Constitutional Amendment Uncertainty Sparks Controversy

... As Citizens and interest groups.clash.with  political leaders over proposed reforms for wants of consultations

By Francis Maingaila

Lusaka, Zambia24 - (21-03-2025) - The ongoing uncertainty surrounding Zambia's constitutional amendment process has sparked a heated debate, with key stakeholders expressing concerns over conflicting government statements regarding the existence of a draft constitution.

Earlier, Minister of Foreign Affairs and International Cooperation, Mulambo Haimbe, indicated that a draft constitution existed, only to be contradicted by Minister of Justice, Princess Kasune, who asserted that no such document had been finalized.

According to Josia Kalala, Executive Director of the Chapter One Foundation, this back-and-forth has left many questioning the transparency and legitimacy of the constitutional reform process.

Kalala also suggested that the timing of the proposed constitutional amendments has raised alarms, warning that aligning the reforms with the 2026 general elections could politicize the process.

He recalled the failed 2016 referendum, where the proposed reforms were widely criticized for being politically motivated and not sufficiently inclusive.

Speaking at a Chapter One Foundation co-sponsored public forum with partners, Kalala emphasized the need for a more inclusive and transparent process.

He called for the active involvement of all citizens, particularly marginalized groups such as youths, women, and persons with disabilities.

Kalala stressed that secrecy around receiving public submissions could jeopardize trust in the process and fairness.

Kalala also suggested that Zambia could benefit from adopting a framework similar to Kenya’s constitutional reform process, where an independent committee of experts oversaw the review.

He argued that such a system would ensure that the process is free from political interference and that the reforms are comprehensive, holistic, and representative of the needs of all citizens.

He urged the government to provide clarity on the status of the constitutional amendments.

"There is a broad consensus that the reform process must be clear, inclusive, and people-driven, ensuring that the changes reflect the true aspirations of Zambians," he explained.

Rizicky Fatacky, leader of the youth movement Fix It, emphasized the need for young people to be actively involved from the beginning of the drafting process.

She warned that proceeding without broad consultations would undermine the legitimacy of the constitution.

Fatacky also expressed concern about the timing of the amendment process, cautioning that with elections less than two years away, the risk of political interference was high.

She argued that the constitutional review process should be driven by the people, not by political interests.

The Fix It movement criticized the centralized nature of the consultations, which have largely been confined to Lusaka, effectively sidelining voices from other parts of the country.

“Lusaka is not Zambia. The country is vast, and most of its population is youthful,” Fatacky said.

She added, “If government documents can reach every part of the country, why should constitutional discussions remain limited to a select few?"

"We must ensure that young people from all areas, including rural communities, have a say in shaping the nation’s future,” she stated.

The Fix It Movement vowed to take the discussions beyond Lusaka, advocating for grassroots engagement in underserved areas and other rural communities to ensure broader participation.

Fatacky further called for a clear roadmap and greater transparency, urging that the constitutional review process be genuinely people-driven and free from political manipulation.

She highlighted the need for a more inclusive approach to constitutional reforms, particularly in terms of representation for marginalized groups such as youth and people with disabilities.

Rodgers Musuma, from the Zambia Disability Watch, also stressed the need for persons with disabilities to be fully involved in constitutional discussions.

He noted that people with disabilities had historically been excluded from decision-making processes and questioned whether they were adequately represented in the current consultations.

“The constitution should not only be inclusive of persons with disabilities but of all citizens. However, we have not seen the draft bill. If it exists, it must ensure that persons with disabilities are actively engaged,” Musuma said.

“We need a constitution that provides equal opportunities and protection for people with disabilities, enabling them to take up leadership positions and participate in national development.”

Musuma emphasized that inclusion should go beyond mere presence at discussions, calling for a system that guarantees the voices of persons with disabilities are heard and their concerns fully addressed.

Musuma also stressed the need for civic education among persons with disabilities to enable them to contribute meaningfully.

“Being a person with a disability should not mean being excluded from shaping the future of our country,” he said.

Musuma called for a review process that prioritizes accessibility and equal participation. He pointed out that the current political system often overlooks the concerns of persons with disabilities.

“We need a process that ensures that these groups have a voice in the reforms and are not excluded from the decision-making process,” Musuma added.

Golden Nachibinga, acting Executive Director of the Zambia National Women’s Lobby, pointed to the longstanding struggle for women’s rights in Zambia’s constitutional framework.

He referenced international milestones such as the 1985 Beijing Conference on Women’s Rights and local legislative achievements like the Gender Equity and Equality Act (2015), but stressed that much work remained.

“Women have been calling for constitutional amendments to ensure their rights are realized. While some progress has been made, there is still a need to review policies and laws that either support or hinder women’s rights,” Nachibinga stated.

He also highlighted concerns over Zambia’s electoral system, arguing that the first-past-the-post system had historically disadvantaged women’s participation in leadership.

He called for the government to outline a clear roadmap and ensure that all voices—particularly those of youth, women, and persons with disabilities—are meaningfully included in shaping the country’s supreme law.

Nachibinga emphasized the need for women’s voices to be amplified in the constitutional review process.

He warned against proposals that could undermine democracy or further marginalize women.

“Some proposals may seem progressive on the surface but could actually be detrimental to democratic principles,” Nachibinga said. “

It is our duty to examine them carefully and ensure they promote inclusivity rather than exclusion.”

He urged participants to critically assess constitutional changes, advocating for policies that safeguard democracy and gender equality.

Nachibinga expressed concerns over the government’s proposal to appoint more women MPs.

While he acknowledged this as a positive step, he pointed out that even with the proposed appointments, women would still make up a small percentage of the total MPs.

He suggested that Zambia consider adopting a mixed electoral system to ensure more equitable gender representation in the National Assembly.

“The proposal to appoint more women is a start, but it doesn’t go far enough. We need to explore other options to ensure that women’s voices are truly represented,” he said.