MPs WILL BE SWORN IN TWICE UNDER THE AMENDED CONSTITUTION
Today ,the swearing-in of members of Parliament (MP’s) elect in alphabetical order commenced. It is noteworthy to mention that this wont be the last swearing-in ceremony that will require oath of allegiance.The Constitution of Zambia (Amendment) Act No. 13 of 2025 ,(BILL7) ,introduced an important change to the composition of local councils by providing for Members of Parliament to sit on district councils.
The amended Article 153(2)(b) provides that:
“A council shall consist of a Member of Parliament from each constituency within the district.”
This provision is significant because Members of Parliament will now have a constitutional role not only in the National Assembly, but also in the councils within their respective districts.Consequently, Members of Parliament will, in practical constitutional terms, be required to take the oath of office as Members of Parliament and subsequently be sworn in as members of the respective councils.
This does not mean that an MP becomes an elected councillor. The MP’s membership of the council arises by virtue of being a Member of Parliament representing a constituency within that district, as expressly provided under Article 153(2)(b).
The distinction is therefore important:
First, the MP is sworn in as a Member of Parliament, enabling them to exercise their constitutional functions in the National Assembly.
Second, by virtue of the new constitutional arrangement, the MP assumes membership of the district council and must be appropriately sworn in to participate in the proceedings and functions of that council.
The reform therefore creates an important bridge between national representation and local governance. It places constituency Members of Parliament directly within the institutional framework of local government and gives them a formal constitutional presence at council level.
The question of how this second swearing-in will be conducted, including the form of the oath and the procedure to be followed, will naturally have to be addressed in accordance with the Constitution and the applicable legislation governing councils.
What is beyond dispute, however, is that Article 153(2)(b) now expressly makes a Member of Parliament from each constituency within a district a member of the council.
This is a significant constitutional development and one that MPs, councils and the public will need to understand clearly as the new constitutional framework takes effect. Oversight functions of the MP have effectively been decentralised to district level.
THE AUTHOR IS NALOLO MEMBER OF PARLIAMENT AND CHAIRED THE SELECT COMMITTEE ON THE CONSTITUTIONAL AMENDMENT BILL No 7.
By Hon. Imanga Wamumyima