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HERE IS WHAT MADE BILL 10 OF 2019 BAD AND WHAT MAKES IT DIFFERENT FORM BILL 7 OF 2025

Published 3 days ago6 minute read

HERE IS WHAT MADE BILL 10 OF 2019 BAD AND WHAT MAKES IT DIFFERENT FORM BILL 7 OF 2025
By Shalala Oliver Sepiso

1: REMOVAL OF 50% PLUS ONE VOTE FOR THE ELECTION OF THE PRESIDENT
Bill 10 sought to remove this clause from the constitution as the only way for one to be elected president and it proposes what the PF called a coalition government. This meant that someone could become President without being elected by the majority. The PF understood that President Edgar Lungu had become incapable of reaching 50% in 2021, Afterall he only got 50.2% in 2016 and much less in 2015.

It was fairly obvious to anyone that under the then constitution, Edgar Lungu could not return to State House in 2021.
Bill 7 on the other hand doesn’t remove 50%+1 vote. We, as the UPND, know that President Hakainde Hichilema, shall retain his seat with another comfortable majority and doesn’t need to change the constitution to win.

2: CHANGE OF COMPOSITION OF PARLIAMENT
Bill 10 sought to remove the limit of number of MPs in the house. What this meant was that Zambia could have ended up with 500 MP’s is the leadership so wished. Most of these would have not been elected by the people but appointed by the President under the proposed Bill 10’s Mixed-Member Electoral System. Had that passed, the ruling party would have been able to change the number of MPs in parliament at anytime they wished by just a 50% simple majority vote in the House.
Bill 7 on the other hand has a specific number of MPs enshrined in it and that is 211 for elected MPs,20 for women, 12 for youth and 3 for the disabled before adding the speakers.

3: REINTRODUCTION OF DEPUTY MINISTERS
Bill 10 sought to reintroduce Deputy Ministers and did not put a limit. What this meant was that every MP could be a Deputy Minister. You could legally have 5 Deputy Ministers in one ministry under Bill 10.
Bill7 rejects the reintroduction of Deputy ministers in government.

4: DISSOLVING FIC TO BECOME A DEPARTMENT OF DEC
Under Bill 10, The Financial Intelligence Centre was to cease to exist. It was going to be abolished and a new department under the Drug Enforcement Commission would take over the functions of the FIC.
Bill 7 doesn’t touch FIC or any other agency.

5: NO LIMIT ON NUMBER OF CONSTITUTIONAL COURT JUDGES
Under Bill 10, the President was going to appoint an unlimited number of judges to the constitutional court.


What this meant was that you could have 51 ConCourt judges legally. The President could increase the number of judges at anytime if he needed them to assist him in deciding cases, just as Edgar Chagwa Lungu did on the third term judgement. If the president felt insecure, he could just appoint more of his friends to the bench of the court would always be tipped in his favor. The Constitutional Court would become just a rubber stamp for the ruling party.
Bill 7 doesn’t touch the ConCourt.

6: REMOVAL OF MONETARY POLICY FROM BOZ
Under Bill 10, the Bank of Zambia was going to be stripped of its authority over monetary policy. What this means is that cabinet was going to be in control of printing money and directing monetary and interest rates. This was what Zimbabwe did and look at where they are; inflation skyrocketed to over 10 Million% and the currency became worthless, it was worth less than a roll of tissue, you had to go with a wheelbarrow full of billions of Zimbabwean Dollars to buy a loaf of bread. In the end Zimbabwe abandoned its own currency and adopted coupons and U.S Dollars.


Bill 7 ensures that monetary policy is left to experts in the fields of finance, banking and economics. This is because we cannot entrust monetary policy in the hands of the likes of Bowman Lusambo, Mumbi Phiri, Munir Zulu and Stephen Kampyongo?

7: REMOVAL OF PARLIAMENT OVERSIGHT ON NATIONAL DEBT
Under Bill 10, the PF government wanted to be able to borrow with impunity. They were not going to be required to obtain authorization from parliament to borrow money. Zambia was already sinking because of excessive debt, the kwacha and the economy were collapsing because 50% of the national budget went towards paying debt. As debts increased, taxes were also increasing on all Zambians because the government needed to raise money to repay that debt.
Bill7 doesn’t reduce powers of parliament.

8: CREATION OF PROVINCES AND DISTRICTS WITH IMPUNITY
Under Bill 10, the president was going to be able to create new districts and provinces with impunity and by declaration. This power was stripped off the President in the 2016 amendment and PF wanted it back. Presidents were going to be able create new provinces and districts in their strongholds or preferred locations and hence allocate more funds and other resources, legally, to those areas and deprive other parts of the country.
Bill 7 doesn’t give the president back those powers denied of him since 2016.

11: ELECTION OF MAYORS ABOLISHED
Under Bill 10, the people of Zambia were no longer going to be able to elect their mayors. Mayors would now be appointed by the party in the council chambers.
Bill 7 only wants to change their term limit but how they are elected remains within the powers of the voters.

CONCLUSION
Bill 7 has not be found wanting in terms of content. It is a brilliant law.

On the other hand, BILL 10 was effectively a constitutional declaration of a dictatorship in Zambia. For President Lungu, this was a matter of survival as he had run the most corrupt government in Zambia’s history.

He was frightened of what would happen to him, his family and colleagues once he left office. He stood no chance of being re-elected President in 2021 under the prevailing constitution. He needed Bill 10 to hand him extraordinary powers to impose himself on the people of Zambia as president for an extended period of time.

This law was going to be very destructive to this nation. People knew they owes it to future generations, their children and grandchildren, to stop this Bill from becoming law. Had the bill gone through, it was going to destroy the republic but it was going to take another two generations to repair the damage done by Bill 10.

Bill 7 is not about President HH or the UPND and is miles apart from Bill 10.

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