STATEMENT ON THE CONSTITUTIONAL IMPLICATIONS OF ARTICLE 52 AND THE PRESIDENTIAL TERM
By Rev. Dr. Kelvin Mugala – Advocate for Good Governance and Concerned Citizen
I have taken note of the recent remarks made by Dr. Nevers Mumba regarding Article 52 of the Zambian Constitution and the potential for this clause to be used to manipulate the electoral process by creating conditions that could delay elections and, by implication, extend the term of the sitting president.
While I acknowledge Dr. Mumba’s concerns and his intention to safeguard our democracy, it is essential to clarify that under the current Constitution of Zambia (Amendment Act No. 2 of 2016), such a scenario is not legally permissible.
Article 105(2) of the Constitution explicitly provides that following the dissolution of Parliament, a general election must be held within 90 days. During this interim period, the President only serves in a caretaker capacity until a duly elected successor is sworn in. No political party’s withdrawal, nor any nomination-related development under Article 52, can override this constitutional directive.
The right of a candidate to withdraw from an election after nomination is not a loophole for circumventing democratic processes. If all but one candidate withdraws, the Electoral Commission of Zambia (ECZ) is empowered to declare the remaining candidate elected unopposed, as long as all procedural and legal conditions are fulfilled.
It is, therefore, constitutionally impossible for a sitting President to extend their stay in office through the withdrawal of opponents or a party boycott. To suggest otherwise risks misleading the public and undermining confidence in our democratic institutions.
However, I strongly caution against rushing any constitutional amendments. The Constitution is the foundational legal document of our Republic, and any amendment to it must be approached with wide consultation, sober reflection, and genuine national consensus. Amending the Constitution in haste risks weakening the democratic safeguards that protect all Zambians—present and future.
Nonetheless, I support open and proactive constitutional debate, especially when such discourse aims to strengthen the clarity, transparency, and resilience of our governance structures. If reforms are to be proposed, let them be based on sound legal analysis and the collective national interest—not fear or hypothetical manipulations.
Zambia remains a constitutional democracy. The people are the custodians of power, and the Constitution is the supreme law of the land. It must be respected and defended without compromise.
May God bless Zambia and protect our democracy.