Constitution of Zambia (Amendment) Bill, 2025: Difference between revisions
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{{Infobox legislation | {{Infobox legislation | ||
| short_title = Constitution of Zambia (Amendment) Bill, 2025 | | short_title = Constitution of Zambia (Amendment) Bill, 2025 | ||
| legislature = National Assembly of Zambia | | legislature = National Assembly of Zambia | ||
| long_title = A Bill to amend the Constitution of Zambia; and to provide for matters connected with or incidental to the foregoing. | | long_title = A Bill to amend the Constitution of Zambia; and to provide for matters connected with or incidental to the foregoing. | ||
| bill_citation = Bill No. 7 of 2025 | | bill_citation = Bill No. 7 of 2025 | ||
| introduced_by = [[Ministry of Justice]] | | introduced_by = [[Ministry of Justice (Zambia)|Ministry of Justice]] | ||
| date_introduced = May 2025 | | date_introduced= May 2025 | ||
| status = | | date_passed = 15 December 2025 | ||
| passed_for = 135 | |||
| passed_against = 0 | |||
| passed_abstention = 0 | |||
| status = pending assent | |||
}} | }} | ||
'''Bill No. 7 of 2025''', officially titled the '''Constitution of Zambia (Amendment) Bill, 2025''', is a | '''Bill No. 7 of 2025''', officially titled the '''Constitution of Zambia (Amendment) Bill, 2025''', is a legislative proposal seeking to amend the [[Constitution of Zambia]]. Introduced in May 2025 by the [[Ministry of Justice (Zambia)|Ministry of Justice]] in the [[National Assembly of Zambia]], the bill addresses electoral reforms, the composition of the National Assembly, local government structure, and ministerial procedures. | ||
== Key Provisions == | == Key Provisions == | ||
=== | === Expansion of Parliamentary Seats === | ||
The | The Bill proposes an increase in constituency-based [[Members of Parliament]] from 156 to 211, reflecting recommendations from the [[Electoral Commission of Zambia]]’s latest delimitation report.<ref>{{cite web|title=Bill Summary: The Constitution of Zambia (Amendment) Bill No. 7 of 2025|url=https://zambialii.org/articles/2025-05-23/Maria/bill-summary-the-constitution-of-zambia-amendment-bill-no-7-of-2025|publisher=Zambia Legal Information Institute|access-date=4 June 2025}}</ref> | ||
=== Electoral System Reform === | === Electoral System Reform === | ||
Introduces a mixed-member system combining first-past-the-post with proportional representation, aimed at increasing representation for women, youth, and persons with disabilities.<ref name="zamlii" /> | |||
=== | === Candidate Nomination and By-Elections === | ||
Reforms procedures for nomination, disqualification, and resignation of candidates. Notably, it prohibits by-elections within 180 days of a general election.<ref name="zamlii" /> | |||
=== Local Government Adjustments === | === Local Government Adjustments === | ||
Removes the two-term limit for mayors and council chairpersons and aligns council terms with parliamentary five-year cycles.<ref name="zamlii" /> | |||
=== Ministerial | === Ministerial and Cabinet Changes === | ||
Mandates ministers and provincial ministers to vacate office 90 days before a general election and redefines qualifications for the Secretary to the Cabinet.<ref name="zamlii" /> | |||
== Public Response == | == Public and Political Response == | ||
=== Civil Society | === Civil Society Reactions === | ||
Several civil society organisations and legal experts | Several civil society organisations and legal experts criticised the bill for concentrating power and undermining democratic accountability. Lawyer [[Linda Kasonde]] described it as “frightening,” highlighting potential abuses under amendments to [[Article 52]].<ref>{{cite news|title=UPND’s Bill 7 more frightening than Bill 10 – Linda|url=https://diggers.news/local/2025/05/27/upnds-bill-7-more-frightening-than-bill-10-linda/|work=News Diggers|date=27 May 2025|access-date=4 June 2025}}</ref> | ||
=== Transparency International Zambia === | === Transparency International Zambia === | ||
Maurice Nyambe, Executive Director | Maurice Nyambe, Executive Director, warned that the proportional representation mechanism could favour the ruling party and called for wider public consultation.<ref>{{cite news|title=Stop Bill 7, CSOs, lawyers demand: ‘If it passes, your vote won’t matter in 2026’|url=https://diggers.news/local/2025/05/31/stop-bill-7-csos-lawyers-demand-if-it-passes-your-vote-wont-matter-in-2026/|work=News Diggers|date=31 May 2025|access-date=4 June 2025}}</ref> | ||
=== | === Political Analysis === | ||
Experts suggest that the proportional representation element may enable the ruling party to secure a two-thirds majority, potentially influencing future constitutional amendments. | |||
== Legislative Process == | |||
=== Constitutional Court Review === | |||
On 27 June 2025, the [[Constitutional Court of Zambia]] declared the bill unconstitutional, citing failure to comply with ''Article 79'' which mandates wide public consultation.<ref>{{cite web|title=Constitutional Court declares Bill 7 unconstitutional|url=https://zambianobserver.com/constitutional-court-declares-bill-7-unconstitutional-lusaka/|website=Zambian Observer|date=July 2025|access-date=4 July 2025}}</ref> | |||
=== Technical Committee on Constitutional Amendments (TCCA) === | |||
Following the ruling, President [[Hakainde Hichilema]] appointed a 25-member Technical Committee on Constitutional Amendments (TCCA) on 2 October 2025 to lead nationwide consultations and propose revisions.<ref>{{cite web|last=Mofya|first=Mwenya|title=Govt outlines terms of reference for Technical Committee on constitution amendments|url=https://diggers.news/local/2025/10/21/govt-outlines-terms-of-reference-for-technical-committee-on-constitution-amendments/|website=News Diggers|date=21 October 2025|access-date=15 December 2025}}</ref> | |||
=== Adoption === | |||
After incorporating TCCA recommendations, the bill was presented to Parliament on 14 December 2025 by [[Mulambo Haimbe|Hon. Mulambo Haimbe]]. On 15 December 2025, it was adopted by a two-thirds majority (135 votes in favour, none against), and submitted to the President for assent.<ref>{{cite web|title=Zambia: Bill 7 heads to Parliament amid claims of threats and predictions of landslide support|url=https://www.lusakatimes.com/2025/12/15/bill-7-heads-to-parliament-amid-claims-of-threats-and-predictions-of-landslide-support/|website=Lusaka Times|date=15 December 2025|access-date=15 December 2025}}</ref> | |||
== Current Status == | == Current Status == | ||
The bill awaits Presidential assent. Debate continues across civil society and political circles regarding its implications for governance, representation, and democratic practice in Zambia. | |||
== External Links == | == External Links == | ||
* [https://zambialii.org/articles/2025-05-23/Maria/bill-summary-the-constitution-of-zambia-amendment-bill-no-7-of-2025 ZambiaLII Bill Summary] | * [https://zambialii.org/articles/2025-05-23/Maria/bill-summary-the-constitution-of-zambia-amendment-bill-no-7-of-2025 ZambiaLII Bill Summary] | ||
* [https://www.youtube.com/watch?v=nFcvdb5DAX8 BILL 7 Debate | * [https://www.youtube.com/watch?v=nFcvdb5DAX8 BILL 7 Parliamentary Debate] | ||
== See Also == | == See Also == | ||
Revision as of 18:55, 15 December 2025
| Constitution of Zambia (Amendment) Bill, 2025 | |
|---|---|
| |
| Passed | 15 December 2025 |
| Bill citation | Bill No. 7 of 2025 |
| Introduced by | Ministry of Justice |
| Status: Unknown | |
Bill No. 7 of 2025, officially titled the Constitution of Zambia (Amendment) Bill, 2025, is a legislative proposal seeking to amend the Constitution of Zambia. Introduced in May 2025 by the Ministry of Justice in the National Assembly of Zambia, the bill addresses electoral reforms, the composition of the National Assembly, local government structure, and ministerial procedures.
Key Provisions
Expansion of Parliamentary Seats
The Bill proposes an increase in constituency-based Members of Parliament from 156 to 211, reflecting recommendations from the Electoral Commission of Zambia’s latest delimitation report.[1]
Electoral System Reform
Introduces a mixed-member system combining first-past-the-post with proportional representation, aimed at increasing representation for women, youth, and persons with disabilities.[2]
Candidate Nomination and By-Elections
Reforms procedures for nomination, disqualification, and resignation of candidates. Notably, it prohibits by-elections within 180 days of a general election.[2]
Local Government Adjustments
Removes the two-term limit for mayors and council chairpersons and aligns council terms with parliamentary five-year cycles.[2]
Ministerial and Cabinet Changes
Mandates ministers and provincial ministers to vacate office 90 days before a general election and redefines qualifications for the Secretary to the Cabinet.[2]
Public and Political Response
Civil Society Reactions
Several civil society organisations and legal experts criticised the bill for concentrating power and undermining democratic accountability. Lawyer Linda Kasonde described it as “frightening,” highlighting potential abuses under amendments to Article 52.[3]
Transparency International Zambia
Maurice Nyambe, Executive Director, warned that the proportional representation mechanism could favour the ruling party and called for wider public consultation.[4]
Political Analysis
Experts suggest that the proportional representation element may enable the ruling party to secure a two-thirds majority, potentially influencing future constitutional amendments.
Legislative Process
Constitutional Court Review
On 27 June 2025, the Constitutional Court of Zambia declared the bill unconstitutional, citing failure to comply with Article 79 which mandates wide public consultation.[5]
Technical Committee on Constitutional Amendments (TCCA)
Following the ruling, President Hakainde Hichilema appointed a 25-member Technical Committee on Constitutional Amendments (TCCA) on 2 October 2025 to lead nationwide consultations and propose revisions.[6]
Adoption
After incorporating TCCA recommendations, the bill was presented to Parliament on 14 December 2025 by Hon. Mulambo Haimbe. On 15 December 2025, it was adopted by a two-thirds majority (135 votes in favour, none against), and submitted to the President for assent.[7]
Current Status
The bill awaits Presidential assent. Debate continues across civil society and political circles regarding its implications for governance, representation, and democratic practice in Zambia.
External Links
See Also
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- ↑ News Diggers. 31 May 2025. URL. Accessed 4 June 2025.
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