CSOs Urge Govt to Abandon Current Constitution-Making Terms of Reference
A consortium of twelve Civil Society Organisations (CSOs) has accused the government of manipulating the ongoing constitutional review process and warned that history will judge harshly those placing political or personal interests above the collective will of the Zambian people.The review process is crucial for the future of the Zambian Constitution.
The organisations, led by Chapter One Foundation executive director Josiah Kalala, said the current Technical Committee on Constitutional Amendments is operating under terms of reference that make it accountable to the Executive, compromising its independence and ability to reflect the aspirations of ordinary citizens in the Constitution.
“The Committee operates under provisions that make it accountable to the Executive, undermining its independence and ability to reflect the will of the people of Zambia,” Kalala said. He argued that this structure contradicts President Hakainde Hichilema’s earlier calls, when in opposition, for an inclusive, transparent and legally protected constitution-making process.
Kalala said President Hichilema had previously advocated for a people-driven document anchored on broad consultation and consensus, but the present process was far from that vision. “The direction President Hichilema has taken now contradicts his own long-held position. We wonder what could have changed,” he said.
The CSOs said the lack of transparency in how the committee was appointed and its continued insistence on proceeding despite growing public criticism has eroded confidence in the reform process. They warned that the government’s approach risks producing a document that serves narrow political goals rather than national unity.
“The government’s insistence on going ahead, particularly as the country moves closer to elections, erodes public trust and casts doubt on the credibility of the process,” Kalala added. He said the constitutional review should be an empowering national exercise, not a controlled operation under political supervision.
The organisations have demanded that the government abandon the current Terms of Reference (ToRs) and the entire structure of the Technical Committee. They proposed the creation of a new framework that guarantees representation of all sectors of society, including opposition parties, faith-based organisations, women’s movements, and youth bodies.
Kalala said genuine constitution-making must affirm every citizen’s stake in the nation’s future and warned that failure to uphold this principle would mark a betrayal of Zambia’s democratic values. “Constitution making, when done right, is an empowering tool that affirms every citizen’s stake in the nation’s future. What we have now is a process that lacks consensus and is driven by political expediency,” he said.
The CSOs further stated that the current Terms of Reference fall short of facilitating inclusivity and consensus. They described them as “a disaster” that risks producing a divisive outcome instead of a unifying national charter.
“The Terms of Reference, as they stand, do not provide for genuine citizen participation,” Kalala explained. “They are designed to legitimise decisions already made by a few individuals in power.”
The organisations have vowed to continue engaging the public through community meetings and civic education campaigns to raise awareness of what they describe as the dangers of an exclusive process. They called on Zambians to reject any draft constitution that is not derived from broad public consultation.
The dispute echoes earlier constitutional crises in Zambia’s political history, where rushed amendments were later reversed due to lack of legitimacy. The CSOs have urged the government to learn from those experiences and allow adequate debate before any adoption.
Kalala concluded by saying that only a genuinely inclusive process can produce a constitution that stands the test of time. “If this process continues unchecked, it will only deepen division and mistrust. The constitution belongs to the people, not the government of the day,” he said.
