Bill 7: The Shortcut That Threatens Zambia’s Democracy – Musa Mwenya SC
By Michael Zephaniah Phiri, Political Activist
Former Attorney General and past President of the Law Association of Zambia (LAZ), Musa Mwenye, SC, has cautioned against attempts to reintroduce constitutional amendments through Bill 7 without proper consultation.
Speaking during a programme hosted by Ambassador Emmanuel Mwamba, Mwenye explained that the Constitutional Court had already ruled that a previous attempt at amending the Constitution was unconstitutional due to lack of broad-based consultation. He warned that ignoring this ruling risks undermining democracy and eroding public trust.
“The Constitution is the cement of society. It cannot be lightly changed,” Mwenye said. “The court made it clear that any constitutional review must involve a broad-based process, not a shortcut through Parliament.”
He expressed concern that the government appears determined to proceed with Bill 7 regardless of the judgment, describing such a move as “dangerous” because it would set a precedent of the state itself disobeying court orders.
When the government disobeys court judgments, it breeds impunity and self-help,” he said. “This sends the wrong signal not just to citizens, but also to investors who rely on the rule of law to protect their interests.”
Mwenye also raised questions over the contents of Bill 7 itself, noting problematic provisions such as extending the life of Parliament, increasing the number of nominated Members of Parliament, and leaving unclear mechanisms for proportional representation. He stressed that these issues require open debate and transparency.
“The process protects the content,” he argued. “If we get the process wrong, even well-intentioned content loses legitimacy.”
He concluded by urging government, civil society, political parties, and the Church to promote consultation and uphold democratic values, reminding Zambians that democracy was hard-won and must be safeguarded.
The Constitutional Court ruled that the process used to create Bill 7 was Illegal, unconstitutional. Bill 7 is a product of an Illegal and Unconstitutional process.
That’s the folly of Stealthy Character, Imingalato in everything, even in Constitution making process. The destiny of unhinged Imingalato is embarrassment.
” We have no intentions of Amending the Constitution” . It has never been a priority of the UPND government – Cornelius Mweetwa, Governant Spokesperson, 2024.
” Zambians have agreed that We change the Constitution this year” – President Hakainde Hichilema, 2025. What, Where, When, How???
” We have a Draft of the Constitutional Amendment Bill , which will empower Women and the Youth” – President Hakainde Hichilema. How, When, What, Where????
Bill 7 , on constitutional Amendment brought to Parliament by Justice Minister! What, How, When, Where???
This is the process used to come with Bill 7..and the Constitutional Court ruled, this is illegal and unconstitutional.
Now they want to create the means when the product is already there!
That’s Crooks Law!
It cannot work.