Constitutional Amendments Must Reflect the People’s Will, Not Executive Convenience
By Thandiwe Ketis Ngoma
The Constitution is not the property of the Executive. It is the supreme law of the land, a sacred covenant between the people and the state. Amending it is a serious, historic undertaking that demands integrity, inclusivity, and legitimacy. It must never be manipulated to serve the narrow interests of those in power.
Yet what the UPND government is currently pursuing through Bill Seven is not constitutional reform. It is a political maneuver wrapped in legal disguise. The process is rushed, secretive, exclusionary, and contemptuous of the very people it claims to serve. If this is not an abuse of democratic trust, what is?
The Correct Path to Constitutional Amendment
In every credible democracy, constitutional amendments follow a disciplined, transparent, and people-driven process. While the technical mechanisms may differ, the core democratic principles are universal:
1. Genuine Public Participation
Reform must start with the people, not end with them. Citizens, civil society organisations (CSOs), churches, traditional leaders, opposition parties, and professional bodies must be active participants in the process. Anything less than full engagement is illegitimate.
2. Unquestionable Transparency
Constitutional changes must be made in full public view. Every draft, every clause, and every revision must be openly debated. A Constitution is not a confidential document; it is a public contract.
3. Non-Partisan Process
The Constitution belongs to no political party. It must be shaped to serve generations, not administrations. Any process that prioritises ruling party interests over national interest is inherently undemocratic.
4. Independent Leadership
Reforms should be spearheaded by a neutral, inclusive, and expert-led body, not the Executive. When the same people who benefit from the amendments are the ones writing them, the outcome is deeply compromised.
5. Adequate Time for Deliberation
Constitutional reform cannot be rushed. It requires time to consult, debate, and refine. Rushing the process only serves to weaken the foundation of the nation and cast suspicion on the motives behind the changes.
Why Bill Seven Is Undemocratic and Illegitimate
The UPND government’s 13-point proposal under Bill Seven fails every democratic standard. It is a textbook case of how not to amend a constitution.
1. Exclusion of Key Stakeholders
CSOs, legal associations, faith leaders, and political players have all voiced their discontent over the lack of meaningful engagement. The so-called consultation has been a box-ticking exercise. This is not reform; it is dictation.
2. A Recklessly Rushed Agenda
Rather than allowing time for broad consensus, the government is steamrolling the process through Parliament. This haste suggests a political deadline, not a national imperative. Such recklessness undermines both the content and credibility of the amendment.
3. Executive-Authored Amendments
The proposals are coming from the very institution meant to be restrained by the Constitution — the Executive. When the referee starts rewriting the rules, the game is no longer fair.
4. Disregard for Public Opposition
Widespread calls for the bill to be withdrawn or delayed have been met with indifference and even contempt. This is not leadership; it is authoritarianism dressed in democratic clothing.
Conclusion: The Constitution Belongs to the People
This process is not only flawed. It is dangerous. It undermines the spirit of our democracy, insults the intelligence of our citizens, and threatens to plunge our country into deeper political distrust.
If the UPND government has any regard for democracy, it must immediately halt this illegitimate process. Not out of fear, but out of respect for the Zambian people. Reform must return to the drawing board, this time under the direction of the public, where it belongs.
In a truly democratic society, the Constitution is not rewritten in backrooms by the powerful. It is shaped, word by word, through the voices and will of the people.
The Constitution is not changed for the people. It is changed by the people, through consultation, through consensus, and with full transparency. Anything less is not democracy. It is deception.