CIVIL SOCIETY CALLS FOR TRANSPARENCY AS GOVERNMENT FAILS TO AVAIL TERMS OF REFERENCE FOR CONSTITUTIONAL TECHNICAL COMMITTEE
In what appears to be a growing wave of concern over Zambia’s constitutional reform process, a coalition of 37 Civil Society Organizations (CSOs) has raised alarm over the government’s failure to release the Terms of Reference (ToR) for the newly constituted Constitutional Technical Committee.
The CSOs argue that the absence of clearly defined ToR not only undermines transparency but also risks derailing the credibility and inclusiveness of the entire constitutional review process—one that the UPND administration hopes to conclude before the 2026 general elections.
According to the group, government’s silence on the ToR has left stakeholders and citizens in the dark regarding the committee’s actual mandate, scope of work, timelines, and guiding principles. This, they say, contradicts the government’s own pledge to promote public participation and build a people-driven Constitution.
“We cannot meaningfully engage in a process whose rules of engagement are unknown,” the statement from the 37 CSOs reads. “Unless the Terms of Reference align with the people’s expectations, this will be yet another roadblock to the UPND government’s desire to amend the Constitution before the 2026 elections.”
The organizations have since taken a proactive stance drafting and presenting what they describe as the “bare minimum acceptable expectations” to guide the process. These include:
Full transparency of the committee’s composition, mandate, and funding.
Wider citizen participation in consultations across all provinces.
Guarantees against political interference, ensuring the committee operates independently.
Clear timelines and deliverables, communicated publicly.
A rights-based approach, ensuring the final draft protects democratic institutions and individual freedoms.
They further warned that any attempt to rush or manipulate the process could reignite public mistrust similar to that seen during previous constitutional reform attempts.
Political analysts have also weighed in, noting that the government’s handling of the process could either reinforce or damage its democratic credentials ahead of the next polls. “Constitutional reform is one of the most sensitive undertakings in any democracy,” said one governance expert. “Without openness and inclusivity, the process risks being viewed as politically motivated.”
The Ministry of Justice has yet to respond to the concerns raised by the CSOs. Meanwhile, public calls are growing for the government to immediately publish the ToR and outline the roadmap for the constitutional review process.
As the clock ticks toward 2026, the coming weeks could determine whether Zambia’s long-awaited constitutional reform becomes a unifying national project or yet another contentious political battlefield.
©️ KUMWESU | October 16, 2025
I thought these civil society had meetings with the executive on ensuring a participatory process for the review of the constitution?? What stopped them from providing their inputs to the terms of reference?? I would have given credit to these civil society organisations if they were now saying our inputs to the terms of reference were ignored. The capacity and seriousness of our civil society these days is limited or lacking proactivity. The civil society just wants to be availed the ToR by the government. Where is their proactivity??
Are terms of reference availed to citizens, yet still CSOs or the technical committee…
I really fail to understand President Hakainde Hichilema and his government.
There’s absolutely no way the Constitutional Amendment Technical Committee can operate without Terms of Reference.
Why can’t this government for once be Transparent to the people of Zambia?
From 2021 it has been like Transparency and Honesty are very difficult Virtues for Mr Hakainde Hichilema and his Colleagues in government.
What is the Committee being asked to do?
Is it to get the views of Zambians on Bill 7?
Is it to identify Lacunae in the 2016 Amended Constitution so that the Technical Committee can now come up with a new Bill?
Is it to go back to the original Constitutional Amendment Draft Constitution which was handed to President Edgar Chagwa Lungu in 2015, use it as a working document and come up with a new amended Constitution?
Is it an open ended, free for all, infinity directions Exercise, where we are allowed to go anywhere, and anyhow to completely over haul the Constitution of Zambia?
What really is being expected from the people of Zambia?
Honourable Mukandila and progressive Lawyers out there, if no Terms of Reference, with clear Time Lines for the Exercise are given..
And if delimitation and Census Reports still remain secret, Go back to the Constitutional Court and get a stay of the process, for Constitutional Procedural Breaches.
We are a sane Zambia, and shouldn’t be subjected to this ” Madness”