Delimitation and Constitutional Amendment in Zambia: A Necessary Reform or a Political Tool?
By Kryticous Patrick Nshindano
Zambia is currently engaged in a national debate following the Republican President’s announcement of the government’s intention to amend the Republican Constitution. Among the key reasons cited for this proposed amendment is the need to undertake an electoral boundary delimitation process. At this point it remains unknown whether the government will implement recommendations from the 2019 delimitation exercise, or a new delimitation process will be conducted? This distinction is crucial, as each approach carries different implications, which will be explored in detail later.
Delimitation, the process of drawing electoral boundaries, plays a fundamental role in shaping the electorate within designated voting units. The establishment of geographical voting units such as constituencies and wards has a direct impact on electoral outcomes, influencing representation and the distribution of political power. However, delimitation is often one of the least transparent aspects of the electoral process due to its technical complexity and the political interests at stake. If not conducted with fairness and transparency, it can be manipulated to serve partisan agendas, undermining electoral integrity.
As the debate unfolds, it is essential to critically assess how the proposed constitutional amendment will address delimitation, ensuring that any changes promote democratic principles rather than political expediency.
Why is Delimiting of Electoral Boundaries Important?
The design of electoral boundaries is fundamentally influenced by a country’s electoral system. Zambia employs two distinct electoral systems: the Majoritarian system and the First-Past-the-Post (FPTP) system. The Majoritarian system is exclusively applied to presidential elections, whereas the FPTP system governs all other elections, including those for Members of Parliament, Mayors/Council Chairpersons, and Councilors. Under the Majoritarian system, a presidential candidate must secure more than fifty percent of the valid votes cast specifically, 50% plus one vote to be declared the winner. If no candidate achieves this threshold in the initial ballot, a second round of voting is conducted within thirty seven days. Only the two candidates who received the highest and second highest number of valid votes in the first round are eligible to contest the second ballot. On the other hand, with the FPTP system, the candidate with the highest number of votes in a given electoral area wins, regardless of whether they attain an absolute majority.
In terms of representation, electoral boundaries play a critical role in facilitating voting and ensuring fair representation. As stipulated in Article 229 of the Constitution of Zambia, Chapter 1 of the Laws of Zambia, the Electoral Commission of Zambia is legally mandated to oversee the delimitation of electoral boundaries. Delimitation refers to the process of defining or drawing the boundaries of constituencies, wards, and polling districts. Members of Parliament are elected from constituencies, while Councilors are elected from wards. Mayors or Council Chairpersons represent entire districts. Zambia is administratively divided into 116 districts, 156 constituencies, and 1,858 wards, each of which is established through the delimitation process to ensure equitable political representation
What is the Legal Framework for the Delimitation of Constituencies, Wards, and Polling Districts in Zambia
The process of delimiting constituencies and wards is guided by Article 58 of the Constitution, which mandates that the Electoral Commission of Zambia conduct delimitation exercises within intervals of not more than 10 years. The delimitation of constituencies, in particular, is subject to the Constitutional Amendment Process and requires the introduction of a Constitutional Amendment Bill. This is the basis for the government’s argument regarding the need for constitutional amendments to facilitate the delimitation process.
Currently, Article 68(2) of the Constitution specifies that the number of constituencies shall be 156, a figure that is constitutionally entrenched. Should the outcome of a delimitation exercise suggest an increase in the number of constituencies, this would necessitate an amendment to Article 68(2) through the constitutional amendment process. Once this amendment is passed, the new constituency boundaries would be implemented upon the dissolution of the next Parliament.
The delimitation of wards on the other hand is governed through a Statutory Instrument issued by the Minister of Local Government. The creation of polling districts and the establishment of polling stations fall under the purview of the Chief Electoral Officer, who issues a Gazette Notice to formally announce their creation
Further, the law provides specific guidelines to ensure that the delimitation exercise is fair, representative, and practical. Article 59 outlines several critical factors that must be considered during the delimitation process:
1. Historical and Cultural Cohesion: The Commission must take into account the history, diversity, and cohesiveness of constituencies or wards, ensuring that communities with shared identities and interests remain intact to facilitate effective representation.
2. Population Density and Trends: The Commission must also consider population density, trends, and projections, ensuring that the boundaries reflect both current demographic realities and future population growth patterns.
3. Geographical and Communication Factors: The number of inhabitants in each constituency or ward should be reasonable, with consideration given to means of communication and geographical features, ensuring accessibility and effective representation.
4. District Integrity: Constituencies and wards must be wholly contained within districts, preventing jurisdictional overlaps and maintaining administrative coherence.
5. Equality of Representation: The Commission must strive to achieve approximate equality of population across constituencies and wards, ensuring that urban and sparsely populated areas are adequately represented.
These guidelines are essential for creating electoral boundaries that uphold the principles of fairness, equity, and democratic integrity, ensuring that every citizen’s voice is represented in the political process.
What is the History of Zambia’s Delimitation Process?
The delimitation process in Zambia has evolved in response to the country’s changing political and demographic dynamics. At independence in 1964, the Zambian Constitution established 75 constituencies. This number was increased to 125 in 1973 following a constitutional amendment. In 1991, as part of broader democratic reforms, another amendment raised the number of constituencies to 150.
In 2001, the Electoral Commission of Zambia conducted a delimitation exercise following a national census. However, this review did not alter the number of constituencies, which remained at 150. A decade later, in 2011, the ECZ recommended increasing constituencies from 150 to 235. This recommendation was not implemented, as the National Constitutional Conference Bill of 2010, which sought to enact the change, failed to pass its second reading in Parliament. By 2016, six additional constituencies were created, bringing the total to 156. This adjustment aligned constituencies with newly established districts, ensuring each constituency was entirely contained within a single district.
In 2019, the ECZ undertook a comprehensive delimitation exercise for constituencies, wards, and polling districts, fulfilling its constitutional mandate to review electoral boundaries every ten years. Conducted between October and December 2019, the exercise resulted in new boundaries, increasing the number of wards from 1,624 to 1,853 and polling districts from 7,700 to 8,999, with 12,152 polling stations established. However, the number of constituencies remained at 156, as any increase would require a constitutional amendment.
In a ministerial statement to Parliament on 23rd February 2021, the Minister of Justice disclosed that the ECZ had recommended creating 90 additional constituencies. Following the submission of the delimitation report to President Edgar Chagwa Lungu in 2020, the next step, under Article 68(2) of the Constitution, was to introduce a bill to amend this provision. However, the Government had already tabled the Constitution of Zambia (Amendment) Bill No. 10 of 2019, which proposed transitioning from a first-past-the-post system to a mixed-member electoral system. This system would include both elected and proportional representation seats in the National Assembly, with the number of proportional seats to be determined by Parliament.
The Bill also sought to amend Article 68(2) to allow the number of elected seats to be prescribed by an Act of Parliament, eliminating the need for constitutional amendments after each delimitation exercise. Consequently, the Government could not present a separate bill to implement the ECZ’s recommendation for additional constituencies. This situation underscored the challenges of aligning delimitation outcomes with constitutional and legislative processes.
Back to the question: Does Zambia need to Amend the constitution and Delimit Constituencies?
When effectively implemented, delimitation plays a vital role in strengthening democratic governance. By redefining electoral boundaries in a fair and transparent manner, it enhances the accessibility of electoral services, fosters greater political participation, and ensures equitable representation. This process allows constituencies and wards to reflect population shifts and growth, enabling elected representatives to better advocate for their constituents’ needs. Ultimately, a well executed delimitation process promotes responsive governance, improves service delivery, and upholds the principles of electoral fairness, political stability, inclusivity, and democratic legitimacy.
However, the proposed delimitation exercise raises several critical questions. As noted earlier, delimiting constituencies would require a constitutional amendment. What is the roadmap and timeline for this amendment, especially with only approximately 16 months remaining before the August 2026 general elections? What will the constitutional amendment bill entail? Will it include the creation of 90 additional constituencies, as recommended by the Electoral Commission of Zambia (ECZ) in 2019? If so, are these recommendations still valid nearly six years later? Have the factors prescribed by law such as population density, communication and geographical features, history, diversity, and constituency cohesiveness remained consistent? If not, will the ECZ conduct a fresh delimitation exercise? If a new exercise is undertaken, will it comply with the constitutional requirement that delimitation be conducted at intervals of not more than 10 years?
Furthermore, does the presentation of the Constitution of Zambia (Amendment) Bill No. 10 of 2019, which took cognisance of the delimitation report and sought to move related provisions to subsidiary legislation, represent a completed but failed process? Would introducing another constitutional amendment bill for delimitation within the same constitutionally prescribed 10 year period conflict with the existing constitution? What are the implications of adding 90 constituencies on the electoral process? For instance, the ECZ has already concluded the procurement of ballots for the 2026 general elections, how will this be impacted? How and when will voter transfers be managed on the voters’ roll? Will additional funds be allocated to the ECZ to cover additional administrative costs, including staff, ballot boxes, electoral materials, and voter education? Is the ECZ already aware of these potential changes and preparing accordingly?
its also a known fact that Zambia is currently facing significant economic challenges. Given the country’s current fiscal constraints, ongoing debt restructuring program, and efforts to secure debt cancellation, is it prudent to increase the number of Members of Parliament? What is the projected cost of such a measure to the treasury? These are just some of the key questions that must be addressed to fully understand the intent, feasibility, and potential benefits of the proposed constitutional amendment premised on delimitation. Without clear answers, the process risks undermining public trust and exacerbating existing challenges.
What’s the Risk of Gerrymandering?
As previously highlighted, it has been nearly six years since the last delimitation exercise, and with only 16 months remaining until the next general elections, the risk of gerrymandering looms large. Gerrymandering, the manipulation of electoral boundaries to favor a particular political party or group poses a significant threat to the integrity of any delimitation process. In Zambia, where the FPTP electoral system amplifies the impact of boundary changes, the stakes are particularly high. If delimitation is not conducted with transparency and impartiality, it can distort electoral outcomes, disenfranchise voters, and erode public trust in the democratic process.
One of the most immediate consequences of gerrymandering is disproportionate representation. This occurs when a political party secures a majority of seats in Parliament despite receiving fewer overall votes. Such an imbalance can result in laws and policies that favor the interests of the ruling party rather than the majority of voters. This undermines the principle of proportional representation and violates the foundational democratic ideal of one person, one vote.
Secondly, gerrymandering reduces electoral competition by creating “safe” districts where one party dominates. This discourages competitive elections, leading to voter apathy and diminished political engagement. In Zambia, certain regions have historically been strongholds for specific political parties. If electoral boundaries are drawn to reinforce these strongholds, opposition parties face significant barriers to competing effectively. This can result in candidates running unopposed or predictable election outcomes, further discouraging voter participation and reducing political diversity in Parliament.
Thirdly, gerrymandering can marginalize minority groups, suppressing the political influence of ethnic, or political minorities. In Zambia, the delimitation process has occasionally been criticized for failing to accurately reflect the demographic composition of certain regions. For instance, ethnic minorities such as the Lunda and Luvale people in North-Western Province have raised concerns that constituency boundaries often dilute their political representation by merging them into larger districts dominated by other ethnic groups. In this regard, ethnic and political minorities may struggle to have their voices heard in decision making processes but it also fosters regional tensions and perceptions of political exclusion.
Lastly, and most critically, gerrymandering undermines the legitimacy of democratic institutions and erodes public trust. Accusations of political interference in delimitation exercises can lead to widespread skepticism about the neutrality of the Electoral Management Body and the fairness of the electoral process. When citizens believe that elections are being rigged through boundary manipulation, their faith in democracy diminishes. This can result in increased political tensions, protests, and, in extreme cases, electoral violence and instability.
In summary, gerrymandering poses a multifaceted threat to Zambia’s democratic process. It distorts representation, stifles competition, marginalizes minority voices, and weakens public trust in institutions. To safeguard the integrity of elections and uphold democratic principles, it is imperative that delimitation exercises are conducted transparently, impartially, and in strict adherence to legal and constitutional frameworks. Failure to do so risks undermining the very foundations of Zambia’s democracy.
Conclusion
As I conclude, imagine you’re a voter in a rural community in Zambia. The nearest polling station is miles away, and the boundaries of your constituency seem to stretch endlessly, lumping together communities with vastly different needs and priorities. This is where delimitation steps in, it’s not just about drawing lines on a map, it’s about ensuring that every voice is heard and that representation is fair and meaningful.
For me, delimitation is a cornerstone of democracy. It ensures that each vote carries equal weight and that no community is left behind. When boundaries are drawn thoughtfully, they reflect the unique identities and needs of the people within them. For instance, a well-defined ward ensures that your local Councilor understands the specific challenges your community faces, from access to clean water to the need for better schools. Similarly, a properly delimited constituency means your Member of Parliament can effectively advocate for your area’s interests in the national assembly.
However, delimitation is not without its challenges as highlighted above. It requires a delicate balance between population size, geographic considerations, and community cohesion. Too often, the process can become politicized, with boundaries drawn to favor certain parties or groups. This undermines the very purpose of delimitation and erodes trust in the electoral system. In my view, delimitation is more than just a technical exercise it’s a reflection of our commitment to democracy and inclusivity. It’s about making sure that every Zambian, whether in a bustling urban center or a remote rural village, has an equal opportunity to participate in shaping the future of our nation. When done right, delimitation strengthens our democracy and brings us closer to the ideal of true representation. So, the next time you hear about electoral boundaries being redrawn, or let us amend the constitution because we need to delimit, remember, it’s not just about lines on a map. It’s about people, communities, and the promise of a fair and inclusive democracy. And that’s something worth fighting for.
Bearing that in mind, the question before Zambians is whether amending the constitution for delimitation is appropriate just 16 months before the general elections. Delimitation as highlighted is a complex and time-sensitive process that requires thorough planning, public consultation, and meticulous execution to ensure fairness and credibility. With the general elections looming, rushing this process could lead to unintended consequences, such as disenfranchisement, legal challenges, or a loss of public trust in the electoral system. Therefore, it is imperative to prioritize stability and allow the current framework to remain in place until a more suitable time presents itself for comprehensive constitutional review and implementation.