There’s no constitutional crisis to warrant a high-octane reform process, says Muhabi

There’s no constitutional crisis to warrant a high-octane reform process, says Muhabi


By Fanny Kalonda(The MAST)


WE encourage the President of Zambia not to casually suggest that the Constitution can easily be ignored leading to no general elections taking place as prescribed, says The Zambia We Want.

Interim ZWW information and communication chairman Muhabi Lungu said President Hichilema’s statement is alarming and dangerous as it will fuel speculation on matters where there should be no room for uncertainty.

Lungu said the country does not have sufficient time remaining to thoroughly conclude a constitutional reform process before the 2026 general elections.

“There is no constitutional crisis to warrant a high-octane process of completion.

The Zambia We Want is concerned at utterances by the Republican President at the official opening of parliament on 13th September 2024 relating to general elections. He stated that there are lacunae in the Constitution that could lead to there being no general elections in the country for a period of eight to nine years. The President did not specify where such lacunae lie. This is alarming and dangerous as it will fuel speculation on matters where there should be no room for uncertainty,” he said. “No Zambian should be made to doubt that elections must take place every cycle of five years or sooner if parliament is dissolved under Article 81(4) of the Constitution. Further such statements strike at the franchise or the right to vote, which is an inalienable right as given to all eligible Zambian voters. No person, particularly the President of the republic, should be allowed to get away with ‘not so much as an insinuation,’ regarding depriving the inalienable right for citizens to a regular and time bound voting schedule.”

Lungu noted that the term of office for a president is fixed to five years only, which period runs concurrently with the term of parliament

“The Zambia We Want strongly believes in the rule of law and the concept of constitutionalism. We accept that the Constitution, as amended in 2016, is not a perfect document. We know that it has some shortcomings which through a genuine people driven constitutional reform process can be addressed and lead to a refinement of the Constitution. However, these shortcomings are not of the nature that can support a notion that general elections can simply not be held when they are intended to be held. Our reading of the Constitution of Zambia reveals that it firmly and clearly fixes the time that general elections should be held. Article 56 provides that ‘a general election shall be held every five years after the last general election on the second Thursday of August’.

The term of parliament is limited to five years after which there must be general elections. Further, the term of office for a president is fixed to five years only, which period runs concurrently with the term of parliament. According to the Constitution, the President can do no more than two such five-year terms,” said Lungu. “Since the tenure of parliament and the President is limited to five years the Constitution demands that general elections must always take place in line with Article 56 mentioned above.

As far as the Zambia We Want is concerned not to hold general elections as prescribed by the Constitution of Zambia would be an unforgivable violation of our Constitution. We encourage the President of Zambia not to casually suggest that the Constitution can easily be ignored leading to no general elections taking place as prescribed.

It is our expectation that the President should live up to his oath to defend and respect the Constitution of Zambia as by law established. To do otherwise is to abrogate it. Those wielding the reins of power are constitutionally obligated to give effect to the directions contained in the Constitution. The Zambia We Want categorically believes that we do not have sufficient time remaining to thoroughly conclude a constitutional reform process before the Presidential and General Elections of 2026. There is no constitutional crisis to warrant a high-octane process of completion. Any such manoeuvres can only be regarded as sinister.”