BILL 7: A SURRENDER OF LEGISLATIVE INDEPENDENCE TO THE EXECUTIVE
By Isaac Simbeye
1.0 INTRODUCTION
In the present article, the author argues that Members of Parliament (MPs) supporting Bill 7 are scheming to erode their own independence and security of office, bringing it to a level comparable to that of nominated MPs. It will be argued that Bill 7 also seeks to consolidate power within the executive over legislative independence.
2.0 THE MECHANIC OF THE CHANGE: Abolishing By-Elections
One of the critical amendments that Bill 7 seeks to effect is the one relating to Article 72(8) of the Constitution of Zambia 2016, which involves doing away with by-elections for MPs who are sponsored by a political party. The proposed amendment is couched in the following terms;
“Article 72 of the Constitution is amended by the —
(b) deletion of clause 8 and the substitution therefor of the following:
(8) Where a vacancy occurs in the National Assembly for a Member of Parliament, the Speaker shall, within seven days of the occurrence of the vacancy, inform the Electoral Commission of the vacancy, in writing, and the political party that sponsored the member who held the seat shall elect another person to replace that member to assume that seat in the National Assembly.
(12) The Electoral Commission shall, by regulations— (a) set the date and time for submission of the name of the person elected in accordance with clause (8), to the Electoral Commission, to assume the vacant seat in the National Assembly; …”
Should this amendment be approved, each time a Parliamentary seat sponsored by a political party becomes vacant, there will be no need for by-elections, as the sponsoring political party will simply nominate any party member to take over.
3.0 CONSOLIDATING EXECUTIVE POWER: The Resident’s New Prerogative
In post-independence Zambia, the President of the Republic of Zambia is also the president of the political party that sponsored his presidential candidacy. Therefore, it is apparent that he runs both the executive branch of government and his political party. Ultimately, he has a significant influence on major decisions of his political party, particularly on which candidates should stand as Members of Parliament.
Of course, if the candidate being considered has to be voted for during a by-election, as under the current constitutional provision, the sponsoring political party is likely to consider the candidate’s popularity and likability among the electorate. It is contended that if the by-election is done away with, the only consideration might be loyalty to the party leadership, as the electorate plays no role in replacing the MP. What follows is the likelihood of choosing loyalists over a credible candidate who is capable of performing.
Effectively, the amendments have the effect of consolidating more power within the executive while taking away the independence of Parliament for the reasons advanced above. It is contended that the dangers oflooming erosion of legislative independence coming with this amendment outweighs the preached the cost benefit in this our young unstable democracy.
In this regard, MPs who rely on their ability to perform rather than excessive loyalty to the extent of losing independence in carrying out their legislative duties and functions are warned or indeed advised to vote against this amendment, in case Bill 7 is sneaked back into Parliament against the order of the Constitutional Court.
4.0 THE EROSION OF POLITICAL PARTY SECURITY
There is a possibility that what is happening to the country’s main opposition political party in terms of changes of office bearers at the office of the Registrar of Societies may repeat itself in the next main opposition political party. In such a case, it is possible that the future Republican President will have power over both his own political party and the main opposition political party, and ultimately have a say in who fills the vacant parliamentary seats, as there will be no need to hold elections.
From precedent, elected MPs can easily lose their seats upon a simple conviction and being sent to prison for at least six months, and the seat left behind will have to be filled by appointing loyalists to the executive. This is another angle from which this proposed amendment is likely to erode the independence of the legislature.
In other words, the security of tenure of MPs will be similar to that of Nominated MPs.
5.0 CONCLUSION
It has been argued that Bill 7 represents a fundamental shift in the balance of power, strategically eroding the independence and security of elected Members of Parliament sponsored by political parties. By eliminating by-elections, the bill transfers the power to fill legislative vacancies from the electorate to political party structures.
Given the President’s dominance over their party, this change effectively consolidates power within the executive, prioritising loyalty over competence and undermining the legislature’s role as a separate, independent branch of government. Ultimately, the passage of this amendment would not only weaken individual MPs but also diminish the very foundations of a robust parliamentary democracy.