CONSTITUTIONAL COURT DECLARES BILL 7 UNCONSTITUTIONAL
Lusaka… Friday June 27, 2025 – In a landmark ruling delivered earlier today, the Constitutional Court of Zambia declared the government’s attempt to amend the Constitution through Bill 7 as unconstitutional.
The decision came in the case of Munir Zulu and Celestine Mukandila v. The Attorney General, with the Court finding that the proposed changes violated the principles of constitutional democracy and the rule of law.
The petitioners, Hon. Munir Zulu MP and Celestine Mambula Mukandila, had challenged the constitutional amendment process initiated by the UPND government.
They argued that the Constitution is a sacred document which must not be altered without transparent processes and full participation by the Zambian people.
The Court sided with their arguments, stating that the procedure lacked legitimacy and failed to reflect a national consensus.
The ruling followed closely on the heels of a directive from President Hakainde Hichilema, who had instructed the Minister of Justice to pause the amendment process just a day earlier.
Critics suggested the move may have been an attempt to preempt the legal defeat that has now materialized.
According to the judgment, the process behind Bill 7 was found to have been driven more by political convenience than by democratic necessity.
The Court emphasized that any attempt to amend the Constitution must be consultative, people-driven, and transparent, warning against bypassing public input in matters of such national importance.
Activists and members of civil society who had long raised concerns about Bill 7 welcomed the decision.
Mr. Thompson Luzendi, an activist and member of the Socialist Party, remarked that the ruling had confirmed what many Zambians already suspected: that the UPND’s approach to constitutional reform lacked the necessary transparency and consent from the public.
He further stated that the decision was a moral and historic victory for democratic values.
Mr. Luzendi praised the bravery of the petitioners, saying they had demonstrated civic courage in the face of executive pressure.
He noted that their actions served as an important reminder that the Constitution does not belong to any single political party or government, but to the Zambian people.
Quoting Socialist Party President Dr Fred M’membe, Mr. Luzendi said the ruling served as a wake-up call to citizens: “Democracy does not defend itself—it requires active citizens who will stand up when power overreaches.”
As it stands, the Court’s decision effectively halts any progress on Bill 7.
Legal experts indicate that if the government still wishes to amend the Constitution, it must restart the process from scratch, ensuring full public consultation and parliamentary oversight.