Too Fast, Too Furious
By Francis Maingaila
LUSAKA – A coalition of Civil Society Organizations (CSOs) has strongly opposed the proposed amendments to the Constitution of Zambia, describing them as rushed and lacking public consultation.
The CSOs are calling on the government to halt the process and instead commit to an inclusive, transparent constitutional review after the 2026 general elections, raising concerns over the government’s approach to constitutional reforms and questioning the urgency and transparency of the process.
Speaking at a recent forum, representatives from various organizations emphasized the need for a comprehensive review that prioritizes national interest over political expediency.
Speaking at a press briefing in Lusaka, Zambia Council for Social Development (ZCSD) Executive Director Leah Mitaba, on behalf of the CSO coalition, expressed deep concern over the government’s approach to constitutional amendments, which President Hakainde Hichilema announced on March 8, 2025, during International Women’s Day celebrations in Kasama.
“We recognize the need to amend the Constitution to strengthen democracy, good governance, and accountability,” Mitaba stated.
“However, we firmly believe that any meaningful constitutional reform must be guided by national consensus and should not be rushed for political expediency.”
The CSOs argued that the government has not engaged in genuine consultations with the public, particularly at the grassroots level. They criticized the absence of a clear roadmap outlining the scope of amendments and timelines for consultations.
“The lack of a structured and transparent process raises concerns about whether the amendments will truly reflect the will of the people,” Mitaba added.
“A constitutional reform of this magnitude requires detailed planning and nationwide engagement.”
The coalition also questioned the government’s commitment to ensuring genuine representation of women, youth, and marginalized groups in the constitutional review process.
They argued that increasing the number of constituencies alone would not automatically empower underrepresented groups.
“Empowering women and marginalized communities in governance requires more than just adding parliamentary seats,” Mitaba said.
“We recommend the introduction of a quota system across all political parties to ensure the fair adoption of women and marginalized candidates.”
The CSOs highlighted Zambia’s fragile fiscal position, warning that the government’s decision to embark on a constitutional amendment process could place further strain on an already stretched national budget.
“Zambia is facing significant economic hardships, with rising inflation and a high cost of living,” Mitaba stated.
“The government should prioritize addressing economic challenges rather than allocating scarce resources to a rushed constitutional review.”
According to the organizations, the budget for 2025 and beyond may not accommodate the financial demands of constitutional reforms, especially with Zambia grappling with debt servicing and a bloated public wage bill consuming over 50% of government expenditure.
The CSOs accused the government of using the constitutional amendment process for political motives, comparing it to the controversial Bill 10 under the previous Patriotic Front administration, which was widely rejected by the public.
“We reject any attempts to use constitutional reforms as a political tool ahead of the 2026 elections,” Mitaba said.
“If the government is sincere, it should postpone the process and commit to an inclusive and well-resourced review after the elections.”
In their joint statement, the CSOs demanded that the government immediately halt the rushed constitutional review process, commit to a post-2026 review with broad-based consultations, ensure adequate financial resources are allocated for an inclusive reform process, and adopt a transparent roadmap that includes provisions for a national referendum on the Bill of Rights.
They called on Zambians, traditional leaders, faith-based organizations, women, and youth groups to demand a fair and accountable constitutional reform process that prioritizes the people’s interests over political agendas.
Chapter One Foundation Executive Director Josiah Kalala criticized the government for changing its stance on constitutional reform without explanation.
"Last year, the Minister of Information stated there were no plans to amend the Constitution. Now, the government is pushing for reforms without a clear roadmap. We need dialogue on the scope, process, and timeline," Kalala said.
He also noted that the Constitution already includes provisions for gender equity and representation but that these are often ignored by political parties.
Kalala underscored the need for clarity and consensus in the constitutional review process. He noted that while there is broad agreement on the need for reforms, critical aspects such as the objectives, scope, and principles of the process remain undefined.
"We need consensus on the process going forward. Are we conducting comprehensive reforms or partial amendments? There has been no consensus on that," Kalala stated.
Lea Mitaba from the Zambia Council for Social Development (ZCSD) reaffirmed civil society’s long-standing position, advocating for a full constitutional review rather than piecemeal amendments.
She also emphasized the importance of including the Bill of Rights in the process, an issue that was left unresolved during the 2016 amendments.
"What we are hearing now seems to focus on delimitation. Whose interests will that serve? Is it the people, and if so, is this the priority at the moment?" Mitaba questioned.
Maurice Nyambe, Executive Director of Transparency International Zambia (TIZ), warned that the process appears rushed and politically motivated.
"The government is citing the flawed 2016 amendments as justification. This is unacceptable. The current administration promised to do things differently, yet they are following the same problematic path," Nyambe said.
Gideon Musonda of the Advocates for Democratic Governance Foundation (ADEG) warned that the current political climate threatens democratic freedoms.
Gideon Musonda of the Alliance for Democracy and Good Governance (ADEG) advised the government to postpone the reforms until after the 2026 elections to allow for a more conducive political environment.
"The process of constitutional reform is as important as the content. The 2016 referendum failed due to poor timing and political polarization. We risk making the same mistakes if we proceed now," Musonda warned.
He cited restrictive laws such as the Public Order Act and the Cyber Security and Cyber Crimes Act, which he argued have been used to suppress dissent.
"In a democracy, we expect freedom of expression, assembly, and association. However, we have seen violations of these freedoms, with laws being used to shrink civic space rather than protect democratic engagement," Musonda said.
He called on the government to prioritize legislative reforms that protect civil liberties, including replacing the Public Order Act and reviewing the Cyber Security and Cyber Crimes Act. He also referenced a recent UN report highlighting concerns about Zambia’s democratic trajectory.
Muzi Kamanga of the Women in Law Development Foundation emphasized that the Zambia Law Development Commission, a statutory body responsible for legislative development, had not initiated any constitutional amendment process.
He noted that while the Commission held a seminar in 2023 to discuss constitutional matters, it was meant to stimulate debate, not launch formal reforms.
"It is crucial to clarify that this seminar was not the beginning of a constitution-making process. It was a discussion forum. The media should engage the Zambia Law Development Commission for accurate guidance," Kamanga stated.
He further questioned President Hakainde Hichilema’s claim that civil society had agreed to amendments, stressing that the 14 organizations present at the briefing did not represent all civil society actors.
"Civil society is diverse. The President must specify which groups he consulted and what agreements were reached," he said.
Kamanga, a representative from Women in Law and Development (WILDAF), clarified that a recent seminar held by the Zambia Law Development Commission (ZLDC) was not the start of a formal constitutional review process but rather an academic and policy discussion.
"That seminar should not be mistaken for a constitutional review process. It was a platform to generate debate on constitution-making, not a launch of amendments," she explained.
He further challenged claims that civil society had agreed with the government on the proposed reforms, urging journalists to seek clarity from the President’s Office on which organizations had been consulted.
Civil society leaders also questioned the timing of the proposed reforms. Kamanga pointed out that President Hakainde Hichilema did not mention constitutional changes in his inaugural speech or his first parliamentary address, raising questions about what had changed to warrant the urgency.
"Between 2021 and 2024, what has changed so significantly to justify a rushed constitutional review? With barely a year before Parliament is dissolved, this sudden appetite for change is concerning," she said, suggesting that political motives could be driving the process.
The organizations vowed to resist any attempts to manipulate the constitution for partisan gains, drawing parallels to past efforts under previous administrations.
"The constitution belongs to the people, not political leaders. As civil society, we have a duty to defend it against any attempts to undermine its integrity," Kamanga added.
The coalition of 14 civil society organizations reiterated their demand for an inclusive and transparent process. They urged the government to engage all stakeholders meaningfully, ensure adequate public participation, and avoid politically motivated amendments.
As debate over constitutional reforms continues, civil society’s stance signals a potential showdown with the government, with calls for public vigilance and active participation in shaping Zambia’s democratic future.
Laura Miti of the Alliance for Community Action reinforced the need for a transparent and inclusive process, urging the government to demonstrate its commitment to gender equity before amending the Constitution.
"A President committed to gender parity would reflect this in cabinet appointments. We need a constitutional process that is owned by the people, not dictated by political interests," Miti said.
The civil society groups vowed to engage Members of Parliament, religious leaders, and the public to ensure that any constitutional amendments reflect the aspirations of Zambians.
They cautioned against a repeat of past rushed processes and called for meaningful dialogue before any changes are made.
With Parliament set to dissolve by early 2026 ahead of elections, civil society organizations argue that time constraints and political dynamics make this an inopportune moment for constitutional amendments.
The statement was signed by 14 organizations, including Transparency International Zambia, ActionAid Zambia, the Zambia Council for Social Development, and the Zambia Alliance of Women.
Civil society organizations in Zambia are calling for a delay in the ongoing constitution-making process, urging the government to adopt a more transparent, inclusive, and democratic approach.
Isabel Mukelebai, the Executive Director of the Civil Society for Poverty Reduction (CSPR), emphasized the importance of a process that genuinely reflects the will of the people and upholds democratic values.
Mukelebai, speaking at a press briefing, criticized the government's handling of the constitution-making process, accusing it of being manipulated to create the illusion that increasing the number of constituencies would automatically lead to better representation for women and youth.
She described the current approach as “window-dressing,” arguing that the increase in constituencies is being presented as a solution to improve representation, but lacks substantial backing.
“We believe this process is being manipulated to create a false narrative,” Mukelebai said.
“The increase in constituencies is being presented as a solution to better represent women and youth, but this is a flawed perspective. We have provided clear justifications for our position, and we urge the government to reflect on the submissions we’ve made.”
At the heart of the concern is the need for transparency and inclusivity. Civil society leaders argue that the constitution-making process should be guided by a clear roadmap and genuine consultations with citizens.
Mukelebai called for consultations at both provincial and district levels to ensure that all Zambians have a voice in shaping the country’s future.
“The constitution-making process is an important national undertaking that should not be rushed or manipulated for political gain,” she explained.
“We call for a postponement of the process until September 2026. This delay would allow time for broader consultations and the development of a comprehensive, well-thought-out plan that reflects the interests of all Zambians.”
Mukelebai also criticized the involvement of political party officials in making public pronouncements about the process, warning that such actions undermine the integrity of the constitution-making process.
“It is the government’s responsibility, not political parties, to ensure that a constitution is delivered in a manner that reflects democratic principles,” she stated.
“The process should not be justified based on political expediency.”
Furthermore, Mukelebai referenced past constitution-making efforts that failed to deliver meaningful results.
She urged the current government to learn from those failures and ensure that the process is not marred by the same mistakes. Civil society remains steadfast in its opposition to any process that is manipulative or undermines democracy.
“We cannot afford to repeat the mistakes of the past. Previous attempts at constitution-making failed, and we must learn from those failures,” Mukelebai said.
“Civil society will not support any process that lacks transparency and the democratic framework required for such an important national undertaking.”
As Zambia faces critical political challenges, the call for a transparent and inclusive constitution-making process is gaining momentum.
Civil society organizations, under the leadership of Mukelebai, are demanding that President Hakainde Hichilema and his government reconsider their current approach, engage in broader consultations, and ensure that the process reflects the aspirations of all Zambians.
The outcome of this ongoing debate will have a lasting impact on Zambia’s political future, and civil society is committed to ensuring that the voices of ordinary Zambians are heard throughout the process.
This version is reordered for clarity and emphasis, starting with the call for delay and transparency, followed by the details of the criticism, and concluding with the broader implications for Zambia’s future.
The government has yet to respond to the concerns raised by the CSOs.
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