Legal Expert Warns: 2025 Constitution Amendment Bill Could Pave Way for Life Presidency in Zambia
By Staff Reporter
A respected constitutional advocate has sounded the alarm over Zambia’s proposed 2025 Constitution Amendment Bill, warning that it could legally enable a sitting President to remain in power indefinitely, without the need to amend the two-term limit directly.
According to Rev. Dr. Kelvin Mugala, a legal scholar and advocate for constitutional integrity, the proposed amendments are crafted with enough legal ambiguity to quietly undermine Zambia’s long-standing democratic safeguards chief among them, the presidential term limit enshrined in Article 106.
One of the most troubling changes lies in the redefinition of a “term of office” under Article 266. The Bill now defines a term as the period from the first sitting of Parliament after a general election to the date when Parliament is dissolved—departing from the traditional five-year calendar-based definition.
Dr. Mugala warns that this change detaches the presidential term from clear timeframes, allowing future leaders to argue that a previous term was not a “full term,” and therefore shouldn’t count toward the two-term limit.
“This redefinition introduces legal room to reset the term clock,” said Dr. Mugala. “A sitting President could argue that they served only a partial term or that their earlier service was under a different legal structure, effectively allowing them to contest again.
He further explains that this tactic has been used in several other African nations to extend leadership beyond constitutional limits—often under the guise of legal technicalities rather than outright repeal of term limits.
More concerning is the absence of clear transitional clauses in the Bill. Dr. Mugala notes that the amendments fail to clarify how past terms should be treated under the new framework, leaving the interpretation to the courts, which may be influenced by political pressure.
“This omission is not accidental,” he cautioned. “Without protective clauses, the courts could be used to legitimize an unconstitutional extension of power. This is legal manipulation disguised as reform.”
The Bill also proposes expanding Parliament by 92 seats, including nominated and party-list members. Dr. Mugala fears this could be used to fill the legislature with loyalists, turning it into a rubber stamp for future constitutional changes that may completely remove term limits.
“A bloated and politically loyal Parliament is a dangerous tool in the hands of any leader seeking to entrench themselves,” he said. “It becomes easier to pass self-serving amendments under the illusion of democracy.”
Despite the Bill not stating “life presidency” in black and white, Dr. Mugala insists that the pieces are all strategically placed to allow such an outcome through legal interpretation and political manipulation.
He urges Zambians to look beyond the surface and recognize the long-term implications of these changes. “Democracy is not always overthrown by force,” he said. “Sometimes it is chipped away clause by clause, definition by definition until it collapses from within.”
Dr. Mugala has however called on civil society, legal bodies, and ordinary citizens to reject the proposed amendment in its current form and demand greater transparency, clear legal safeguards, and true respect for constitutional integrity.
May 27, 2025
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