Citizens petition Mutti over third term bid…Five petitioners urge Parliament to reject proposed amendment to Article 106(3) , saying two-term limit is a democratic safeguard

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Citizens petition Mutti over third term bid

…Five petitioners urge Parliament to reject proposed amendment to Article 106(3) , saying two-term limit is a democratic safeguard



By EMV REPORTER

FIVE concerned citizens have petitioned Speaker of the National Assembly Nelly Mutti to reject a proposed Private Member’s Motion seeking to amend Article 106(3) of the Constitution, which bars a person who has twice held office as President from being eligible for election as Head of State.



In a petition dated November 12, 2026, and submitted to the Speaker through Feira Member of Parliament Emmanuel Tembo, the petitioners objected to an initiative by the Zambia Youth Organisations Consortium (ZYOC), which was submitted on September 23, 2026, and subsequently laid before Parliament by nominated Member of Parliament Francis Kope on October 28, 2026.



The petitioners, Xhuzwayo Phiri, Chabota Mweetwa, Danson Lungu, Joseph Kambele and Changala Siame, said weakening the presidential term limit would undermine democratic principles, constitutionalism and the country’s hard-won democratic gains.


“We respectfully request that the National Assembly reject the initiative and decline to entertain any motion aimed at weakening the two-term limit.



“Article 106(3) provides that a person who has twice held office as President is not eligible for election as President. This is not a technicality. It is a fundamental democratic safeguard,” the petitioners stated.

They argued that presidential term limits ensured that the presidency remained a constitutional office rather than an institution for indefinite occupation, adding that the Constitution should not be altered whenever its provisions became inconvenient to individuals or ruling establishments.



The petitioners cited Zambia’s experience under the one-party state introduced during former president Kenneth Kaunda’s administration in 1972 and constitutionalised in 1973 as a warning against weakening democratic safeguards.



They said the one-party system, which was presented as a means of promoting national unity, eliminated political competition for nearly two decades, weakened accountability and concentrated political authority.

The petitioners further recalled the 2001 attempt by supporters of former president Frederick Chiluba to secure a third presidential term, saying widespread opposition from civil society, churches, lawyers, citizens and members of the ruling MMD forced the abandonment of the proposal.



They noted that more than one-third of MMD members of parliament signed a declaration opposing the proposed third term, making it impossible to secure the required two-thirds majority.

“This episode remains one of the most important demonstrations of democratic accountability in Zambia’s political history. It established that no individual, regardless of their political position or influence, should be considered indispensable to the governance of the Republic,” they stated.



The petitioners also invoked recommendations from successive constitutional review commissions, arguing that the Mvunga Commission of 1991, Mwanakatwe Commission of 1996 and Mung’omba Commission of 2005 had consistently supported limiting presidential tenure to two five-year terms.



They said the Mung’omba Commission had observed that there was virtual unanimity among petitioners in favour of presidential term limits, with the most popular proposal being a maximum of two five-year terms.

The concerned citizens further cited the 2025 Electoral Reform Technical Committee (ERTC), which they said had recommended retaining the presidential term limit of two five-year terms as provided for under Article 106 of the Constitution.



Quoting the committee’s findings, the petitioners said: “It is the wish of the majority of submitters that the current term limit for a president be upheld.”

They also referenced the committee’s recommendation on page 208 of its report that the two-term limit should be retained.

The petitioners questioned what compelling national interest had emerged within a year to justify reversing the position supported by the majority of citizens who made submissions to the ERTC.



They argued that any attempt to alter such a fundamental constitutional safeguard required broad national consultation, transparency and meaningful public participation, emphasising that the Constitution belonged to the people and not Parliament, the Executive or any political party.

The petitioners further expressed concern that removing the restriction would undermine democratic renewal, create an uneven political playing field and make it difficult for alternative leadership to emerge.



They also questioned why an organisation representing youth interests would support an initiative that threatened opportunities for future generations to participate in national leadership.

“Youth organisations should be at the forefront of defending democratic institutions, not advancing constitutional changes that could undermine the political opportunities of the very generation they claim to represent,” they stated.



The petitioners warned that manipulating presidential term limits in other African countries had contributed to political tensions, protests, instability and democratic backsliding.

They said Zambia should not risk its record of multiparty democracy and peaceful political transitions, particularly when citizens were grappling with unemployment, the high cost of living, inequality and debt.



The petitioners also cited President Hakainde Hichilema’s previous public statements opposing the prospect of a third presidential term.

They recalled that on August 17, 2021, shortly after his election, Mr Hichilema was quoted by News Diggers as saying: “Third term is not part of our language. It should not be anyone’s language and Zambians have spoken about it.”



They further cited his September 23, 2021, address at the United States Institute of Peace in Washington DC, where he cautioned against creating special favours for public office holders to remain in power longer.

The petitioners said Mr Hichilema had argued that successive constitutional review commissions had established the people’s desire for presidential term limits and warned that treating certain individuals as indispensable could breed autocratic behaviour.



“If 10 years is sufficient for one President, it must be sufficient for every President. Constitutional safeguards must never become negotiable depending on who benefits,” the petitioners stated.

They asked the Clerk of the National Assembly to formally acknowledge their counter-petition and bring it to the attention of the Speaker and the House.

They also urged Parliament to reject the ZYOC request, reaffirm its commitment to constitutional term limits and democratic succession, and take cognisance of the recommendations of successive constitutional review commissions and the 2025 ERTC.



The petitioners said democracy was sustained not merely through elections but also by protecting institutions, respecting constitutional limitations and ensuring that no individual became bigger than the Republic.



“The Constitution must remain supreme. No individual is indispensable, no political party is bigger than the Republic, and no political ambition should take precedence over the democratic aspirations of the Zambian people,” they stated.

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