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Zambian Political Storm: Constitutional Bill Outcry Leads to High-Stakes Contempt Charges and Presidential Intervention

Published 22 hours ago4 minute read
Pelumi Ilesanmi
Pelumi Ilesanmi
Zambian Political Storm: Constitutional Bill Outcry Leads to High-Stakes Contempt Charges and Presidential Intervention

Amidst growing public apprehension regarding renewed efforts in the National Assembly to deliberate on Constitutional Amendment Bill No.7, Zambian President Hakainde Hichilema has taken decisive action. State House announced the President's appointment of a Technical Committee, specifically tasked with conducting extensive consultations and meticulously drafting amendments to the Constitution of the Republic of Zambia. This move, as confirmed by State House Chief Communications Specialist Clayson Hamasaka, was made under the President’s constitutional powers outlined in Article 92(1), 92(2)(d), and 92(2)(j).

The newly established Committee will be led by the esteemed retired Supreme Court Judge Christopher Sichimwa Mushabati as its Chairperson, with Dr. Landilani Banda serving as Vice Chairperson and Spokesperson. The committee's composition reflects a broad spectrum of Zambian society, including Dr. Felicity Kalunga, Eva Jhala, Douglas Tambulukani, Dr. Vanny Munyumbwe, Dr. Bishop David Masupa, Isabel Mutembo, Grace Sinkamba, Isaac Mwanza, Guess Nyirenda, Ngande Mwanajiti, Rabbson Chongo, Ruth Kangwa, Waliuya Wamundila, Chief Chamuka, Chief Nyampande, Doreen Kabwe, Gregory Chifire, Father Cletus Mwiila, Bishop Paul Mususu, Rev. Ackson Banda, Apostle Charles Ndandula, Mufti Sanaullah, and Kamlesh Shah. Hamasaka underscored that these appointments were a direct result of comprehensive engagement and dialogue with civil society organizations, traditional leaders, religious leaders, and a wide array of stakeholders, ensuring a representative body of eminent Zambians from diverse professional, social, religious, and community backgrounds.

To bolster the Committee's intricate work, a dedicated team of Legal and Drafting Experts has been appointed. This team comprises Ministry of Justice Permanent Secretary Mwenya Bwalya, Doris Katebe Mwiinga and Hope Chanda from the Zambia Law Development Commission, alongside Chola Mwewa and Bubbala Chibbonta, the Chief Parliamentary Counsel at the Ministry of Justice. Furthermore, President Hichilema has directed Smart Zambia and the Zambia Information and Communications Technology Authority (ZICTA) to provide robust, seamless digital platforms and essential ICT support, facilitating the Committee's operations and outreach.

The Technical Committee is expected to swiftly develop a comprehensive programme of work and embark on extensive nationwide consultations, with further details to be unveiled. President Hichilema has issued a fervent call to all citizens, civil society organisations, political parties, traditional leaders, and various stakeholders, urging their active participation in this critical process. He reiterated through Hamasaka that "Only a truly people-driven process can yield a Constitution that strengthens national unity, enhances inclusivity, and responds faithfully to the aspirations of all Zambians," emphasizing the importance of broad public engagement for a legitimate and enduring constitutional framework.

However, the path to constitutional reform is not without its legal challenges. Simultaneously, former Lumezi Member of Parliament Munir Zulu, currently incarcerated, and Lusaka lawyer Celestine Mukandila have petitioned the Constitutional Court. They seek to cite Speaker of the National Assembly Nelly Mutti and Minister of Justice Princess Kasune for contempt of court. The petitioners assert that these senior government officials proceeded with the contentious Constitution Amendment Bill No. 7 of 2025, despite a definitive Constitutional Court ruling that had previously declared the process illegitimate in its then-current form.

In his supporting affidavit, Mukandila elaborated that the Constitutional Court's judgment on June 27, 2025, unequivocally mandated that any constitutional amendment process must be "people-driven" and meticulously guided by an independent body of experts. The Court had explicitly ordered that Bill 7 should not progress in its existing iteration. Mukandila argued that, "Instead of complying with the Court’s judgment, the alleged contemnors merely postponed the Bill to a later date, showing a blatant disregard for the authority of this Honourable Court." He further contended that the actions of Speaker Mutti and Minister Kasune, given their prominent governmental positions, severely undermine public confidence in the judiciary. The affidavit highlighted that both officials had acknowledged the Court’s ruling, yet persisted in advancing the constitutional amendment process, which Mukandila deemed "contemptuous at best" and deserving of thorough judicial scrutiny. Consequently, Mukandila is seeking the Court's leave to initiate formal contempt and committal proceedings, underscoring the perceived disrespect for the judiciary's authority.

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