GOVERNMENT MUST COMPLY WITH THE CONSTITUTIONAL COURT ORDERS REGARDING BILL 7- LAZ

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GOVERNMENT MUST COMPLY WITH THE CONSTITUTIONAL COURT ORDERS REGARDING BILL 7- LAZ

LAZ writes…

GOVERNMENT MUST COMPLY WITH THE CONSTITUTIONAL COURT ORDERS REGARDING BILL 7



The Law Association of Zambia (LAZ) is deeply alarmed by the decision of the Government, through the Minister of Justice, to request the Speaker of the National Assembly to reintroduce the Constitution Amendment Bill No. 7 of 2025 for consideration; and equally concerned by the Speaker’s decision to accept this request and appoint a Select Committee to scrutinize the Bill, despite a clear Constitutional Court ruling that the process leading to the presentation of Bill No. 7 was unconstitutional, rendering the Bill a nullity until a proper, people-driven process is undertaken.



While disagreement with judicial decisions may occur, the rule of law demands full compliance with them. Disregarding the Constitutional Court’s directives poses grave risks to our constitutional democracy. When leaders tasked with upholding the Constitution ignore it, citizens are left with limited lawful avenues for redress, thereby eroding public trust and inviting instability. Government must lead by example, by respecting and abiding by court decisions.



The Constitutional Court in the case of Celestine Mukandila and Munir Zulu vs Attorney General declared that the decision by Government to initiate a constitution amendment process culminating into Bill 7 before undertaking wide consultations with the People goes against the spirit of Articles 1, 2, 5, 7, 8, 9, 61, 90, 91 and 92 of the Constitution (as amended by Act No. 2 of 2016).



The Court further ordered and directed Government to comply with the spirit of the Constitution by ensuring a people-driven process led by an independent body of experts in conducting wide consultations with the people. It was the Court’s considered position that the initiation of the Constitution amendment process must come from the people and there should be a tangible and visible process of broad-based consultations to support legitimate amendments to the Constitution.



Going against the declaration of the Court is a breach of the law, hence an illegality under Article 1 (1) of the Constitution of Zambia, which specifically provides that any act or omission which contravenes the Constitution is illegal.



LAZ, therefore, calls on the Government and the National Assembly to listen to the voice of the Church, traditional authorities, civil society among other stakeholders and immediately withdraw and abandon any further deliberations of Bill No. 7. All constitutional reforms must be based on genuine, broad-based stakeholder engagement and consensus on both the substance and process to assure the legitimacy of its outcome.



This press release, on a matter of national interest, in promotion of Constitutionalism and legal reforms, has been issued in furtherance of LAZ’s mandate under Section 4 of the Law Association of Zambia Act No. 31 of the Laws of Zambia.

Dated this 4th December, 2025.

LUNGISANI ZULU
PRESIDENT

4 COMMENTS

  1. Wider consultation was done.
    The Con Court did not specify or quantify how wide the public consultation should be, but all provinces were visited.

    The Con Court also didn’t specify for how long the period of public consultation should last.

    Nichani ?? Nichani ??

    Mufuna kupandura door ???

  2. It is important to remember that the Parliament had deferred Bill 7 and the President had called for wider consultations BEFORE the ConCourt had delivered its JUDGMENT. The President later constituted a Technical Committee. Parliament operates autonomously and the deferement did not exceed 6 months and resumed hearing Bill 7 from where it left.

  3. The Destiny of Unhinged Imingalato is to be caught in the Mingalatoon’s own web.
    Praise Zealots now scratching their heads as the noose of the law is rapidly tightening around the Man.
    You call for wider Consultations , then you throw the report away, and resurrect the same unconstitutional and Illegitimate Bill!
    Lelo muchibe.
    The Mingalatoon started in a small way with his breaches,
    then the breaches started growing, and now have become massive and sucking every institution.
    This man is a Strong Contender for Impeachment…And as he continues with his illegitimate and unconstitutional Bill 7, he gets deeper in the mud.
    Let’s watch him…The Destiny of Unhinged Imingalato.

  4. Law is the only (strange) profession where 1 + 1 is not always equal to 2. It could also be equal to 5 depending on how convincingly you argue!

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