who are its rightful custodians.
Governments and ruling parties—who exercise delegated power on behalf of the people—have an obligation to establish a legally protected process that ensures citizens’ meaningful participation in reforming the supreme law of the land and in safeguarding its content.
Therefore, it is LAZ’s position that Constitution Amendment Bill No. 7 of 2025 lacks the broad-based stakeholder engagement and consensus required to deliver a legitimate and acceptable constitutional reform process.
Unfortunately, because this Bill has not benefited from the collective wisdom and input that inclusive consultation brings, some of the proposed amendments risk eroding the democratic foundations upon which our country is built. LAZ wishes to draw the nation’s attention to the following concerns:
1.Section 8 of the Bill proposes to amend Article 72(8) of the Constitution to allow vacancies in the office of Member of Parliament (MP) to be filled by the political party from which the MP was elected. This is dangerous, especially in the context of weak intra-party democracy. It not only deprives citizens of the right to elect their representatives, but it also opens the door to potential abuse—where democratically elected MPs could be replaced, without elections, by more compliant party members. Such a provision would undermine accountability and weaken the checks and balances embedded in our democratic system, to the detriment of the citizenry.
2.The proposed amendments aimed at increasing the participation of women, youth, and persons with disabilities are wholly inadequate. They lack the input of the very stakeholders they are meant to empower.
3.The proposed increase in the number of elected MPs to 211 is based on the Electoral Reform Technical Committee Report, a document that remains hidden from public scrutiny despite being the product of a public process. Citizens cannot meaningfully debate the creation of new constituencies when the locations of these constituencies are treated as confidential. It is also difficult to justify the urgency in expanding the National Assembly at a time when the country faces economic constraints. Rather than spending scarce resources on more MPs, Government should prioritize implementing the decentralization policy to ensure that resources reach communities at the grassroots level. There is no empirical evidence suggesting that smaller constituencies perform better than larger ones, nor that an increased number of MPs will drive economic development.
In light of the above, LAZ calls on the Government to heed the voices of the Church, traditional leaders, civil society, and other stakeholders by withdrawing Constitution Amendment Bill No. 7 of 2025. Constitutional reform must be grounded in genuine, broad-based stakeholder engagement and consensus—both in substance and process—to ensure the legitimacy of the outcome.
In the meantime, LAZ will convene a Public Forum to provide members and the general public with an opportunity to express their views on the ongoing constitutional reform process.
This press release, issued in the national interest and in the promotion of constitutionalism and legal reform, is in line with LAZ’s mandate under Section 4 of the Law Association of Zambia Act No. 31 of the Laws of Zambia.
LUNGISANI ZULU
President
The economy needs that money that others are intending to spend on matters that won’t immediately and longtermly impact the citizen needs.
My way ?
With our struggling economy let us save our little resources to improve our energy capacity in the country and not spending money on more MPs. In good faith, can this thing be withdrawn please
He looks an alcoholic
The beginning of the end for Bill7
Politics of progress demand foresight and pragmatism – how long do you want to keep kicking-the-can down Future Alley? It is better to let this through and throw it to legal challenge in the courts where the demerits can be concretised. Secondly instead of Alliances we must have a clear coalitionary clause – that would encourage “national interests” rather than elitist politics as practiced today…its taken RSA 3 decades to get “constructive democracy”. Similarly Trump’s megalomania will better the US constitution in the end, just like his fascist anti-Havard approach. Dear learned LAZ this “Abortive Approach” to constitutional review is NOT helping develop democracy but perpetuating the elitist “we-know-best mantra” a la Sangwa, Sishuwa, One-party-democracy!!
You cant grasp Sangwa and Sishuwa so just leave them out of your argument
Increasing the number of MPs will demand that the government should look for extra money to pay these members of Parliament as salaries and allowances, at the time when the country is struggling with economic challenges.
Government should concentrate on dealing with civic leaders who are misappropriating and stealing government CDF funds as established by auditor general’s report for the year ended 30 December 2023.
It has also the advantage of efficient delivery of development as the constituencies will be manageable after delimitation.
Some consistencies are too huge for one Mp to traverse and develop.
@Tony traverse and develop…is that an MPs job? I thought we vote him in to debate and make laws that enable us to develop?
2026
LAZ is better off as well, to comment on other articles that have been cited. For example, is it ok for any presidential or MP candidate to pull out anytime and the whole electoral process starts again? Have we resolved the petition to resolve the electoral dispute within 14 calendar or work days? How much do we spend on bye elections? What you should be doing is to suggest to govt how to fix these things not fear mongering. The issues raised have been in draft constitutions and nothing has changed.
Voice of people?
Even Nkhosi raised issues on the flawed consultative process on this bill yesterday. It appears successive governments never learn. UPND is failing in every thing, and what is saving them and to help them continue in 2026 is a totally confused and dysfunctional opposition
The current Opposition parties are playing the game cautiously because of the current attitude of the Police and the Party in Power.They cannot hold any political meeting so that they brief the general Zambian public of the checks and balances.For PF,they have done the right thing not to disclose who will challenge HH in 2026 because of the harassment such a candidate would face if he or she was publicly displayed.
What people don’t understand is that we have a bunch of people who would be willing to do anything to stay in power. They are the kind that would be willing to start civil war just to ensure they stay in power. But we must oppose this sinister bill at all costs.
Why withdraw the bill?….Mr Zulu should just ask his fellow Tonse members who are MP’s to vote against the bill.
Thats what parliamentary democracy is about. The threshold is 2/3 to amend the constitution.
When bill 7 is passed just know that UPND, PF and independent members collectively voted for it.
It must be withdrawn because it has not achieved a broad based consultative process. Isn’t in the public domain that even a prominent Chief in Eastern province raised that issue yesterday. The only thing and only thing which requires amendment in the current constitution is the withdrawal of candidates only, the rest can wait until the next new government comes to sort out the economic mess created by the PF and the UPND, of course worsened by the UPND
I notice that in most African countries when governments fail on the economic front the way the UPND has clearly failed with no where to hide now, they turn to constitutions. Excuses have run out remember blames on the Ukraine war, then the PF and conveniently on the drought and yet the UPND economic decline started way before the drought. Remember in their second year in power their FISP had people sharing fertilisers in medas. Competence and capacity clearly lacking
No money to employ doctors but money to employ 55 new MPs is available. Whoever bewitched this country did a lot of harm
UPND doesnt need doctors. They believe in witchdoctors. That part of practice is what they are more interested in. Thats why they have taken two alleged witchdoctors to court for muti that didnt work on HH
The bill should be revised and then brought back after amendments. For example doing away with by elections may be retained but increasing the number of MPs must be removed altogether.
HH doesn’t listen to advice. So, I don’t see him withdrawing this Bill.