CONSTITUTIONAL AMENDMENT PUSH CRITICIZED AS MANIPULATIVE

…it would be absurd to suggest that just because delimitation must be carried out every ten years, the Constitution should also be amended every ten years says Dr M’membe

Lusaka… Wednesday March 26, 2025

In a sharp rebuke of President Hakainde Hichilema’s push for constitutional amendments, Socialist Party (SP) President Dr Fred M’membe has cited the head of state for dishonesty and manipulation.

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According to Dr M’membe, the justification provided for amending the Constitution — to increase the representation of women, youth, and people living with disabilities, as well as to effect the delimitation of constituencies — is misleading. 

Dr M’membe asserted that President Hichilema initially cited the need to address lacunae in the Constitution as the primary reason for the amendments.

However, he contended that the narrative has now shifted to focus on increasing the participation of marginalized groups and addressing the vast geographical size of some constituencies

“I hate liars and manipulators,” Dr M’membe stated, adding that manipulation is often opportunistic and lacks substance.

He expressed concern that such tactics, when employed by the head of state, could become dangerous.

“When manipulation becomes government policy, it is time for it to be resolutely put away,” he emphasized. 

Dr M’membe argued that the linkage between delimitation and constitutional amendments was baseless.

He pointed out that delimitation is a separate process governed by Articles 58 and 59 of the Constitution, while amendments fall under Article 79.

He explained that the Electoral Commission of Zambia (ECZ) is empowered to review and adjust constituency boundaries but cannot create new constituencies, as that authority is not provided for in the Constitution. 

“It would be absurd to suggest that just because delimitation must be carried out every ten years, the Constitution should also be amended every ten years,” he said.

He further noted that invoking international best practices to justify constituency increases was flawed, as international standards must first be domesticated into local law before they become binding. 

Addressing the representation of women, youth, and people living with disabilities, Dr M’membe highlighted that the current Constitution already mandates equal representation through Article 259.

He attributed the lack of progress to poor implementation rather than legal shortcomings. 

“We don’t need constitutional amendments to increase representation; what we need is respect for the current Constitution,” he insisted.

He urged political parties to enact subsidiary legislation under Article 60 to ensure gender equity in the National Assembly, as envisioned in the Constitution. 

Dr M’membe challenged the ruling UPND to commit to this approach, arguing that it would achieve greater diversity without partisan changes to the Constitution.

He expressed willingness to sign a formal accord and engage in discussions on implementing the proposal. 

“This would guarantee a significant increase in women and youth representation without the need for constitutional amendments,” he concluded.