Amendment or No Amendment? The Case for Constitutional Reform in Zambia
By Zevyanji Sinkala
TO fully appreciate this issue, one must acknowledge its historical context. Tempting as it may be to delve into that academic discourse, I have deliberately refrained from doing so in this instance.
As a legal practitioner, scholar, and citizen, I feel compelled to contribute to the ongoing debate on Zambia’s proposed constitutional amendments. It is a well-established principle that a Constitution is a living document, one that must evolve to reflect the aspirations and needs of its people. Where necessary, amendments that enhance governance, strengthen legal clarity, and serve the national interest should not only be welcomed but actively pursued.
The government has rightly recognised the necessity of constitutional amendments as part of its broader strategy to improve governance and advance national development. Reports indicate that the proposed reforms may include the introduction of proportional representation, the delimitation of constituencies, and the elimination of costly by-elections. Such reforms, if carefully designed and implemented, would modernise Zambia’s democratic framework and enhance its institutional stability.
It should recognised that good governance is not static, it requires continuous assessment and adaptation. Where deficiencies exist in the legal framework, it is the duty of government to address them. A stable and well-functioning constitutional order underpins economic growth, bolsters investor confidence, and facilitates the efficient delivery of public services.
Timing and the 2026 Elections: A Misplaced Concern?
Critics of the proposed reforms argue that their timing, so close to the 2026 Presidential and Parliamentary Elections, is inappropriate. However, constitutional amendments should not be dictated by electoral cycles but by their necessity for good governance. If certain provisions of the Constitution impede efficient administration, economic progress, or democratic integrity, delaying their reform for political convenience is neither logical nor in the best interests of the nation.
For instance, prior to the 2016 Presidential and Parliamentary Elections, the National Assembly passed the The Constitution of Zambia (Amendment) Bill No. 16 of 2015 on December 10, 2015 which was later assented to on January 5, 2016. Eight months later, the Presidential and Parliamentary Elections were held and conducted in terms of the demands of a new constitutional order, under The Constitution of Zambia (Amendment) No. 2 of 2016. This is an illustration of the fact that it’s not enough for one to argue that because there is an upcoming election next year, thus, the Constitution cannot be tempered with.
Concerns that the amendments are designed to manipulate the electoral process remain unsubstantiated. In the absence of a bill detailing specific changes, such claims are speculative and should not detract from a reasoned debate. Constitutional reform should be assessed on its merits rather than through the prism of partisan politics.
Constitutional Reform and National Priorities
Since August 2021, the government has prioritised economic stabilisation, debt restructuring, job creation and unprecedented recruitments in the public sector, energy security, and food security in response to the effects posed by drought. These priorities have been both urgent and necessary. However, it is important to note that constitutional reform is not in conflict with economic recovery; rather, it complements it. A modernised constitutional framework is essential to sustaining long-term economic growth, reinforcing democratic institutions, and ensuring national stability.
Conclusion: A Necessary and Responsible Reform Process
The debate on constitutional amendments must be grounded in fact and legal reasoning, not conjecture. The government has a clear duty to refine legal and institutional frameworks in the best interests of the Zambian people. Constitutional reform is not an exercise in political expediency; it is a crucial step towards strengthening governance, ensuring legal certainty, and fostering national development.
While the specific details of the amendments are yet to be made public, dismissing the process outright would be premature and counterproductive. The government’s commitment to reform should be recognised as a proactive measure to enhance governance, not as an electoral strategy. A robust constitutional foundation is indispensable to economic prosperity, social cohesion, and democratic integrity. The executive’s approach balancing immediate economic imperatives with essential legal reforms demonstrates responsible leadership aimed at securing a stable and prosperous future for all Zambians.
The Author is a Lawyer and politician.