A NOTE ON THE LAW USED TO APPOINT THE TECHNICAL COMMITTEE
By Isaac Mwanza
I been following with keen interest the ongoing criticism aimed at President Hakainde Hichilema over how he appointed the Technical Committee to draft amendments to the Constitution of Zambia. When I accepted to serve on this Committee, I initially thought I would keep quiet and just get on with the work. But honestly, something in me just wouldn’t sit still. I feel the need to clarify a few things so that the public can have a fair understanding of the situation. These views are entirely my own— they don’t represent the Committee or any organisation I belong to.
1. The Law Behind the Appointment
Let’s start with the legal question. This is not the first time a Technical Committee has been appointed in this way. The late President Michael Sata used the same constitutional powers — then found in Articles 33 and 44, now reflected in Article 92 — to appoint the Judge Silungwe Technical Committee. The law has always given the President this authority. Interestingly, some of the loudest critics today actually sat on that very Silungwe Committee, which faced similar doubts about its legality back then.
Those arguing that the current Committee should have been established under the Inquiries Act are missing a key point. That law gives the President the power to appoint commissioners and set up a Commission of Inquiry — not a Technical Committee. The two are very different things.
A Commission investigates matters and reports findings, while a Technical Committee focuses on drafting and providing specialised stakeholder input. So, it wouldn’t even make legal sense to use the Inquiries Act for this purpose, and that was Sata’s reasoning when he departed from the previous style.
I support the use of Inquiries Act as well and disagreed with the Court that that President must appoint a Technical Committee but my opinion or disagreement doesnt matter in the face of a court judgment. This means the route of using a Technical Committee is lawful as guided and endorsed by the Court.
2. The Issue of Consultation
Another concern raised is that the President did not consult widely before appointing members. Of course, consultation is important and always encouraged. But if we are being honest, Zambian presidents have rarely, if ever, done this when appointing such committees. The only first time we saw some level of consultation was under President Edgar Lungu, when he asked organisations to propose names for the National Dialogue Forum and later for the Committee on Bill No. 10. Even then, he still made the final selections.
In this case, President Hichilema picked members from the list given to him by the 2 consortia of CSOS. The names he picked belong to institutions such as the Law Association of Zambia (LAZ), Caritas Zambia, Operation Young Vote (OYV) representing the 37 CSOs; and the Zambian Civil Liberties Union (ZCLU), representing the 11 CSOs.
These are not random picks — they are all part of the broader coalition of civil society groups that have long engaged in constitutional and governance matters and attended the meeting with the President and agreed they would submit names, which was done on 26 June, 2025. By this deed, President Hichilema did consult on which organisations he must pick from.
3. A Word on Fairness and Attitude
Now, here’s where I think we need some honest reflection. Some organisations seem upset not necessarily because there was no consultation, but because they were not among those consulted. There’s an unfortunate tendency in some parts of civil society where a few groups behave as if their voices matter more than others—as though they are “more equal than others,” to borrow George Orwell’s famous phrase from Animal Farm.
This sense of superiority is unhealthy. It divides the civil society movement and undermines the very principles of inclusion and equality we claim to stand for. The truth is that no single organisation or personality has a monopoly on wisdom, experience, or legitimacy. Whether big or small, every group working for the good of Zambia deserves equal respect and recognition.
It’s time we moved past the elitist mindset that only a select few have the right to speak on national matters, especially constitutional reforms. Real democracy and real progress come when we treat each other as equals, not competitors. The work of reforming our Constitution is too important to be derailed by ego battles or the politics of recognition. What matters most is that we all contribute meaningfully, in good faith, to shaping a Constitution that serves every Zambian.
Well articulated Mr. Isaac Mwanza.
These people critical are just jossling for a seat at the table.
Nidyamo chabe. And the noise wont stop. Its never about patriotism just in the same way everyone wants to stand as President of Zambia so that ba dyemo. Not abouf the poor rural Zambian trying to crave out a living that are afforded by those in the urban setting. No those seeking office dont give a “hoot” they want theirs. Thats what its all about. Reading this article one has to ask “those” referred to. What do they honestly think when being critical? That they are the only ones with mouths that need to eat?
Tuleshako bane…Te Zambia yenu mweka
Seek and make criticisms bases on the greater good of everyone of us not just to line your pockets…
Thank you ba Isaac Mwanza
The only voice of wisdom on the subject matter. Thank you Bwana Mwanza.
The rest are the “ti dyemo” crew. They were not selected, so let’s demonise the entire thing. Even former LAZ head.
Why is Law classified as a Profession? All the Lawyers will never agree on interpretation of one Clause. Given one Clause in their Profession, most likely Doctors, Engineers, Accountants, (even Bamalukula in their Profession) will arrive at the same conclusion, but not Lawyers.
The problem with the law it is too subjective. The interpretation depends on the side on which you are. This same Mwanza was a staunch critique of Hichilema now that he is eating with him he no longer criticizes Hichilema.
@ kuseni seni
Indeed this Isaac Mwanza was one time an Objective and critical voice in Zambia ‘s national discourse. He has since transformed into a Praise Singer and Fan of Mr Hakainde Hichilema’s Misadventures.
Here’s a man who doesn’t know what he is defending.
He is on the Technical Committee on Constitutional Amendment, but he doesn’t know what he is doing on that Committee.
My advice to such people is have minimal decency… Support what you know.
The Chair of the Committee is Quiet. The Ministry of Justice is equally Quiet. But here is a member , in Isaac Mwanza, who sees it upon him self to start shooting in the dark.
He is just embarrassing him self.
The problem I have with Praise Singers like the ones commenting above is the lack of objectivity when looking at issues. If Hakainde Hichilema does something, then it’s good and should be supported.
Mr Isaac Mwanza tells us that a Commission of Enquiry Investigates matters and reports findings.
A Technical Committee focuses on drafting and providing specialized stake Holder Input.
The Question for Mr Isaac Mwanza is that, ” Where are you getting the Scope of the Definition of a Technical Committee? Is it coming from that given by Michael Sata, or there is a certain part in the Constitution which defines the scope of a Technical Committee with regards to Constitutional Amendments ? The truth Mr Mwanza is that there’s no such Constitutional Provision. YOU ARE TELLING LIES.
The Technical Committee Michael Sata constituted were given Terms of Reference, and it’s those terms which defined the Technical Committee ‘s roles , and not that these terms are somewhere in the Constitution.
Mr Michael Sata wanted the Technical Committee to look at all Past Constitutional Review Commissions and come up with a Draft Constitution, without getting additional submissions from the people..This is what led to the Draft Constitution from Judge Silungwe, and this is what gave birth to the 2016 Amended Constitution during Edgar Lungu ‘s Presidency.. THERE WAS NO NEED TO USE THE ENQUIRIES ACT in Mr Michael Sata’s case.
What is the Technical Committee on Constitutional Amendment appointed by Mr Hakainde Hichilema being asked to do?
NO ONE KNOWS!
The Terms of Reference haven’t been availed to the Public. Mr Isaac Mwanza himself doesn’t know what he is supposed to do on that Committee.
Is it to Draft a new Constitution using specialized Stake Holder Input or it is to get Views / Submissions from the general Public. If it is the latter, as guided by the Constitutional Court, then the Inquiries Act is the appropriate legislation to use .
If it is the former, then there is no need to engage the public, and this is contrary to what the Constitutional Court ruled on Bill 7.
So Which is Which ba Isaac Mwanza???
Again I ask what are the Terms of Reference for this Technical Committee?
What is the Time line ?
And related to this are the following questions..
Where is the Delimitation report? We need this information as we make our Submissions to the Technical Committee.
Where is the Full Census Report. The Report given by Hon Situmbeko Musokotwane was incomplete. The Population growth in Southern Province wasn’t given..And Beyani argued about the figures on 15 Wards in Southern Province!
By how much has the population in Southern Province grown?
Again I say we are a Sane Zambia. Let us not be subjected to ” Madness” regarding the Constitutional Amendment Process .
A lawyer is a trained thief, even when he knows that the client can never win the case he ll promise a win attached to a huge cost and quick to ask the court for leniency when the client is been handed a big prison sentence. The court should find ways of letting acused persons to start defending themselves than been a conduit to facilitating a known swindling career men and women in gowns. Why is it that everything a citizen has to do need a lawyer, if one wants to sell his own person property the law forces him/her to feed the belly of already rich lawyer. In this country we have a proof that lawyers are not principled, example STATE CRIMINAL J S was no TV saying the constitution does not allow ECL to contest 2021 election and that if his nomination will accepted by ECZ the following morning he will be at the court to file in his opposing documents, but later he changed that lungi was eligible. Mr lungu himself after swindling a widow, but due to trust of a lawyer he came and swindled the zambia with all its citizen for tasila, and the siblings. Watch as governments change you ll see Mr JS SC been appointed high court judge. KOMBONI BOY FRIEND woke up a judge at night to secure another lawyers fraudulently the party presidential aspirants position. It’s time we tried a mechanic or a plumber maybe we have he a better leader.
You started well with your submission but along the way in trying to put your case, you gave in to poor judgments
This is for Mr Isaac Mwanza, and those who think like him, cheering as the Country is being destroyed.
Mr Michael Chilufya Sata in 2011
Appointed 20 Members of a Technical Committee and immediately gave the committee the Terms of Reference.
– The Technical Committee shall be headed by 20 people with support of three draft persons from the Ministry of Justice
– In carrying out it’s functions , the Technical Committee shall refer to all previous Constitutional Review Commissions, namely
the Chona Commission, Mvunga Constitutional Review Commission, the 1991 Constitution of Zambia, the Mwanakatwe Constitutional Review Commission and Draft Constitution.
– The Technical Committee will review the Mungomba Constitutional Review Report and Draft Constitution.
– The committee shall review the Zaloumis Electoral Committee Report and National Constitutional Conference ( NCC) and draft Constitution.
– The Technical Committee shall review the Mungomba Constitutional Review Commission and use it as the basis upon which to develop the new Constitution of Zambia.
– The Technical is expected to consult widely and take into account the submissions forwarded.
– The committee is expected to consult local and international experts on Constitutional Law and Practice, the members of the public at all Provincial Centers and incorporate in the new national constitution the views of the people as resolved in the provincial constitutional Conventions.
– The committee is expected to consult and take into account the Submissions of Sector Groups ( Women, Youth, Persons with Disabilities, Church, Traditional Leaders, Professional Bodies ( LAZ, EAZ, EIZ etc) , Minorities etc )
– The Technical Committee shall draft the National Constitution based on its findings from the Review Process and best International practices and Provisions of International Conventions on Human Rights.
– The Technical Committee shall also draft the Constitution of Zambia Bill to set the commencement date for the new Constitution, deal with transitional and other issues for the effective transition into a new Constitutional Regime under the Fourth Republic to be enacted by Parliament.
– The Technical Committee shall draw up it’s program of work and submit the same to the Secretary to the Cabinet within 7 days of it’s first sitting.
– The committee shall be composed of the following eminent experts:
1. Hon Justice Annel Silungwe SC – Former Chief Justice
2. Dr JB Sakala – Sakaka and Company
And a wide range of experts from Academia and Private Law practice , and those who had participated in previous Constitutional Reviews.
The list included people such as Professor Margret Munalula ( UNZA ) , Professor Patrick Mvunga, Dr Roger Chongwe, Willa Mungomba, Mwangala Zaloumis from Dove Chambers, Susanna Matale, Traditional Leaders, and many eminent experts.
This is what the Late President did in 2011. Who can fault such a clear and transparent process? From the Composition of the team, to the Terms of Reference, you see professionalism , Transparency, Patriotism, Selflessness, and a desire to come up with a Constitution to stand the test of Time.
Enter Mr Hakainde Hichilema, and Mingalatoons are let loose on the country..Stealthy Manoeuvres and Misadventures begin.
One doesn’t know where we are coming from, where we are, and where we are going.
The Terms of Reference are not there. Top Secret.
The Time Line is not there. Top Secret.
People don’t know what is expected of them.. even members of the Committee are groping in the dark.
It’s just a Total Mess.
Meanwhile Praise Singers are busy with praises.
A serious thing like a Constitutional Review of the Constitution of a country, and some one starts playing games! The Constitutional Court Ruled and guided. But still some one can’t listen.
This is going to far. The schemes and Manoeuvres will fall flat.
There’s a limit to what Zambians can accept.