SIMUUWE BACKS 2025 AMENDMENT BILL, SAYS CONSTITUTION ALLOWS CHANGES UNDER ARTICLE 79
Lusaka, Zambia – May 29, 2025 – United Party for National Development (UPND) Media Director Mark Simuuwe has defended the proposed Constitutional Amendment Bill of 2025, emphasizing that the constitution provides for its own alteration under Article 79, except for the Bill of Rights, which requires a referendum.
Speaking during a special program on Diamond TV titled “Filing of Fresh Nominations on Resignation of a Candidate,” Mr. Simuuwe clarified that the current process is an amendment and not a complete constitution-making exercise.
“There is no law that has been broken, the power to amend the constitution lies with the legislature, while the executive has the responsibility to initiate a bill to be presented before Parliament,” he said.
Mr. Simuuwe also noted that the proposed amendments seek to codify case law—decisions that have emerged from court rulings—into the constitution.
“Article 7 identifies the sources of law in Zambia, including case law. That is what the amendments are seeking to address,” he added, stressing that nowhere in the bill is the UPND explicitly mentioned.
Constitutional lawyer Jonas Zimba acknowledged the need for amendments but raised concerns about the process.
“The issue is the manner in which it is being done, the electoral report, which should inform such amendments, has not been made public. Bill No. 7 of 2025 is centered on elections, and what the Justice Minister Princess Kasune announced is merely a program has it has no a legal framework,” Mr. Zimba claimed.
Echoing these sentiments, fellow constitutional lawyer Mehluli Malisa also emphasized the importance of public participation.
“The legitimacy of any constitution must come from the people. While no one disputes Parliament’s power to amend the law, constitution-making is a broader process that requires consultation,” Mr. Malisa said.
In a phone-in contribution to the same program, prominent lawyer Maqueen Zaza stated that no legal provisions have been violated.
“There is nothing unconstitutional about the amendment bill. The intention appears to be to prevent politically motivated cases from clogging the judicial system,” Mr. Zaza noted.
© UPND Media Team