Technical Committee Report Sets Out Broad Constitutional Changes Amid Legitimacy Disputes

Technical Committee Report Sets Out Broad Constitutional Changes Amid Legitimacy Disputes

Lusaka, December 6, 2025. The Technical Committee appointed by President Hakainde Hichilema to examine proposed constitutional amendments has released an extensive package of reforms against a backdrop of continuing objections from groups that question the legality of the process. Critics argue that the decision to proceed with Bill 7 disregarded earlier court interventions and bypassed parliamentary standing orders, which prevent reintroducing a rejected Bill in the same session. Despite these concerns, the committee completed its assignment and has now outlined significant adjustments to Zambia’s political and administrative framework, including measures that will impact governance in Zambia. This process aims to ensure that the voices of all citizens in Zambia are considered, thus reinforcing the commitment to a democratic Zambia.

The committee, chaired by retired Justice Christopher Mushabati, was appointed on October 2, 2025. It conducted provincial sittings in all ten provinces and supplemented these with virtual sessions in district council chambers. Written submissions were received through submission boxes across all districts, the official website and email platform, as well as oral presentations in English, local languages and sign language. The report confirms a total of 11,864 submissions, including 2,181 made during public sittings, 3,667 through district submission boxes and 6,016 via online platforms. These contributions informed the recommendations contained in the document, further highlighting the importance of citizen engagement in shaping the future of Zambia and ensuring that every citizen’s voice in Zambia counts towards a thriving Zambia.

A central proposal is the introduction of a Mixed Member Proportional Representation system for Parliament and local government. The National Assembly would increase to 283 members, consisting of 226 constituency based Members of Parliament elected under First Past the Post, and 40 reserved seats allocated through closed party lists according to each party’s share of the national vote. The reserved seats would be distributed as follows: 16 for women, 12 for youth and 12 for persons with disabilities. In addition, the Assembly would include up to 10 nominated Members of Parliament, the Vice President, the Speaker and the First and Second Deputy Speakers.

The committee states that these proposals respond to the wide support expressed during consultations for enhanced participation of groups that are not well represented in the current political structure. Submissions from the public drew attention to regional and international practices that use proportional mechanisms and quotas to broaden representation. The committee notes that several past constitutional review bodies have recommended similar adjustments.

The report includes a recommendation to lock the total number of constituencies in the Constitution and require a transparent delimitation process at intervals of not more than ten years. This process would rely on census data to ensure that constituency boundaries reflect population changes and support fair allocation of public resources. The committee also proposes clearer rules for handling nomination disputes by adding an appeal mechanism that allows unsuccessful candidates before a nomination tribunal to appeal to the Constitutional Court within seven days, with the Court required to hear and determine the matter within twenty one days.

With regard to the executive, the committee recommends amending Articles 116 and 117 to require that Ministers and Provincial Ministers be appointed from outside Parliament, subject to ratification by the National Assembly. The report states that this measure would improve separation of powers, strengthen oversight and allow Members of Parliament to focus on constituency and legislative responsibilities. It also recommends that Ministers continue in office after Parliament is dissolved to preserve continuity in the discharge of executive functions.

Local governance proposals include removing term limits for mayors and council chairpersons, leaving decisions about tenure to voters. The committee further recommends retaining by elections, citing their value for accountability and representation. Public submissions also called for Councillors to receive gratuity, and for Councillors and Ward Development Committee members to be considered for salaries. These proposals are included in the committee’s summary of recommendations. The committee also recommends replacing the phrase “Grade 12 certificate” with “School Certificate” in relevant sections of the Constitution.

The report sets out additional reforms, including extending the presidential petition hearing period from fourteen to twenty one days and ensuring that the Attorney General and Solicitor General remain in office until successors are appointed. It standardises age definitions by classifying a child as a person under eighteen, a youth as a person aged eighteen to thirty four and an adult as anyone eighteen or older.

Taken as a whole, the report outlines major adjustments to Zambia’s electoral system, governance arrangements and administrative processes. The scope of the recommendations reflects both the volume and diversity of submissions received, even as questions about how the process progressed continue to feature prominently in national discussion.

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