Zambia's Democracy Under Fire: Controversial Bill 7 Ignites Fury & Division

Published 23 hours ago8 minute read
Pelumi Ilesanmi
Pelumi Ilesanmi
Zambia's Democracy Under Fire: Controversial Bill 7 Ignites Fury & Division

The passage of Constitutional Amendment Bill No. 7 in Zambia has ignited a fervent and often contentious public debate, highlighting deep divisions in civic engagement and political interpretation. Critics lament a discourse characterized by "reckless emotionalism fueled by ignorance," suggesting that many vocal participants have not thoroughly engaged with the Bill's contents or constitutional processes. Concerns have been raised about the focus shifting from the substance of the vote to the identity of the voters, undermining the constitutional principle that a serious legal instrument demands study, restraint, and respect for institutional order rather than anger or partisan hysteria. Leaders like Association President Yizukanji Siwanzi have condemned threats against Members of Parliament (MPs) on social media, reminding the public that such actions constitute a crime and that MPs are mandated to represent their constituents. Foundation for Democratic Process President Mwenda Mumbuna reiterated that MPs make laws on behalf of their constituencies, not solely their political parties, while Arthur Muyunda of the Southern African Centre for the Constructive Resolution of Disputes expressed regret that MPs face threats for simply performing their parliamentary duties by voting on Bill 7.

In contrast, President Hakainde Hichilema has emerged as a staunch advocate for Bill 7, facing initial criticism when he first addressed Parliament about constitutional deficiencies. Supporters praise his "clear vision and commitment to elevating Zambia to a higher status on the global stage," commending MPs who set aside personal and political differences for the greater good. The President hailed the Bill's passing as a testament to the "people's voice" exercised through their duly elected representatives, emphasizing the importance of respecting democratic outcomes and collective resolve. He called for the nation to unite and focus on national development, moving forward as "one people; government, the opposition, civil society, and citizens alike, moving forward together in one direction. United by our shared destiny, let us reaffirm our commitment to One Zambia, One Nation, and work collectively for the progress and prosperity of our country." The Western Province UPND Media Team congratulated the President, saluting his vision to enhance Zambia's greatness and improve citizens' lives.

The Bill achieved parliamentary passage with a decisive two-thirds majority, as 135 Members of Parliament voted in favor. Following this, the Presidential Assent ceremony took place at the Mulungushi International Conference Centre, bringing Bill 7 into immediate legal force. Minister of Justice Princess Kasune characterized the outcome as a direct expression of popular will, noting that the support of over 82 percent of MPs was a rare feat in Zambia's legislative history. She stated that President Hichilema had delivered a constitutional framework designed to "make the country better," highlighting reforms in representation, governance coordination, and inclusion. This marked a significant political inflection point, activating provisions for expanded constituencies, the introduction of proportional representation seats for women, youth, and persons with disabilities, and initiating a nationwide delimitation exercise by the Electoral Commission of Zambia.

The Patriotic Front (PF) party, however, remained vehemently opposed to Bill 7. Acting PF President Given Lubinda revealed that the party held numerous meetings with its MPs and opposition leaders, even invoking a "three-line whip" to prohibit members from supporting the Bill. PF National Chairperson Jean Kapata had explicitly warned that any PF MP voting for Bill 7 would automatically be considered expelled. Despite these stringent warnings, 135 MPs, including some from the PF and Independents, voted in favor. Lubinda expressed a need for the party's National Executive Committee (NEC) and Central Committee to investigate the "root cause" behind their members' defiance, stating, "there is more to it than meets the eye." PF presidential aspirant Makebi Zulu firmly backed the expulsion or suspension of dissenting MPs, arguing it was essential for the party to uphold its principles, regain public trust, and demonstrate unwavering commitment to its stated policies, even if it meant losing parliamentary representation. Former Religious Affairs Minister Godfridah Sumaili further endorsed Zulu, praising his perceived "servant spirit." In a clear act of defiance, the Patriotic Front formally cautioned all elected local government leaders against attending the Presidential Assent ceremony, branding it an attempt to "rubber-stamp and sanitise an illegal, illegitimate, and deeply flawed constitutional amendment process." The party cited a Constitutional Court ruling (Celestin Mukandila and Munir Zulu v. The Attorney General) to assert that the government's amendment process was fundamentally unconstitutional and disregarded the will of the Zambian people.

Critics across the political spectrum echoed concerns about the implications of Bill 7. Governance and human rights activist Brebnar Changala warned that the Bill's passage marked the "birth of dictatorship in Zambia" achieved without military force, accusing MPs of betraying their electorates for personal gain. He suggested that such MPs would face accountability in the 2026 elections. Democratic Union (DU) President Ackim Antony Njobvu launched a "scathing attack" on MPs who voted for the Bill, accusing them of prioritizing power consolidation over the welfare of Zambians. Njobvu asserted that Bill 7 was a direct assault on democratic principles, mirroring the widely rejected Bill 10, and suffered from similar flaws regarding inclusivity, transparency, and public consultation. Kafulafuta Independent MP Jeffrey Mulebwa publicly disassociated himself, stating his duty was to his constituents, whose interests, he believed, were not served by Bill 7. Public anger on social media mounted, with many citizens vowing to vote out MPs who supported the Bill in 2026.

Amidst the intense debate and political maneuvering, it is crucial to understand the factual contents of Bill 7 as passed and assented to, moving beyond "rumours, intentions, or speculation." Significantly, Parliament deleted three controversial clauses that had caused widespread public anxiety before the final passage:

  • Article 52 (Elections without candidates): This proposal, which would have allowed elections to proceed even if a candidate resigned or was disqualified after nominations, was removed. This ensures elections must still offer meaningful voter choice.
  • Article 72 (Replacement of MPs without by-elections): The attempt to allow political parties to replace MPs without by-elections was rejected. Voters retain the power to choose replacements through by-elections.
  • Article 73 (Dissolution of Parliament before elections): The proposal to dissolve Parliament one day before a general election was discarded, preserving parliamentary continuity and oversight during election periods.

The core reform retained in Bill 7 centers on the amendment of Article 68, which restructures the National Assembly and constitutionally anchors delimitation and inclusion. Under the amended Article 68, Parliament will now consist of:

  • 226 constituency-based MPs, reflecting population growth and Electoral Commission of Zambia (ECZ) delimitation.
  • 40 proportional representation MPs, allocated specifically as 20 women, 15 youths, and 5 persons with disabilities.
  • Not more than 11 nominated MPs, capped at five percent of elected seats.
  • The Vice-President, the Speaker, and the First and Second Deputy Speakers.

For the first time in Zambia’s constitutional history, women, youths, and persons with disabilities are guaranteed representation by the Constitution itself, making inclusion justiciable and enforceable in court, rather than being subject to party goodwill. Additionally, Bill 7 gives constitutional effect to the ECZ’s Delimitation Report, addressing demographic distortions in both rural and urban constituencies to improve representation and service delivery.

Crucially, Bill 7 does not introduce new tax laws or extend presidential terms, nor does it remove elections, abolish by-elections, suspend the Constitution, or legalize rule by decree—claims that are not found anywhere in the final text. While increasing representation carries a fiscal cost, Parliament weighed this against the higher long-term costs of underrepresentation, such as project failure, weak oversight, and entrenched inequality.

Under the new hybrid electoral system, Zambia has not introduced a separate ballot for proportional representation. Voters will continue to cast a single parliamentary vote in their constituency. However, this vote now serves two functions: it determines the winner of the constituency seat, and it contributes to that political party’s total national vote. After elections, the ECZ will aggregate all valid parliamentary votes for each party nationwide to calculate its national percentage. This percentage then determines the allocation of the 40 proportional representation seats. Political parties will submit ranked lists of candidates—complying with the constitutional categories of women, youths, and persons with disabilities—from which the ECZ will fill the proportional seats. This means that votes cast for losing candidates in constituencies are no longer "wasted"; they still influence the overall balance of Parliament, ensuring a legislature that more closely reflects the nationwide vote. This system aims to correct distortions from population growth and winner-takes-all outcomes, guaranteeing inclusivity while retaining constituency representation. Zambians will effectively "vote once, but their vote will count twice," choosing a local representative and shaping the national balance of power.

As President Hichilema assents to this reshaped Bill, the law now in force expands representation, constitutionalizes inclusion, operationalizes delimitation, preserves electoral choice, and retains voter sovereignty. While political debate and potential legal challenges will continue, the factual provisions of Bill 7 as passed are now clear. The nation moves forward with a new constitutional framework, prompting ongoing discussion across all sectors of society.

Loading...
Loading...

You may also like...