GOVERNMENT WARNS OF POSSIBLE “CONSTITUTIONAL CRISIS” IN 2026 ELECTIONS IF KEY LAW IS NOT AMENDED BY DECEMBER

Lusaka, Tuesday – The Government says the 2026 General Elections could face a major constitutional crisis unless a critical provision in the Constitution is amended before the 25 December 2025 deadline.

Chief Government Spkesperson Cornelius Mweetwa pointed to Article 52(6) as a serious loophole that must be addressed urgently. The clause allows a presidential candidate to withdraw after filing nominations, forcing the Electoral Commission of Zambia (ECZ) to cancel the election and start the nomination process again. He warned that if a candidate pulls out shortly before Election Day, ECZ would be legally required to stop the election but unable to reprint ballot papers in time.

“In its current form, Article 52(6) can create a constitutional crisis. A candidate can withdraw days before the election, and there would be no time to reprint ballots. This situation could potentially advantage an incumbent President,” Mr. Mweetwa said.

He explained that political parties had agreed in 2023 to amend non-contentious parts of the Constitution, but progress stalled after the suspension of 40 Patriotic Front MPs. The process was revived in September 2024 following President Hakainde Hichilema’s call to fix outstanding constitutional gaps.

The proposed Constitutional Amendment Bill No. 7 of 2025, currently before a National Assembly select committee, seeks to resolve this issue. Mr. Mweetwa dismissed claims that the bill aims to expand presidential powers, saying it only focuses on specific, non-controversial amendments.

The Bill also proposes a clear timeline for resolving presidential election petitions and includes measures to improve gender representation in Parliament.

He emphasized that Parliamentary Standing Orders require any bill deferred for more than six months to be automatically withdrawn. For Bill No. 7, this deadline falls on 25 December 2025.

“If we do not act by December 25th, this Bill will lapse, and we will enter the 2026 elections with a known constitutional risk,” he warned.

Mr. Mweetwa added that stakeholder consultations remain open and noted that recent court attempts by the Oasis Forum and LAZ to stop the bill had failed, as the judiciary ruled that parliamentary processes cannot be blocked.

“As the UPND Government, we will follow the law. Those who prefer the Constitution to remain with this flaw should state their position clearly,” he said.