Makebi Zulu Says Passage of Bill 7 Defies Constitutional Court

Lawyer and civil rights activist Makebi Zulu has strongly criticised the parliamentary decision that advanced Constitution Amendment Bill No. 7 of 2025, describing the move as a direct challenge to constitutionalism and the authority of the judiciary in Zambia.

In a statement issued following Parliament’s decision to take Bill 7 into Second Reading, Zulu said the action amounted to open defiance of what he described as clear pronouncements by the Constitutional Court. He stated that when Parliament proceeds as though decisions of the country’s highest court do not matter, it weakens the foundations of the constitutional order.

“The passing of Bill No. 7, in open defiance of the clear pronouncements of the Constitutional Court, is a grave affront to constitutionalism and the rule of law in Zambia,” Zulu said. “When Parliament proceeds as though the highest court in the land does not matter, it sends a chilling message that legal limits on power are optional, not binding.”

Zulu argued that Members of Parliament had departed from their constitutional obligations by prioritising political considerations over their oath of office. He said those elected to defend the Constitution had instead chosen what he characterised as political convenience and partisan instruction.

“Those who swore an oath to defend the Constitution have instead chosen political convenience over principle, power over prudence, and partisan instructions over their duty to the Republic,” he said.

He questioned the conduct of lawmakers during the process, asking where representatives were who were prepared to oppose the Bill even at personal political cost. He suggested that integrity should outweigh electoral considerations when constitutional principles are at stake.

Zulu also criticised the conduct of the Speaker of the National Assembly, referring to what he described as a celebratory display following the vote. He said such conduct undermined the expected neutrality and professionalism of the presiding officer.

“The disgraceful display of a dance by Madam Speaker in celebration of what is open defiance of the judiciary is nothing short of lawlessness, immaturity and a first in the Commonwealth to show the leaning of a presiding officer,” Zulu said, adding that the conduct was “quiet unprofessional.”

Looking ahead, Zulu framed the development as the beginning of a broader civic response. He said the advancement of Bill 7 marked a new phase in the struggle for democracy and respect for the rule of law, urging citizens to organise and speak out.

“The struggle for democracy and respect for the rule of law begins in earnest today,” he said.

Zulu called on citizens to prepare to hold leaders accountable through democratic means, specifically pointing to the next general elections scheduled for August 2026. He urged Zambians to respond peacefully and within the framework of democratic participation.

“Citizens must now organise, speak out, and prepare to hold their leaders accountable in August 2026, when the people will have the opportunity to pass their own verdict at the ballot box,” Zulu said.

Bill 7 has now moved into the Second Reading stage of Parliament, where the principle of the proposed constitutional amendments is under consideration. The Bill is expected to proceed to Committee Stage for clause by clause scrutiny before returning to the House for Third Reading, which will again require the support of not less than two thirds of all Members of Parliament to advance further.

The National Assembly has voted to take the Constitution of Zambia Amendment Bill 7 of 2025 into Second Reading, marking the point at which Parliament begins formal consideration of the principle of the proposed constitutional changes.

The vote recorded 131 Members of Parliament in favour, two against, with no abstentions. The outcome means Bill 7 has successfully entered the Second Reading stage, where the House assesses whether it agrees with the overall purpose and direction of the Bill before proceeding to detailed examination.

Under Zambia’s constitutional framework, Second Reading is a decisive stage for any Bill, and it carries heightened importance for constitutional amendment legislation. Unlike ordinary Bills, which require only a simple majority of Members present and voting, a Bill seeking to amend the Constitution must obtain the support of not less than two thirds of all Members of Parliament at Second Reading for Bill 7.

The National Assembly currently has a total membership of 164 Members. On this basis, the minimum number of votes required for a constitutional amendment Bill to pass Second Reading is 110. The recorded vote of 131 therefore met and exceeded the constitutional threshold required for the Bill to proceed.

The numerical composition of Parliament at the time the Bill entered Second Reading consists of 97 Members from the United Party for National Development, 55 Members from the Patriotic Front, 10 Independent Members, and one Member each from the National Party for Unity and Progress and the National Congress Party. The recorded vote reflects that the two thirds requirement was achieved within this parliamentary configuration.

At Second Reading, Parliament does not debate the Bill clause by clause. Instead, Members consider whether the Bill should be accepted in principle. If a constitutional amendment Bill fails to secure the required two thirds support at this stage, it falls and does not advance further in the legislative process. Such failure may occur if the number of Members voting in favour is below the constitutional minimum, or if absences and abstentions reduce the affirmative vote below the required threshold. Because the calculation is based on the total membership of the House, abstentions have the same practical effect as votes against.

With Bill 7 now properly before the House at Second Reading, the next step in the process is progression to the Committee Stage, provided the Second Reading debate is concluded and the House carries the motion. At Committee Stage, Members will consider the Bill in detail, clause by clause, and may propose amendments to specific provisions.

Following Committee Stage, the Bill will be reported back to the House and, if carried forward, presented for Third Reading. At Third Reading, the Constitution again requires support from not less than two thirds of all Members of Parliament for the Bill to pass. Only after clearing Third Reading can the Bill be submitted to the President for assent.

The movement of Bill 7 into Second Reading therefore marks a critical procedural milestone. While the Bill has advanced within Parliament, it remains subject to further debate, voting thresholds, and constitutional steps before it can become law.

The National Assembly of Zambia passed the Constitution of Zambia (Amendment) Bill No. 7 of 2025 after a special session convened for that purpose. The vote followed the suspension of key parliamentary Standing Orders on Friday, December 12, which allowed the bill to be rushed through its final stages without the standard notice period or procedural delays.

The motion to suspend Standing Orders 116(3) and 123 was moved by Vice President Mutale Nalumango. These rules typically require 24 hours’ notice for proposed amendments to legislation and prohibit more than one stage of a bill Second Reading, Committee Stage, and Third Reading from being completed in a single sitting. Their suspension enabled the government to complete all remaining stages of Bill 7 in a single day, before Parliament adjourns until February 2026.

Constitutional law expert Professor Cephas Lumina had submitted a formal written opinion to the Parliamentary Select Committee on December 9, 2025. In his submission, he argued that the bill is void ab initio because it originated from an unconstitutional initiation process. He also contended that the Technical Committee on Amendments to the Constitution had acted beyond its authority after becoming functus officio on December 1, rendering its subsequent report and engagement with the Select Committee legally impermissible. Professor Lumina urged the committee to discontinue all further consideration of Bill 7 and recommend that any future amendment process restart in full compliance with the Constitution.

Despite acknowledging receipt of Professor Lumina’s submission, the Select Committee’s final report did not list him as a witness. The committee completed and tabled its report with what some observers described as astonishing haste, raising questions about whether written submissions were meaningfully considered during the deliberations.

Opposition parties signaled their intent to boycott the vote. Patriotic Front (PF) senior member Brian Mundubile announced that PF Members of Parliament would not participate in the deliberations on Bill 7, citing concerns over its legality and the government’s disregard for a court judgment that declared the bill a nullity. Socialist Party (SP) president Dr. Fred M’membe echoed this stance, urging all opposition MPs, including independents and UPND members of goodwill, to stay away from Parliament on voting day. All People’s Congress (APC) president Nason Msoni described the upcoming vote as a serious public test of MPs’ loyalty.

Dr. M’membe referenced the UPND’s actions during the vote on Bill 10, when then-opposition leader Hakainde Hichilema kept his party’s MPs at his residence to prevent them from voting. He called on current MPs to heed the warnings from religious, traditional, civic, and intellectual leaders who have spoken against Bill 7.

The bill’s proponents, including the ruling United Party for National Development (UPND), maintain that the proposed amendments are non-contentious and aimed at improving governance. However, critics argue that the bill seeks to expand executive power, alter electoral timelines to entrench incumbency advantage, and replace by-elections with party-controlled replacements. They contend these changes threaten the country’s democratic foundations.

Legal scholar Sakwiba Sikota criticized President Hichilema for prioritizing constitutional amendments over pressing economic issues facing the nation, such as unpaid farmers and inadequate healthcare and education services. Leadership Movement president Dr. Richard Silumbe warned that Bill 7 is a “death trap” for Zambians, potentially creating a presidency that could disregard the Constitution at will. Movement for Multiparty Democracy (MMD) interim chairman Gaston Sichilima urged citizens to ignore threats from New Nation Party president Dr. Nevers Mumba, who has warned of a potential constitutional crisis if Bill 7 fails, noting that similar predictions in the past have not materialized.

The Electoral Commission of Zambia (ECZ) has been asked to provide a delimitation report that justifies the proposed increase in constituencies. The ECZ disclosed to the Select Committee that a report was prepared in 2019 and revised, but it is now under the control of the Executive. Minister of Foreign Affairs Mulambo Haimbe stated during a televised debate that it is up to the ECZ to publish the report, creating a contradiction with the ECZ’s position.

The Zambia We Want (ZWW) party has warned the ECZ against tampering with the voters’ register, expressing concern that the current civil service has become aligned with the UPND. ZWW secretary general Muhabi Lungu demanded an urgent external audit of the voter register, which is targeted to reach 10.5 million people, citing doubts about the practical possibility of achieving this target.

In a separate development, Police Public Relations Officer Godfrey Chilabi issued a warning to individuals planning to disrupt proceedings at Parliament Buildings and surrounding areas. He stated that anyone engaging in unlawful activities would face firm action in accordance with the law.