WILLAH J. MUDOLO’S REFLECTIONS ON CONSTITUTIONAL AMENDMENT BILL NO. 7

FOR IMMEDIATE RELEASE

WILLAH J. MUDOLO’S REFLECTIONS ON CONSTITUTIONAL AMENDMENT BILL NO. 7

DECEMBER 10, 2025

As the nation continues its spirited conversation on Constitutional Amendment Bill No. 7, it is essential that we elevate the debate with clarity, fairness, and respect for the rule of law. Much of the public discourse has become polarised, and many citizens have not had the chance to fully read or understand the Bill. This has contributed to a one-sided narrative that does little to inform or empower the people of Zambia.

Today, I seek to bring balance to the national discussion by acknowledging that there are positive provisions in the Bill, highlighting areas that require deeper scrutiny, and reminding the State, particularly the President, His Excellency Hakainde Hichilema, that constitutional reform must always reflect the will of the people.

Public Participation Is a Constitutional Obligation

In the judgment delivered on 27th June 2025, the Constitutional Court has already directed the State to pause the Bill’s progress and return to the citizens, the rightful custodians of the Constitution, for consultation. This is not merely a procedural recommendation; it is a constitutional requirement.

Article 79(3) of the Constitution of Zambia expressly demands public participation, including a national referendum, when certain provisions of the Constitution are to be amended. This article underscores a fundamental truth: the people must be fully involved in shaping the supreme law of the land. No constitutional amendment should be rushed or insulated from public scrutiny. The process must uphold both the letter and spirit of the law.

Recognising the Positive Provisions in Bill No. 7

Even in times of disagreement, we must preserve our objectivity and fairness. While there are constructive elements in the Bill worthy of recognition, it is critical that the State addresses the vital lack of public consultation regarding these proposed amendments.

1. Enhanced Transparency Through ECZ Disclosures: Requiring the Electoral Commission of Zambia to disclose constituencies earmarked for delimitation is a progressive step that strengthens public trust.
2. Bridging Gaps in the Current Constitution: Some lacunae require attention, particularly those involving the scope of presidential powers and the mechanisms that ensure checks and balances.
3. Promoting Merit-Based Appointments: Efforts to ensure that appointments are grounded in merit and free from nepotism are commendable and vital for institutional credibility.

Critical Areas That Deserve National Focus

To safeguard democracy, we must concentrate on the issues that truly matter, rather than allowing political rhetoric to overshadow constitutional responsibility.

1. The Constitutional Process Must Be Respected: There is no lawful justification for urgency. If we allow the Constitution to be amended today without due process, we create a dangerous precedent that future administrations may exploit. Zambia’s democracy is too precious to be left vulnerable to shortcuts. The required consultations must occur, as mandated by the Constitution and clarified by the Constitutional Court.
2. Zambia Is Approaching an Election Cycle: With only eight months before the general elections, the nation must focus its efforts on stabilising the economy, promoting unity, and preparing for credible elections. The integrity of the 2026 elections must be preserved by allowing the political landscape to remain stable.
3. Lessons From Bill No. 10 Must Guide Us: This is not the first constitutional amendment of national contention. Our past experience should inform a more transparent, inclusive, and patient process.
4. Civil Society Must Uphold Objectivity: Civil society organisations have a duty to educate the public, not inflame partisan tensions. Their voice must be principled, fair, and guided by national interest.
5. The Change to the Electoral Cycle: The nation deserves clarity on the proposed changes to our electoral cycle. The State, working through the Electoral Commission of Zambia (ECZ), must openly explain how these reforms will work— especially the shift toward voting for political parties rather than individual candidates. This is a major departure from our current system, and citizens must understand its implications.

A key question arises: How will accountability be ensured when political parties are entrusted with selecting or replacing Members of Parliament? The public needs clear constitutional guidelines on how such appointments will be made fairly, transparently, and without undermining the people’s will.

In exploring these reforms, Zambia can study lessons from South Africa’s system, but any borrowed model must be adapted responsibly to fit our own constitutional framework. Beyond that, the State must communicate these processes plainly to the public so that no citizen is left behind or confused by a system that will directly shape their representation.

Article 45(2) (a–d) of the Constitution of Zambia mandates that our electoral systems must ensure free and fair elections. Accordingly, these constitutional principles must guide every aspect of the proposed amendments. This shift is not just a technical adjustment; it represents a fundamental transformation of how Zambia chooses its leaders. It therefore demands openness, public education, and strict adherence to constitutional safeguards.

A Call for Responsible Leadership and National Development

For those of us seeking to lead this country at the highest level, constitutionalism and the protection of democratic values are foundational. Yet we must also remain grounded in the everyday realities our people face. Our mission must be to transform Zambia’s economy and translate ideas into tangible improvements in citizens’ lives.

Zambians have waited long enough for sustainable solutions that create jobs, expand opportunity, and restore dignity. It is time to focus on progress that directly benefits the nation. Let us therefore not lose sight of our ultimate purpose: to build a Zambia where prosperity and justice are shared by all.

The debate on Bill No. 7 must be guided by wisdom, fairness, and fidelity to the Constitution. The supreme law of our land belongs to the people, and Article 79(3) ensures that the people remain at the centre of its evolution.

Let us approach this moment not as opponents, but as guardians of our democracy. Let us debate with dignity. Let us lead with vision. And above all, let us commit ourselves to a Zambia where democracy, development, and unity advance hand in hand.

Willah J. Mudolo
Candidate for President of Zambia