Constitutional Lawyer Slams Hichilema’s Technical Committee, Calls Move “Illegal and Contemptuous”
Constitutional lawyer Joseph Chirwa has questioned the legality of the Technical Committee recently appointed by President Hakainde Hichilema, describing it as both illegal and contemptuous toward the Constitutional Court. He warned that the move risks undermining Zambia’s constitutional order and setting a dangerous precedent for executive overreach.
Mr. Chirwa cited the Munir Zulu and Celestine Mukandila judgment, in which the court ruled that government must first withdraw Bill 7 before restarting the legislative process. He said the President’s decision to form a Technical Committee while Bill 7 remains before Parliament amounts to “a direct violation of that ruling” and could be interpreted as contempt of court.
“It is improper and illegal for the President to appoint a Technical Committee while Bill 7 is still active before the National Assembly,” Chirwa stated. “The Attorney-General should have guided the Head of State more prudently to avoid undermining judicial authority and the sanctity of the Constitution.”
He argued that the correct legal approach would be for government to withdraw the Bill, conduct nationwide consultations through a properly constituted and representative body, and only then reintroduce the Bill for parliamentary debate. Anything short of that, he said, “reduces constitutional reform to political convenience rather than due process.”
The lawyer further criticized the composition of the Technical Committee, describing it as “narrow, elitist, and politically tilted.” He questioned how a committee of such national importance could exclude the Law Association of Zambia (LAZ), the Council of Bishops, and representatives of the Judiciary, calling the setup “a total misdirection and a comedy of errors.”
According to Mr. Chirwa, the current composition reflects an attempt by the Executive to dominate the process instead of fostering genuine dialogue. “Constitutional reform must reflect the will of the people, not the comfort of those in power,” he said. “By excluding key stakeholders, the process loses legitimacy before it even begins.”
He revealed that he and other concerned citizens are preparing to challenge the legality of the committee in court, saying they will not relent until the government demonstrates full respect for the Constitution. “We will continue to seek redress in the courts until constitutional order is restored,” Chirwa affirmed.
Mr. Chirwa also reminded the public that the rule of law is one of Zambia’s fundamental national values as enshrined in Article 8 of the Constitution. “Once the rule of law collapses, everything else democracy, justice, and good governance falls apart,” he cautioned.
©️ KUMWESU | October 6, 2025