Zambia's Bill 7 Sparks Political Firestorm: Passage Ignites Debate, Bribery Allegations & Legal Challenges

Published 1 day ago5 minute read
Pelumi Ilesanmi
Pelumi Ilesanmi
Zambia's Bill 7 Sparks Political Firestorm: Passage Ignites Debate, Bribery Allegations & Legal Challenges

Zambia's Constitution (Amendment) Bill No. 7 has successfully passed through Parliament with overwhelming support, now awaiting presidential assent to become law. This legislative milestone, which saw votes of 131 to 2 at the second reading and 135 to 0 at the third reading, has, however, ignited a fierce national debate and exposed deep divisions within the country's political landscape and civil society.

Proponents of Bill 7, including the Minister of Justice, Princess Kasune, expressed profound gratitude and humility for the Bill's passage, recognizing it as a momentous occasion for Zambia. Mark Simuuwe, UPND Media Director, lauded Members of Parliament for transcending partisan interests to support a bill aimed at promoting inclusivity for women, youth, persons with disabilities, and strengthening governance, accountability, and constitutional clarity. UPND MP Twaambo Mutinta also welcomed its passage, citing extensive consultation as a basis for the strong parliamentary backing.

The path to the Bill's passage was marked by significant legal challenges. The Constitutional Court had, in June 2025, initially faulted the State for initiating the amendment process without wide public consultation, advocating for a people-driven approach. Subsequently, Attorney General Mulilo Kabesha sought to have this earlier position vacated, arguing that public participation, while crucial, could be achieved through parliamentary mechanisms.

A coalition of civil society organizations, the Oasis Forum—comprising the Law Association of Zambia (LAZ), NGOCC, and several church mother bodies—petitioned the Constitutional Court to halt Bill 7 and nullify actions by the President's Technical Committee on Constitutional Amendments. They argued for interim relief, citing potential irreparable harm and public interest. However, their application for a conservatory order was dismissed by the full bench, which ruled that the application was made "too late in the day" as the Technical Committee had already concluded its work and submitted its report, thus leaving "nothing to conserve or to stop the commission from doing."

Conversely, another coalition of civil society organizations, represented by Centre for Peace, Research and Advocacy Executive Director Cliffton Chifuwe, urged the Constitutional Court to dismiss the Oasis Forum's petition. They contended that the petition was premature, improperly commenced, legally spent, and merely recycled issues already before the courts or conclusively determined. Chifuwe further argued that such proceedings constituted an abuse of court process, potentially leading to conflicting decisions, and that the core issues were more amenable to judicial review than a constitutional petition.

Bill 7 faced stringent criticism from various opposition figures and civil society advocates. Nkana Member of Parliament Binwell Mpundu, leader of the Movement for Good Governance, defended his decision to vote against the Bill as a matter of conscience, describing the outcome as a "moment of national clarity" rather than defeat. He contrasted what he termed an "old way of doing politics" characterized by fear with a new path of courage and accountability. Mr. Lubinda lamented December 15, 2025, as a "sad day" for Zambia, alleging that MPs detached themselves from their constituents and that the debate following the Constitutional Court ruling was illegal. FDD spokesperson Anthony Chibuye and Patriotic Front (PF) presidential contender Makebi Zulu denounced the Bill's passage as an "attack on the constitution" and a "direct assault on Zambia’s constitutional order," accusing Parliament of defying court rulings and attributing the outcome to alleged executive corruption and betrayal by MPs.

The conduct of the Speaker of the National Assembly, Nelly Mutti, also drew sharp condemnation for her celebration following the Bill's passage. Critics described her actions as "inappropriate," "dangerous," and symbolic of "the capture of an institution meant to defend the people." They argued that such a display undermined parliamentary integrity, neutrality, and respect for the rule of law, especially during a moment of constitutional controversy.

The parliamentary vote on Bill 7 notably exposed significant internal turmoil within the Patriotic Front (PF). Despite public commitments and agreements with groups like the Oasis Forum to reject the Bill, over 30 out of the 57 PF MPs voted in its favour. This outcome was seen as a "glaring and shocking manifestation of a lie" within the party, indicating a loss of control by the PF leadership over its members. Analysts suggest that many PF MPs are seeking political survival by aligning with the ruling UPND amidst ongoing leadership wrangles, signaling a potential shift in Zambia's political landscape where the PF's traditional influence is significantly diminished.

Substantively, while government officials argue that Bill 7 modernizes governance and enhances representation for marginalized groups through a mixed electoral model, critics from Transparency International Zambia and ConstitutionNet warn of centralizing effects. They highlight concerns such as an expanded Parliament (from 156 to 211 constituency seats), increased presidential influence, weakened accountability, and issues regarding the cost and transparency of the reforms. Political historian Professor Bizeck Phiri, however, anticipated the Bill's passage, expecting it to solidify the Zambian constitution. Internationally, civil society warnings about potential power consolidation ahead of the 2026 election cycle have attracted investor attention, as noted by Bloomberg.

Member of Parliament Imboela, while supportive of proportional representation as a positive aspect of Bill 7 for fostering inclusivity, strongly criticized the manner in which the Bill was enacted. She described the process as "unfair and disrespectful to Zambians," arguing that despite the appointment of a technical committee to collect public views, these consultations failed to genuinely influence the final outcome. Imboela contended that the Bill was ultimately "pushed through" without adequate public involvement, undermining the will of the people.

In conclusion, the passage of Bill 7, though a legally advanced constitutional amendment, continues to grapple with fundamental questions of legitimacy and calls for greater public trust and constitutional scrutiny. Binwell Mpundu, reflecting on the vote, expressed optimism that this moment, rather than being a defeat, marks a turning point where citizens are called to "stand taller for what is right," suggesting a new chapter for Zambia's democratic future, albeit one born from contentious debate and profound political divisions.

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