Zambia's Democracy on the Brink? Controversial Bill 7 Enacted Amidst Political Disarray

Published 17 hours ago5 minute read
Pelumi Ilesanmi
Pelumi Ilesanmi
Zambia's Democracy on the Brink? Controversial Bill 7 Enacted Amidst Political Disarray

The week saw significant political developments in Zambia, alongside other news, such as the Chipolopolo technical bench appointing Fashion Sakala as the new captain ahead of the Africa Cup of Nations (AFCON).

However, the most prominent story revolved around the Constitution of Zambia (Amendment) Bill No. 7, which was dramatically passed by the National Assembly on Monday, December 15. The Bill secured its Second Reading with 131 votes and was confirmed at Third Reading with 135 votes, successfully clearing the two-thirds constitutional threshold. This outcome revealed a deeper political story, as more than 20 Patriotic Front (PF) Members of Parliament, along with independents, broke party ranks to vote with the ruling UPND, fracturing the opposition's public stance against the Bill.

The immediate political aftershocks were sharp. Constitutional lawyer John Sangwa critically described the proceedings as “abnormal,” cautioning that Zambia’s constitutional order had been “gravely wounded.” PF presidential aspirant Makebi Zulu rejected the legitimacy of the process, pledging to reverse the amendments if elected in 2026, arguing that the government had converted a people’s charter into an executive project.

Despite this opposition, President Hakainde Hichilema formally assented to Bill 7 on Thursday, December 18, at the Mulungushi International Conference Centre, officially enacting it into law. Addressing a diverse audience, President Hichilema declared the debate closed, asserting that the reforms were for the benefit of current and future generations. He urged the nation to move forward and concentrate on critical issues such as job creation, electricity supply, and economic growth.

As the legislative battle concluded, the political focus shifted to the opposition. Given Lubinda, acting president of one PF faction, swiftly announced the expulsion of all PF MPs who voted for Bill 7, decrying their actions as “a stab in the back” and asserting the decision was “final” and “irreversible.” This declaration further escalated the internal party crisis.

In response, Government Chief Spokesperson Cornelius Mweetwa intervened on Friday, dismissing the expulsions as “startling and hair-raising” and “an affront to the law.” Citing constitutional provisions and the Parliamentary Privileges and Immunities Act, Mweetwa argued that MPs cannot be punished by their party leaders for votes cast in Parliament. He explicitly stated that the expulsion letters were “just paper” and declared, “There shall be no by-elections,” affirming that the affected MPs remained “in situ.” Mweetwa accused PF leaders of engaging in “political cosmetics” to mask their internal defeat.

Further deepening the PF's fracture, Robert Chabinga, the legally recognised PF president and Leader of the Opposition in Parliament, publicly rejected Lubinda’s authority, stating, “no one can fire my MPs.” He accused Lubinda of impersonation and signaled legal action. Several of the affected MPs echoed this position, denying Lubinda's constitutional or legal mandate over them.

By Saturday morning, the PF base was openly split, with some supporters accusing the government of hijacking the party through Chabinga, while others blamed internal leadership failures. Copperbelt PF chair Stardy Mwale resigned, citing unconstitutional decision-making. The broader political landscape now reflects a consolidated constitutional victory for the governing party and stark internal fault lines within the opposition’s largest party, with competing leaders issuing parallel commands and unresolved questions about strategy and credibility.

The newly enacted Bill 7 introduces significant changes, notably the expansion of the National Assembly and the implementation of a mixed-member proportional representation (MMPR) system, marking a departure from the purely constituency-based model. Public reception to these changes has been varied. While sections of civil society, women’s movements, youth organizations, and disability rights advocates have welcomed the constitutional recognition of historically marginalized groups, concerns have been raised about the increased centrality of political parties in mediating representation.

Under the amended framework, political parties assume a heightened constitutional role, particularly in allocating proportional representation seats and replacing MPs without by-elections, functions previously more directly tied to voter participation. This shift places substantial responsibility on political parties themselves, especially given Zambia’s strained internal party democracy, centralized structures, and frequent prioritization of factional loyalty over national interest. The potential for party dominance over popular will is a serious concern that cannot be overlooked.

Another significant aspect is the unfinished work of implementation, specifically concerning the operationalization of the proportional representation system. The Constitution establishes MMPR, but the detailed mechanics, including the governing electoral law, mathematical formulas, and seat allocation methods (quota-based, divisor-based, or hybrid), remain unspecified. This technical uncertainty directly impacts electoral legitimacy and necessitates close attention from Parliament, the Electoral Commission, civil society, and citizens.

While the amendments undeniably grant constitutional recognition to women, youths, and persons with disabilities, the language “not more than” in defining reserved seats suggests an incremental rather than transformative reform. These provisions, while an important starting point, weaken the certainty of outcomes by making representation contingent on political will rather than constitutionally entrenched minimums.

In light of these developments, the Democratic Progressive Party (DPP) Party Spokesperson Wilson Banda emphasized that the conclusion of the legislative process signifies a moment for collective national ownership. He stressed that an enacted law becomes the shared responsibility of all citizens, urging engagement with the law in good faith, focusing on unity, cooperation, and national development. Banda also highlighted the importance of constitutionalism, the rule of law, and respect for democratic institutions.

Ultimately, Bill 7, now law, should be understood as a transition point rather than a conclusion. The Constitution has opened new democratic pathways but has also shifted considerable power to political parties and secondary legislation. The strengthening of Zambia’s constitutional democracy, or conversely, the deepening of public disillusionment, will depend not solely on the text of the law, but on the conduct, restraint, and vigilance of political actors and citizens alike. Sustained observation, critique, and constructive engagement are crucial as the real effects of constitutional reform unfold in law, institutions, and society, moving the defense of popular sovereignty from the page to practice.

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