“You Can’t Amend the Constitution Without the People” – Dr. Mwelwa Blasts Parliament Over Bill 7
Renowned legal scholar Dr. Lawrence Mwelwa has delivered a scorching critique of Parliament’s handling of Bill No. 7 of 2025, declaring the process “constitutionally defective before it even reached the floor.” In a powerful juridical statement titled “Madam Speaker, the Court Has Spoken”, Dr. Mwelwa defended the recent Constitutional Court ruling that halted the bill’s progression, branding it a necessary act of constitutional guardianship, not judicial interference.
“Let’s be clear,” Dr. Mwelwa wrote. “You cannot amend the Constitution without the people and certainly not before them. This is not judicial overreach. It is the fulfillment of the Court’s highest duty: to ensure that the Constitution remains the property of the governed, not a playground for the governors.”
His remarks come in the wake of a controversial ruling by the Constitutional Court in the case of Zulu and Mukandila v. Attorney General, which found that the Bill 7 amendment process lacked meaningful public consultation, rendering it unconstitutional from the outset.
Dr. Mwelwa was unflinching in his legal dissection of the matter, dismissing claims that the Court had interfered with the independence of the National Assembly as “simplistic and constitutionally illiterate.”
“This is not a disruption of legislative independence it is a defense of constitutional integrity. Let us not confuse procedural momentum with constitutional legitimacy. Bill 7, though published and tabled, was already in breach before its first reading. The people were not asked before the pen hit the page.”
Citing regional jurisprudence from South Africa, Kenya, and Gambia, the academic argued that constitutional amendments are not mere legislative exercises, but democratic processes that must begin and end with public participation. “The Constitution is not an ordinary statute. It is a living document and amending it requires more than bureaucratic muscle. It demands legitimacy.”
He further pointed out that the Executive initiated the Bill 7 process without any independent consultation framework, no public hearings, and no demonstration of citizen involvement, calling the move “fatally flawed” and “legally arrogant.”
In response to Speaker Nelly Mutti’s recent pronouncement that the bill could still be considered if the Justice Minister pushes forward, Dr. Mwelwa issued a stern reminder: “Parliament is not immune to constitutional compliance. Internal procedures are not a license for foundational illegality.”
“The Court’s decision didn’t target debate or Standing Orders,” he said. “It struck at the very origin of the bill where public participation was bypassed. That breach cannot be cured by committee hearings or floor debates.”
“The Court drew a line in the sand,” he concluded. “And that line reads: No people, no amendment.”
July 10, 2025
©️ KUMWESU
Blasts….blasting who? Who is Parliament? An institution in which the people of Zambia are represented. So you one Zambian called Mwelwa, who are you to speak for all Zambians over members of Parliament that are the reresentitives of Zambians? The role of the Concourt is to give an opinion of the law. What is an Opinion. A view just like your view which is misconcieved, the concourt renders a view based on the law and facts its availed.
There is a stark difference between AMENDMENT and REVIEW of the Constitution. And the institution rendered the authority to AMEND the laws of the land is Parliament. For a man with a Doctorate you have a very narrow view of knowledge. Something the process of earning your doctorate should have demonstrated.
So the 20 million Zambians should go to parliament to amend the constitution, is that what this man is saying? Did he skip civic education for him not to understand why parliamentarians are there? It seems he does not know that only part 3 of the constitution require the direct participation of the people via a referendums, any other part can be amended by parliament alone. What kind of doctors do we have in Zambia at the moment who fail to reason at basic level?
Ati straight forward. Just exhibition of ignorance.
@Musonda, since you are very knowledgeable, please educate me the function of parliament. I need to learn, please enlighten me the ignorant one so that I become as knowledgeable as you are.
Mulenga July 10, 2025 At 10:57 am
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Blasts….blasting who? Who is Parliament? An institution in which the people of Zambia are represented. So you one Zambian called Mwelwa, who are you to speak for all Zambians over members of Parliament that are the reresentitives of Zambians? The role of the Concourt is to give an opinion of the law. What is an Opinion. A view just like your view which is misconcieved, the concourt renders a view based on the law and facts its availed.Eco-friendly travel experiences in Zambia
There is a stark difference between AMENDMENT and REVIEW of the Constitution. And the institution rendered the authority to AMEND the laws of the land is Parliament. For a man with a Doctorate you have a very narrow view of knowledge. Something the process of earning your doctorate should have demonstrated.