AIPAC Warns Bill 46 Threatens Democracy

Civil society group says proposed law could erode parliamentary immunity and weaken separation of powers

By Francis Maingaila ♥️

Lusaka, Zambia24, (April 25, 2026) — The Acton Institute for Policy Analysis Centre (AIPAC) has strongly opposed Bill 46 currently before Parliament, warning that its enactment in its present form would pose serious risks to Zambia’s democratic framework, parliamentary immunity, and the principle of separation of powers.

AIPAC Executive Director Solomon Ngoma said the proposed legislation could make Zambia the first country to abolish parliamentary immunity, exposing Members of Parliament (MPs) to possible loss of their seats and imprisonment for alleged misconduct within the House.

Ngoma said parliamentary immunity remains a cornerstone of democratic governance, allowing lawmakers to debate freely, challenge policy, and hold the Executive to account without fear of retaliation.

“Abolishing this protection would undermine the independence of the National Assembly and weaken the foundation of parliamentary democracy,” he said.

He added that Zambia, as a founding member of the Commonwealth Parliamentary Association, is expected to uphold democratic principles anchored in the separation of powers.

AIPAC further argued that existing laws and parliamentary procedures are sufficient to address misconduct by MPs, warning that introducing legislation to strip lawmakers of immunity is unnecessary and could set a dangerous precedent.

The organisation cautioned that the passage of Bill 46 risks reversing democratic gains and could mirror past governance challenges during the United National Independence Party (UNIP) era, which it said was characterised by weakened institutional checks and balances.

Ngoma also urged the Executive, through the Attorney General, to refrain from any actions that may be perceived as interference in parliamentary affairs.

“Parliament must be allowed to operate independently, free from executive influence, in order to preserve the separation of powers, which is the backbone of any functioning democracy,” he said.

The organisation has since called on lawmakers from both the ruling party and the opposition to reject Bill 46 in its current form, urging them to safeguard democratic traditions and constitutional principles.

AIPAC also stressed that MPs who cross the floor of the House should be guided by constitutional provisions, describing the Constitution as the supreme law that must be respected at all times.