By Jane Chanda
Law Association of Zambia (LAZ) President Lungisani Zulu has disclosed that someone remarked that the government’s proposed constitutional reforms are essentially “Bill 10 Promax” – a rehashed version with even more dangerous provisions.
And LAZ has expressed strong opposition against the government’s proposed constitutional amendments, warning that the changes could undermine the country’s democracy.
Speaking at the end of a question and answer session at a media briefing at the LAZ house in Lusaka today, Zulu remarked that he was reminded when he was making consultations with someone, who issued remarks that what the government had proposed in the amendments was actually Bill 10 Promax.
“So I was made to understand that it is a presentation of the same thing but with even more dangerous provisions. So I think as a country we must be asking ourselves, do we need a Bill 10 Promax now so close to the elections? Perhaps not,” he said
Zulu said the country could not afford to have a Parliament that was accountable to the President rather than the people.
“And there is a quote that someone sent to me and it was by the President as he was in opposition that ‘in as much as there are one or two progressive provisions in the current amendment process, maybe we might hold to his comment that it is dangerous for the country to support the process because it will be like drinking poison merely because there are traces of sugar in it’,” said Zulu.
Zulu said the proposal to increase nominated members of parliament through an Act of Parliament was retrogressive and dangerous, as it had the potential to water down the accountability and legislative function of the National Assembly.
Addressing the issue of delimitation of constituencies as advanced by the government, Zulu said the exercise required a wide consultative process to avoid potential political conflicts in terms of drawing boundaries to perpetuate political gain.
He also said the proposed timeline in the road map was not sufficient to achieve the required consultative process.
“Rushing delimitation ahead of elections is not wise,” Zulu said
“There is also no agreement as to the basis of the proposed delimitation exercise, will it be based on the 2019 review by the Electoral Commission or indeed a new one? Have political parties agreed the parameters of the proposed delimitation, and will they agree just before elections?” he asked.
Zulu noted that the proposed amendments were a re-introduction of Bill 10 of 2019, which was previously opposed by stakeholders and called on the government to reconsider its plans to amend the Constitution in a piecemeal manner.
Zulu also expressed concern about the proposed roadmap for the enactment of the Constitution of Zambia (Amendment) Bill 2025, saying it was not realistic and did not allow for sufficient consultation
Zulu said LAZ welcomed the proposal to revise the provisions relating to vacancies in the offices of the Attorney-General and Solicitor General, but noted that it should be considered as part of a holistic Constitutional reform process.
He also noted that the proposal to revise the definitions of “child” and “adult” in Article 266 of the Constitution had largely been addressed by the Children’s Code Act, No. 12 of 2022.
He also expressed concern about the proposal to re-introduce members of parliament in councils, saying this was the same proposal that was rejected in the infamous Bill 10.
Zulu called on the government to prioritise a holistic reform of the Constitution, including the expansion of the Bill of Rights to cater for economic and social rights.
He also noted that the proposal to provide for the hearing and determination of an election petition within a specified timeframe was welcome, but required careful consideration to avoid unintended consequences.
On the government’s proposal to revise provisions relating to the filing of fresh nominations on the resignation of a candidate in an election, Zulu said that the proposal required wider consultations and consensus with stakeholders, including political parties who sponsor the candidates. Zulu noted that this proposal is similar to what was contained in Clause 11 of Bill 10 of 2019, which ultimately failed to pass.
The government’s proposal seeks to amend Article 52(6) of the Constitution, which currently mandates the Electoral Commission of Zambia to cancel an election and require the filing of fresh nominations if a candidate resigns. The proposed amendment would allow remaining candidates to proceed with the election instead of requiring fresh nominations, thereby avoiding unnecessary costs to the government and preventing destabilization of the peace of the country.
Regarding the introduction of an electoral system that enhances representation of women, youth, and persons with disabilities in the National Assembly, Zulu said despite the proposal being progressive, there was already a constitutional provision such as Article 60 that can address this challenge.
Zulu said the government should fully implement these provisions and enact a political parties bill to compel parties to adopt more women, youth, and persons with disabilities as candidates in parliamentary elections.
Additionally, he said the government should take advantage of the provisions of Article 259 of the Constitution, which called upon appointing authorities to appoint women, youth and persons with disabilities into key public positions.
On the proposal to re-introduce members of parliament in councils, Zulu said that the proposal required wider consultations and consensus with stakeholders, including political parties. He noted that this proposal was similar to what was contained in Clause 52 of Bill 10 of 2019, which ultimately failed to pass. Zulu emphasized that this proposal can benefit from a holistic reform of the Constitution.
Regarding the proposal to provide for the hearing and determination of an election petition, Zulu the Constitution already provides that a parliamentary election petition and presidential election petition shall be heard within 90 days and 14 days of the filing of the petition, respectively.
On the proposal to do away with by-elections, Zulu said the matter required wide consultations with political parties, and that whatever the solution it would be essential to balance the rights of citizens to vote for the candidates of their choice and dispensing with by-elections
He described the proposal by the government to increase the number of nominated members of parliament through an act of Parliament as the most retrogressive.
“It will result in increasing, instead of reducing, the powers of the Presidency. The proposed article can be subject to abuse, with a potential to water down the accountability and legislative function of the legislature. It may result in creating a rubber-stamp National Assembly for the Executive’s arbitrary actions,” Zulu said. “The executive arm of the government will effectively do whatever it pleases, including passing whatever legal and constitutional amendments it may desire, to the detriment of democratic practices. Citizens will ultimately be the losers. One of the reasons behind nominated members of Parliament is to allow the Presidency to incorporate youths, women, and persons with disabilities or unique skills and experience into the National Assembly and Cabinet.”
He said maintaining the status quo of 8 nominated members of parliament was more reasonable, and that if the President wanted he should propose the appointment of ministers outside Parliament, rather than bloating the legislature
“It is unclear which stakeholders recommended relegating the number of nominated MPs to an Act of Parliament, considering that the issue has been extensively deliberated at previous Constitutional Review Commissions,” Zulu said.
LAZ further argued against keeping members of parliament in the house, saying the current provision in the Constitution was aimed at ensuring a level playing field to avoid MPs and ministers using public resources to campaign.
Another proposal seeks to remove the two-term limit for mayors, which LAZ noted was part of the failed Bill 10 of 2019.
The government has also proposed revising the qualifications for the Secretary to the Cabinet, reducing the required experience from 10 to 5 years. However, LAZ expressed skepticism about the proposal, arguing that it was difficult to appreciate the justification for reducing the experience requirement for such a critical role.
According to the roadmap, the Ministry of Justice will receive the Electoral Reform Technical Committee Report from the Electoral Commission of Zambia by April 22, 2025. The report will focus on constituency delimitation, by-elections, and the electoral system. The Ministry of Justice will then commence drafting the Constitution of Zambia (Amendment) Bill, 2025, from April 23 to May 20, 2025.
“While the road map is most welcome, it is not realistic for purposes of dealing with the much-needed wider consultations on some of the proposed amendments, such as delimitation and phasing out of by-elections,” Zulu said. “We also note that the road map was not delivered with the consensus of key stakeholders, but rather a unilateral decision of government.
“What is needed is a holistic reform of the Constitution, to include the expansion of the Bill of Rights to cater for economic and social rights. The Constitutional reform should be based on a broad-based stakeholder consensus, both on the reform process and the substance.”
