PRESS RELEASE
For Immediate Release
Monday, 16 September, 2024
STATEMENT ON THE LACUNAE IN THE ZAMBIAN CONSTITUTION WITH RESPECT TO HOLDING GENERAL ELECTIONS
The Center for Constitutionalism and Legal Justice(CCONLEJ), wishes to make its
comment on the remarks made by the Republican President, H.E. Mr. Hakainde Hichilema, during his State of the Nation Address(SONA) at the National Assembly on Friday 13th September, 2024.
In his address, the Republican President stated that “there are lacunae in the Zambian
Constitution which could lead to a situation where we don’t have elections for a period of
8-9 years.”
The Center wishes to state that, while there might be lacunae in Constitution of Zambia (Amendment) Act No. 2 of 2016, bearing in mind that the constitution currently in effect, is not a perfect document, the provision(s) on when to hold the general elections are explicitly clear and sufficient.
Article 56(1) of the Constitution of Zambia emphatically provides that; “A general election shall be held, every five years after the last general election, on the second Thursday of August.” It is premised on the aforementioned provision(Article 56(1), that Zambia has successfully held two general elections, in 2016 and 2021 respectively.
This is testament that despite having some lacunae in the Constitution of Zambia, the country through the Electoral Commission of Zambia (ECZ) has managed to hold successful elections thus far.
On the other hand, the center wishes to acknowledge that there are some provisions in the Constitution of Zambia which have been a source of debate and concern. It such provisions that must be revisited and ultimately amended.
For instance Article 52(6) of the Constitution states that;
“Where a candidate dies, resigns or becomes disqualified in accordance with Article 70, 100 or 153 or a court disqualifies a candidate for corruption or malpractice, after the close of nominations and before the election date, the Electoral Commission shall cancel the election and require the filing of fresh nominations by eligible candidates and elections shall be held within thirty days of the filing of the fresh nominations.”
As the Center for Constitutionalism and Legal Justice, we call upon the Government to clearly state to the Nation, the specific lacunae that may affect the holding of elections in Zambia as stated by the President in his address. This is critical in that, it will enable the
citizens and various stakeholders to have a clear picture of the lacunae in question, to prevent speculations and uncertainty as is the case right now.
In view of the above, the Center wishes to call upon the Government to consider undertaking constitutional reforms through a people driven process, to ensure that any lacunae in the Constitution of Zambia in relation to the holding of general elections are adequately dealt with, as soon as possible, so that the 2026 general elections to be held smoothly and effectively, without any unnecessary political chaos and drama.
As you may recall, the United Party For National Development (UPND) promised the Zambian people prior to the 2021 General Elections of undertaking constitutional reforms when they form Government. Now that they are in Government, it is necessary that they fulfill this promise.
The Center for Constitutionalism and Legal Justice proposes that these constitutional
reforms should be done between the next six(6) to twelve (12) months before the 2026
General Elections.
Lastly, the Center wishes to remind and urge the Zambian Citizens, Civil Society
Organizations, Political Parties, and all the stakeholders, that it’s the duty and right of every
citizen as stated in Article 2 (a) and (b) of the Constitution of Zambia (Amendment) Act No 2 of 2016, to defend the Constitution, which is the Supreme Law of the Land.
Issued by:
Gregory Chisha
Center Director
Center for Constitutionalism and Legal Justice