The government has unveiled a detailed roadmap for Zambia’s constitutional reform, outlining the specific areas that will guide the work of the newly appointed Technical Committee on Constitutional Amendments. The Terms of Reference (ToRs), approved by Cabinet and released on Monday, set out the precise scope, composition, and operational limits of the committee’s mandate.
Secretary to the Cabinet, Patrick Kangwa, said the ToRs were designed to bring clarity, consistency, and transparency to the long-debated amendment process. He said the technical team would concentrate on proposals contained in the failed Constitution Amendment Bill No. 7 of 2019, focusing particularly on the electoral process, judicial reforms, and decentralisation.
Kangwa explained that the committee will be required to engage broadly with Zambians through public consultations, written submissions, and expert input to ensure inclusivity and public confidence. “The committee will consult with local and international experts on constitutional law, governance, and electoral systems,” he said, adding that the goal is to produce a well-balanced and implementable set of amendments that address long-standing governance gaps.
The ToRs stipulate that the committee will examine matters such as the conduct of elections, the nomination and resignation of candidates, and the role of state institutions in electoral dispute resolution. Other key focus areas include gender representation, youth participation, and measures to strengthen checks and balances between the three arms of government.
Government has also directed the committee to study the performance of previous constitutional commissions and draw lessons from their successes and failures. “We must learn from our past attempts and deliver a product that stands the test of time,” Kangwa stated.
The process will include written and oral submissions from citizens, civil society, and professional bodies. Draft recommendations will be subjected to review by Cabinet before the final report is tabled in Parliament. Kangwa said the process was intended to “strengthen constitutional democracy and enhance citizen participation.”
The technical body’s establishment marks a major step toward long-awaited constitutional stability following years of political divisions over the amendment process. The government aims to avoid past pitfalls, particularly those that led to the collapse of Bill 10 and other reform efforts.
The explicit ToRs could limit controversies that previously surrounded constitutional reform exercises, which often lacked clear timelines and direction. The current arrangement, they argue, places accountability squarely on the committee and Cabinet, ensuring that no new or extraneous issues are introduced midstream.
The Technical Committee is expected to deliver its report to Cabinet within months, ahead of any legislative action. Once the process is complete, Parliament will debate the proposals and determine which amendments proceed to referendum or direct enactment, depending on their nature.
This new approach aligns with President Hakainde Hichilema’s pledge to modernise Zambia’s governance structures while preserving democratic oversight. The inclusion of legal practitioners, gender experts, and representatives of youth and persons with disabilities in the committee reflects the administration’s stated commitment to a people-driven constitution.
The constitutional review process, first initiated in 2023, has drawn wide attention across political lines. While ruling-party lawmakers see it as a corrective measure to streamline governance, opposition parties remain cautious, calling for guarantees that the process will not be used to entrench political advantage.
For now, the publication of the ToRs provides what officials describe as a “clear and credible roadmap” one that aims to complete Zambia’s protracted journey toward a durable, inclusive, and transparent constitutional framework.
Below is the Full TORs
REPUBLIC OF ZAMBIA
PRESS RELEASE
TERMS OF REFERENCE FOR THE TECHNICAL COMMITTEE ON AMENDMENTS TO THE CONSTITUTION OF ZAMBIA, 2025
The Government of the Republic of Zambia has constituted a Technical Committee on Constitutional Amendments to undertake a consultative and inclusive process of reviewing provisions of the Constitution of Zambia that may require reforms. This process is intended to strengthen constitutional democracy, enhance citizen participation, and ensure that the supreme law of the land reflects the aspirations, diversity, and evolving governance needs of the Zambian people.
The public is hereby informed of the Terms of Reference for the Technical Committee as follows:
1. PURPOSE OF THE COMMITTEE
The primary purpose of the Technical Committee is to consult the people of Zambia and to review, and benchmark best constitutional practices from within and outside Zambia and to propose amendments to the Constitution with a view to consolidate democracy and constitutionalism, enhance equitable and balanced representation and distribution of resources across the Republic and to promote inclusivity, accountability, and effective representation in governance systems and structures.
2. SCOPE OF WORK AND DELIVERABLES OF THE COMMITTEE
The Committee shall:
2.1 Facilitate nationwide consultations with citizens, civil society, political actors, religious and traditional leaders, professional bodies, and all key stakeholders to gather views on proposed constitutional amendments.
2.2 Conduct a technical and legal review of relevant constitutional provisions in light of the submissions received, comparative practices, and constitutional principles.
2.3 Draft proposed constitutional amendments and provide justifications for each proposal.
2.4 Draft a report on the overall findings of the work of the Technical Committee and make recommendations.
2.5 Ensure that all recommendations are guided by the principles of democracy, good governance, inclusivity, and national unity.
3. TERMS OF REFERENCE
In order to amend the Constitutional provisions that have a bearing on the political, economic and social development of the country, the Technical Committee’s specific Terms of Reference are as follows: –
3.1 Receive submissions from the people of Zambia with respect to provisions relating to the electoral process and the electoral system as a whole, and specifically provisions relating to:
3.1.1 The delimitation and delineation of Constituencies and Wards with a view to ensure fair, equitable and balanced representation and distribution of resources across the Republic.
3.1.2 The promotion and enhancement of effective participation of Women, Youths and persons with disabilities in elective positions and governance institutions in accordance with the principles of inclusivity, equality and equity.
3.1.3 By-elections, considering various factors such as the cost of by-elections.
3.1.4 The number of nominated Members of Parliament.
3.1.5 The filing in of fresh nominations after the resignation of a candidate in Presidential, Parliamentary and local government elections.
3.1.6 Transitional and statutory mechanisms with a view to ensure predictability and clarity in the term of office of all elected representatives.
3.2 Receive submissions from the people of Zambia with respect to provisions of the Constitution relating to the term of Member of Parliament and office of Minister.
3.3 Receive submissions from the people of Zambia with respect to provisions of the Constitution relating to the hearing of Presidential, Parliamentary and local government election Petitions with a view to enhance the administration of justice in such election Petitions.
3.4 Receive submissions from the people of Zambia with respect to the composition of local government and the tenure of office of local government officials.
3.5 Receive submissions from the people of Zambia with respect to the definition of Youth, Child and Adult.
3.6 Receive submissions from the people of Zambia with respect to Constitutional Office holders, specifically the tenure of office of Attorney General and Solicitor General, and the qualifications of the Secretary to the Cabinet.
3.7 Receive submissions from the people of Zambia with respect to provisions of the Constitution that are connected or incidental to the above areas.
4. GUIDING PRINCIPLES AND VALUES
In the exercise of its duties, the Technical Committee shall be guided by Article 8 and Article 19 (d) of the Constitution with emphasis on:
a) Morality and ethics;
b) Patriotism and national unity;
c) Democracy and constitutionalism;
d) Human rights, equality, social justice and non-discrimination;
e) Good governance and integrity;
f) Sustainable development; and
g) Prudent and responsible use of public resources.
In the process of receiving submissions at National, Provincial and District levels, and drafting the Constitutional amendments, the Technical Committee shall observe, apply and cause to be observed and applied, the following policy guidance:
a) Efficiency and cost-effectiveness;
b) Accountability and responsibility to the People of Zambia; and
c) Confidence-building, trust and developing national consensus for the Constitutional amendment process.
5. METHODOLOGY
5.1 Conduct literature review in relation to the specific Terms of Reference.
5.2 Consult with local and international experts on Constitutional Law and Practice.
5.3 Consult with local stakeholders and citizens at Provincial And District levels.
5.4 Review the Reports and draft Constitutions of previous Constitutional Review Commissions, Technical Committee, National Constitutional Conference, and Electoral Reforms Committees with regard to the specific terms of reference.
5.5 To review and benchmark the progressive Constitutional provisions of other countries that are suitable comparators to the Republic of Zambia, taking into consideration the context, design and purpose of their Constitutions, the values and principles enshrined therein and, the vision and ideals reflected in those Constitutions as it relates to the specific Terms of Reference.
The Government of the Republic of Zambia wishes to encourage the citizens across the breadth of the country to make submissions to the Technical Committee and participate in the process.
Patrick K. Kangwa
SECRETARY TO THE CABINET