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Zambia's Constitutional Crisis: Bill 7 Ignites Fierce Debate, Threatening Political Unrest

Published 3 hours ago5 minute read
Pelumi Ilesanmi
Pelumi Ilesanmi
Zambia's Constitutional Crisis: Bill 7 Ignites Fierce Debate, Threatening Political Unrest

Zambia's proposed Constitutional Amendment Bill Number 7 of 2025 has ignited a nationwide debate, polarizing political entities, civil society organizations, and religious institutions. The Bill, which seeks to introduce significant changes to the country's electoral framework and governance system, is slated for crucial parliamentary deliberation, with its outcome poised to reshape Zambia's political landscape for generations.

Proponents of Bill 7 argue it is a transformative piece of legislation designed to enhance democratic participation and address historical imbalances. Peter Chanda, President of the New Congress Party, publicly endorsed the Bill, emphasizing its potential to improve proportional representation, broaden political involvement, and ensure that citizens' votes are more accurately reflected in legislative bodies. He stressed that proportional representation would tackle long-standing issues of voter disenfranchisement, particularly for smaller political parties and marginalized groups often excluded under the current electoral system. Similarly, Mweelwa Muleya, Spokesperson for the Human Rights Commission (HRC), described the Bill as "largely progressive" and capable of fostering inclusive democracy if implemented fairly. The HRC notably welcomed the proposed amendment to Article 47, which introduces a hybrid electoral system combining the First-Past-The-Post system with Proportional Representation, viewing it as a major step toward promoting inclusivity for underrepresented groups such as women, youth, persons with disabilities, and minority political parties.

Chief Government Spokesperson Cornelius Mweetwa of the United Party for National Development (UPND) expressed unwavering confidence in the Bill, declaring it safe from opposition and asserting its role in ushering in a new constitutional framework that expands inclusion. Mr. Mweetwa dismissed resistance as politically motivated, highlighting that the amendment process emerged from a broad consensus among Members of Parliament, not solely the ruling party's numerical strength. Minister of Justice Princess Kasune affirmed the government's commitment, acknowledging stakeholder concerns regarding clauses on by-elections, the dissolution of Parliament, and the ambiguity of the "Proportional Representation Ballot Paper" wording. She assured that necessary amendments would be made "at an appropriate time" and defended the proposal to include Members of Parliament in councils, arguing it enhances oversight on development programmes like CDF without creating conflicts of interest or violating the separation of powers. Additionally, Catholic priest Fr. Frank Bwalya supported the Bill, countering what he termed "alarmist claims" and asserting that the amendments aim to strengthen governance, improve constitutional order, and advance the country’s democratic evolution.

Despite the government's assurances, significant opposition and criticism have emerged. Chisala Kasakula, Vice President of the United Liberal Party (ULP) and a member of the One Zambia Alliance (WOZA), declared Bill 7 a "nullity," citing a judgment from the Constitutional Court. He argued that any parliamentary debate on the Bill is illegal, accusing the UPND government of disrespecting the rule of law. The Lusaka Catholic Archdiocese, in a pastoral letter, called the government's initiation of the constitutional amendment process "illegal" and aimed at "consolidating and perpetuating government rule." The Archdiocese warned that the decisions made now would mark a "huge structural shift" in Zambia's political history and urged Members of Parliament to discern wisely, act with prudence, and prioritize the interests of the people over self-interest.

Brian Mundubile, Parliamentary Chairperson of the Patriotic Front (PF), announced that PF lawmakers would boycott the Bill's Second Reading, citing constitutional breaches in its enactment and warning that participation could expose them to contempt of court. He accused President Hakainde Hichilema of manipulating constituency delimitation to resolve internal UPND succession battles and weaken independent candidates, arguing that the amendments aimed to restrict the participation of independent candidates in the 2026 General Elections, thereby shrinking democratic space. Socialist Party President Fred M’membe criticized the government's perceived unyielding and arrogant approach, cautioning that ignoring public demands signals a decline in leadership and constitutes "self-sabotage."

Further concerns extend to specific provisions and their broader implications. While the HRC generally supports the Bill, it raised strong objections to the proposed amendment seeking to disqualify individuals who belonged to a political party within two months prior to nomination from contesting as independent candidates. The HRC described this as undemocratic and a violation of freedom of association. Economically, a critical analysis highlights the substantial financial costs associated with expanding parliamentary seats. Each new Member of Parliament, along with their staff, office operations, and vehicles, would incur significant annual expenses, potentially exceeding K1.5 million per MP annually, excluding gratuity. This analysis questions the fiscal honesty of the Bill, warning that increased representation could lead to magnified bureaucracy and significant financial burdens, turning leadership into consumption and posterity into collateral.

The integrity of the electoral process itself has also been challenged. Emmanuel Mwamba, PF Chairperson for Information and Publicity, accused the Electoral Commission of Zambia (ECZ) of acting as a "useful tool of State House," citing repeated partisan conduct, particularly during by-elections and in interpreting candidate eligibility. He alleged that the ECZ's role in the formation of the Electoral Reform Technical Committee, which underpinned Bill 7, threatened the holding of credible, democratic, and fair elections. In response to questions about the ECZ delimitation report, Ministry of Justice Permanent Secretary Mwenya Bwalya clarified that there is no constitutional obligation to make the full report public, only the names and details of boundaries, which would take effect after the next dissolution of Parliament.

As Zambia's Parliament prepares for a defining session, the Constitutional Amendment Bill Number 7 of 2025 stands as a critical test of national resolve. The debate encompasses fundamental questions of legal legitimacy, political inclusivity, democratic principles, and fiscal prudence. The decisions made by Members of Parliament will undoubtedly shape the nation's democratic future and its trajectory for generations to come, underscoring the profound significance of this parliamentary moment.

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