Delimitation and Constitutional Amendment: A Legal Imperative Under Zambia’s 2016 Constitution

Delimitation and Constitutional Amendment: A Legal Imperative Under Zambia’s 2016 Constitution

By Sunday Chanda

1. Introduction:

The Constitutional Obligation of Delimitation

The principle of delimitation of constituencies and wards in Zambia is not merely a policy decision but a constitutional requirement enshrined in Article 58 of the Constitution of Zambia (Amendment) Act No. 2 of 2016. This provision mandates the Electoral Commission of Zambia (ECZ) to review the boundaries of constituencies and wards at intervals of not more than ten years, making delimitation an obligatory legal process rather than a discretionary administrative action. Furthermore, since Article 68 of the Constitution prescribes the number of constituencies in the National Assembly, any significant alteration resulting from delimitation would necessitate a corresponding constitutional amendment. Consequently, the legal framework governing Zambia’s electoral boundaries is designed in a manner that inherently requires constitutional amendments at least once every ten years to accommodate changes arising from delimitation. Failure to undertake this process by 2026 would constitute a violation of the Constitution.

2. The Legal Framework for Delimitation

a) Constitutional Mandate for Delimitation

• Article 58(1) mandates that Zambia shall be divided into constituencies and wards for purposes of elections to the National Assembly and councils.

• Article 58(5) further requires that the ECZ shall review the names and boundaries of constituencies and wards at intervals of not more than ten years.

The use of the word “shall” makes this a mandatory constitutional directive. Thus, the review of constituencies and wards must take place by 2026.

b) The Link Between Delimitation and Constitutional Amendment

• Article 68 of the Constitution establishes the number of seats in the National Assembly.

• If delimitation results in a change in the number of constituencies, Article 68 must be amended to reflect the new structure.

• This creates an inherent legal requirement for constitutional amendments at least every ten years.

Thus, Zambia’s Constitution, by its own design, necessitates periodic amendments to accommodate delimitation.

3. Historical Precedents of Delimitation

A review of Zambia’s electoral history shows that delimitation exercises have led to constituency increases over time:

• 1991: The most extensive delimitation exercise, which increased the number of constituencies from 125 to 150.

• 2016: Delimitation resulted in an increase from 150 to 156, following the creation of six new districts that were later designated as constituencies.

Given this historical pattern, the next delimitation is due in 2026, and Parliament must act accordingly to ensure compliance with the Constitution.

4. The Legal Consequences of Failing to Conduct Delimitation in 2026

Failure to conduct delimitation within the constitutionally prescribed timeframe would lead to:

1. Violation of Article 58(5):

Since delimitation is a constitutional duty, failing to implement it within ten years would amount to a breach of the Constitution.

2. Unconstitutional Conduct by the ECZ:

The ECZ, as a constitutional body, would be acting ultra vires if it does not review constituency boundaries by 2026.

3. Legal Incoherence and Electoral Irregularities:

Population dynamics and administrative changes necessitate periodic boundary adjustments to ensure fair and effective representation. Without delimitation, the electoral system would become outdated and legally inconsistent.

4. Potential Constitutional Court Litigation:

As per Article 58(7), any person may apply to the Constitutional Court to review a decision by the ECZ under this article. If delimitation is not conducted, citizens or stakeholders could seek judicial intervention to compel compliance.

5. Conclusion:

A Constitutional Obligation, Not a Choice

The 2016 Constitution effectively binds Zambia to periodic constitutional amendments in response to delimitation. The framers of the Constitution deliberately included a mandatory review cycle of ten years, ensuring that the country’s electoral framework remains responsive to demographic and administrative changes.

Thus, the next delimitation must be completed by 2026, and Parliament must amend the Constitution accordingly to reflect any changes in the number of constituencies. Failure to do so would amount to a direct violation of Zambia’s supreme law.

_[The Author is Member of Parliament for Kanchibiya Constituency]._