ECZ CEO RESPONDS TO SHAKAFUSWA.
This is after he wrote an Open letter to President Hakainde Hichilema concerning delimitation of constituencies and wards and the proposed constitution amendments.
Ephraim Shakafuswa wrote…
Dear Mr. President,
I write to you with the utmost respect and urgency, as the nation is increasingly concerned about recent discussions surrounding the delimitation of constituencies and wards, as well as the proposed constitutional amendments. There are growing fears that these discussions might be driven by ulterior motives that could undermine Zambia’s democratic integrity. It is essential, for the good of our nation, that you provide immediate clarity on your position and intentions.
Upon a detailed review of the Zambian Constitution, it is abundantly clear that the legal framework already provides a robust path for the delimitation of constituencies and the representation of women, youth, and persons with disabilities. The questions now on the minds of many Zambians are:
Why is there a push for constitutional amendments on issues already well-covered by the Constitution?
What are the true intentions behind this push, and what will be the consequences if these changes are made at this juncture, just before elections?
As per Article 58(5) and Article 58(6) of the Zambian Constitution, the Electoral Commission already has a clear mandate to review and adjust constituencies and wards at regular intervals (no more than ten years). This process does not require any constitutional amendments. To reiterate:
Article 58(5):
“The Electoral Commission shall, at intervals of not more than ten years, review the names and boundaries of constituencies and wards.”
This makes it a mandatory duty for the Electoral Commission to conduct the review every ten years.
Article 58(6):
“The names and details of the boundaries of constituencies and wards shall be published in the Gazette and shall come into effect on the next dissolution of Parliament or councils.”
This provision ensures that the revised boundaries must be published and will only take effect after the dissolution of Parliament.
Therefore, the delimitation process is already clearly outlined within the Constitution, and there is no need for constitutional amendments to proceed with this exercise.
Representation of Women, Youth, and Persons with Disabilities
Mr. President, it is equally important to point out that women, youth, and persons with disabilities already have clearly defined representation in the Constitution through provisions such as:
Article 34: Guarantees equality before the law, ensuring that all citizens, regardless of gender or disability, enjoy equal protection and benefit.
Article 45: Ensures gender equality and supports the political participation of women, including special measures where necessary.
Article 60: Provides for the representation of marginalized groups (youth, persons with disabilities) in Parliament.
These provisions ensure that representation for these key groups is already enshrined in the Constitution. Amending the Constitution in this regard would not only be unnecessary but could also set a dangerous precedent.
Concerns About Electoral Manipulation
Mr. President, let me be absolutely clear: there is a palpable fear among the Zambian people. The push for constitutional amendments just before an election—especially amendments that touch on issues like delimitation or the increase of constituencies—raises red flags. It is highly undesirable to amend the Constitution on the eve of elections, particularly if the process is contentious and touches on clauses that directly impact the next general elections.
Historically, delimitation and the subsequent increase of constituencies have been a source of electoral manipulation. It is widely recognized that boundary adjustments and the creation of new constituencies have often been used to alter electoral outcomes by favoring one political group over another. If such changes occur at this stage, they will inevitably open the door to manipulation and undermine the credibility of the upcoming elections.
Key Questions That Demand Answers
So, I ask you directly:
1. Why is the government pushing for constitutional amendments regarding delimitation and representation when these matters are already addressed in the Constitution?
2. What exactly are the proposed changes, and how will they impact the integrity of the next general elections?
3. Are these changes intended to benefit any particular group or political party?
4. What assurances can you give the Zambian people that this process will be free from manipulation and will not undermine the fairness of the election process?
5. Given that delimitation can be a source of electoral controversy, do you not acknowledge that making such changes just before elections is dangerous and could be perceived as politically motivated?
Lack of Clarity and Public Suspicion
Mr. President, it is important to acknowledge the greatest fear that the nation currently has: the idea of amending the Constitution just before elections, particularly if the process is contentious and directly affects the next general elections, is highly undesirable. The public fears that such changes could be used to manipulate the political landscape and undermine the fairness of the upcoming elections.
This concern is particularly relevant to the delimitation or increase of constituencies, which has historically been a source of electoral controversy. If constituencies are increased or boundaries adjusted right before elections, it creates a situation ripe for electoral manipulation, where the power to draw boundaries can have an outsized impact on the election’s outcome. This kind of manipulation undermines the democratic process and casts doubt on the legitimacy of the election results.
There have been conflicting reports circulating, with some claiming that the constitutional amendments being proposed do not relate to the 50%+1 or the running mate clause. If this is true, then the questions are:
What, exactly, is being proposed to be changed in the Constitution?
What are the specifics of the amendments, and why are they necessary at this time?
What is the true motive behind these proposed changes, especially if they do not relate to the well-known issues of the running mate or 50%+1?
The lack of clarity regarding these proposed changes leaves room for suspicion and concern among the public. We cannot afford a situation where any amendments appear to benefit one group over another or where the delimitation process is seen as an attempt to manipulate electoral outcomes. The Zambian people have a right to fair representation and elections free from manipulation.
A Call for Transparency
Therefore, I call on you to answer the following:
1. What is the true motivation behind this push for constitutional changes, especially with regard to delimitation?
2. Can you provide a clear, transparent explanation for why these amendments are necessary, or can we proceed under the current Constitution?
3. Do you acknowledge that attempting to amend the Constitution in such a manner before an election is highly problematic and could be seen as undermining the very principles of democracy?
Mr. President, you stood before the women and youths and made pronouncements that have since been interpreted, explained, denied, or accepted in different ways by those around you. The nation demands transparency, honesty, and a commitment to fairness. The constitutional provisions on delimitation, representation, and equality are clear and sufficient. Amending the Constitution for the sake of expediency, especially when the current provisions have served the country well, could be interpreted as an attempt to manipulate electoral boundaries for political gain.
We cannot afford any action that could undermine the integrity of the electoral process and the fairness of our democratic system. Therefore, we request that you stand before this nation once again and answer these questions in a transparent and open manner, clearly articulating the necessity and intended outcomes of any proposed constitutional amendments.
Mr. President, the Zambian people deserve clarity, transparency, and honesty. There is no justification for pushing for constitutional amendments regarding delimitation and representation when these issues are already clearly addressed in the Constitution. The fear of electoral manipulation is real and cannot be ignored. Any attempt to amend the Constitution on the eve of elections, especially on matters as sensitive as delimitation, will only serve to undermine public trust in the electoral process.
The time has come for you to be transparent and provide the Zambian people with clear answers. The integrity of the democratic process and the fairness of the upcoming elections must be your foremost concern.
We await your explanation.
Ephraim Shakafuswa
Member – Tonse Alliance Council of Leaders / Mindset Change Activist