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