*McDonald Chpenzi writes*
*CIVIC EDUCATION CORNER*
*Is it true that Delimitation of Constituencies & Wards was agreed in 2016?*
The answer to this question is found in Article 58(1) and (5) of the Constitution of Zambia (Amendment) No. 2 of 2016.
The cited article seems to suggest that Zambians live in agreement since 2016, to be amending the Constitution of Zambia, atleast within the interval of not more than 10 years i.e. 10 years being the upper cap.
Sub article (1) guides that *Zambia shall be divided into constituencies and wardsfor purposes of elections to the National Assembly and councils,respectively*
Sub article (5) mandates the Electoral Commission that it *shall, at intervals of not morethan ten years*, review the names and boundaries of constituenciesand wards
This Sub Article makes it mandatory that constituencies and wards be delimited within 10 years from the previous Delimitation.
Since the number of seats in the National Assembly are enshrined in the constitution under Art 68, it goes without saying that, by operation of the constitution, the constitution amends itself in every 10 years or less to accommodate Delimitation of constituencies and wards otherwise, not amending the constitution every 10 years to accommodate Delimitation will be violating the same constitution.
The framers of the 2016 Constitution had in mind that the Constitution will be amended every 10 years, atleast, to accommodate Delimitation of constituencies.
This may not mean all the 156 Constituencies will be demilited, no but some kind of demilitation of Constituencies and Wards must take place at the interval of not more than 10 years.
For the sake of history, the most comprehensive delimitation was in 1991 when the Constituencies increased from 125 to 150 and recent Delimitation was in 2016 when late President created 6 more districts which later became Constituencies.
Parliament, through a constitutional amendment, approved the increase of the number of Constituencies based seats in the National Assembly to 156 from 150.
This means that the next demilitation of Constituencies is due, without fail, next year, 2026 or else the Constitution will be violated.
*So, because of this Constitutional provision and requirement, Zambians live in agreement that the Constitution stands amended every after 10 years for the purpose of delimitation unless the article in issue is amended to avoid amendment every 10 years*
Below is the extract of Article 58 of the constitution of Zambia (Amendment) Act No. 2 of 2016.
58. (1) Zambia shall be divided into constituencies and wardsfor purposes of elections to the National Assembly and councils, respectively.
(2) The number of constituencies shall be equal to the number
of seats of elected members in the National Assembly.
(3) The number of wards in a district shall be prescribed.
(4) The Electoral Commission shall determine the names andboundaries of constituencies and wards.
*(5) The Electoral Commission shall, at intervals of not more
than ten years, review the names and boundaries of constituenciesand wards.*
(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.
(7) A person may apply to the Constitutional Court for reviewof a decision of the Electoral Commission made under this Article.
In view of the foregoing, the country and stakeholders, by virtue of enshrining the number of seats in the National Assembly in the Constitution in 2016, *agreed to be amending the Constitution of Zambia, in an interval of not more than 10 years*
I submit