Zambia Coat of ArmsWe, The People of Zambia
Zambia Coat of ArmsWe, The People of Zambia
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About the Process

The Government of the Republic of Zambia has constituted a Technical Committee on Constitutional Amendments to undertake a consultative and inclusive process of reviewing provisions of the Constitution of Zambia that may require reforms. This process is intended to strengthen constitutional democracy, enhance citizen participation, and ensure that the supreme law of the land reflects the aspirations, diversity, and evolving governance needs of the Zambian people.

1. Purpose of the Committee

The primary purpose of the Technical Committee is to:

  • Consult the people of Zambia and review and benchmark best constitutional practices from within and outside Zambia
  • Propose amendments to the Constitution with a view to consolidate democracy and constitutionalism
  • Enhance equitable and balanced representation and distribution of resources across the Republic
  • Promote inclusivity, accountability, and effective representation in governance systems and structures

2. Scope of Work and Deliverables

The Committee shall:

  1. Facilitate nationwide consultations with citizens, civil society, political actors, religious and traditional leaders, professional bodies, and all key stakeholders to gather views on proposed constitutional amendments.
  2. Conduct a technical and legal review of relevant constitutional provisions in light of the submissions received, comparative practices, and constitutional principles.
  3. Draft proposed constitutional amendments and provide justifications for each proposal.
  4. Draft a report on the overall findings of the work of the Technical Committee and make recommendations.
  5. Ensure that all recommendations are guided by the principles of democracy, good governance, inclusivity, and national unity.

3. Terms of Reference

In order to amend the Constitutional provisions that have a bearing on the political, economic and social development of the country, the Technical Committee's specific Terms of Reference are as follows:

3.1 Electoral Process and Electoral System

Receive submissions from the people of Zambia with respect to provisions relating to the electoral process and the electoral system as a whole, and specifically provisions relating to:

  • 3.1.1 The delimitation and delineation of Constituencies and Wards with a view to ensure fair, equitable and balanced representation and distribution of resources across the Republic.
  • 3.1.2 The promotion and enhancement of effective participation of Women, Youths and persons with disabilities in elective positions and governance institutions in accordance with the principles of inclusivity, equality and equity.
  • 3.1.3 By-elections, considering various factors such as the cost of by-elections.
  • 3.1.4 The number of nominated Members of Parliament.
  • 3.1.5 The filing in of fresh nominations after the resignation of a candidate in Presidential, Parliamentary and local government elections.
  • 3.1.6 Transitional and statutory mechanisms with a view to ensure predictability and clarity in the term of office of all elected respresentatives.

3.2 Term of Members of Parliament and Ministers

Receive submissions from the people of Zambia with respect to provisions of the Constitution relating to the term of Member of Parliament and office of Minister.

3.3 Election Petitions

Receive submissions from the people of Zambia with respect to provisions of the Constitution relating to the hearing of Presidential, Parliamentary and local government election Petitions with a view to enhance the adminstration of justice in such election Petitions.

3.4 Local Government

Receive submissions from the people of Zambia with respect to the composition of local governement and the tenure of office of local government officials.

3.5 Definitions

Receive submissions from the people of Zambia with respect to the definition of Youth, Child and Adult.

3.6 Constitutional Office Holders

Receive submissions from the people of Zambia with respect to Constitutional Office holders, specifically the tenure of office of Attorney General and Solicitor General, and the qualifications of the Secretary to the Cabinet.

3.7 Related Matters

Receive submissions from the people of Zambia with respect to provisions of the Constitution that are connected or incidental to the above areas.

4. Guiding Principles and Values

In the exercise of its duties, the Technical Committee shall be guided by Article 8 and Article 198 (d) of the Constitution with emphasis on:

  1. Morality and ethics;
  2. Patriotism and national unity;
  3. Democracy and constitutionalism;
  4. Human rights, equality, social justice and non-discrimination;
  5. Good governance and integrity;
  6. Sustainable development; and
  7. Prudent and responsible use of public resources.

In the process of receiving submissions at National, Provincial and District levels, and drafting the Constitutional amendments, the Technical Committee shall observe, apply and cause to be observed and applied, the following policy guidance:

  1. Efficiency and cost-effectiveness;
  2. Accountability and responsibility to the People of Zambia; and
  3. Confidence-building, trust and developing national consensus for the Constitutional amendment process.

5. Methodology

  1. Conduct literature review in relation to the specific Terms of Reference.
  2. Consult with local and international experts on Constitutional Law and Practice.
  3. Consult with local stakeholders and citizens at Provincial and District levels.
  4. Review the Reports and draft Constitutions of previous Constitutional Review Commissions, Technical Committee, National Constitutional Conference, and Electoral Reforms Committees with regard to the specific terms of reference.
  5. To review and benchmark the progressive Constitutional provisions of other countries that are suitable comparators to the Republic of Zambia, taking into consideration the context, design and purpose of their Constitutions, the values and principles enshrined therein and, the vision and ideals reflected in those Constitutions as it relates to the specific Terms of Reference.

Committee Members

President Hakainde Hichilema has appointed the following as members to the Technical Committee to widely consult the People and draft amendments to the Constitution of the Republic of Zambia:

Committee Members

  1. Rtd Supreme Court Judge Christopher Sichimwa Mushabati – Chairperson
  2. Dr. Landilani Banda – Vice Chairperson and Spokesperson
  3. Dr. Felicity Kalunga
  4. Ms. Eva Jhala
  5. Mr. Douglas Tambulukani
  6. Dr. Vanny Munyumbwe
  7. Dr. Bishop David Masupa
  8. Mrs Isabel Mutembo Mukelabai
  9. Mrs. Grace Sinkamba
  10. Mr. Isaac Mwanza
  11. Mr. Guess Nyirenda
  12. Mr. Ngande Mwanajiti
  13. Mr. Rabbson Chongo
  14. Ms. Ruth Kay Kangwa
  15. Mr. Waliuya Wamundila
  16. HRH Chief Chamuka
  17. HRH Chief Nyampande
  18. Mrs. Doreen Kabwe
  19. Mr. Gregory Chifire
  20. Father Cletus Mwilla
  21. Bishop Paul Mususu
  22. Rev Ackson Banda
  23. Apostle Charles Ndandula
  24. Mufti Ikram Sanaullah
  25. Mr. Kamlesh Shah

Legal and Drafting Experts Supporting the Technical Committee:

  1. Mrs. Mwewa Bwalya – Permanent Secretary, Ministry of Justice
  2. Mrs. Doris Katebe Mwiinga
  3. Mrs. Hope Chanda – ZLDC
  4. Mr. Chola Mwewa
  5. Mr. Bubbala Chibonta – Chief Parliamentary Counsel, Ministry of Justice

Technical Support:

The President has further instructed Smart Zambia and the Zambia Information and Communications Authority (ZICTA) to provide seamless digital platforms and ICT support to the Technical Committee as it undertakes its work.

Composition

The Technical Committee is composed of eminent Zambians from diverse professional, social, religious and community backgrounds — including a former Supreme Court of Zambia Judge, legal experts, academics, diverse faith leaders, traditional leaders and several members from civil society.

Engagement and Participation

The Technical Committee is expected to prepare a programme of work and engage in wide-ranging consultations, with more details to be provided in due course.

The Government of the Republic of Zambia wishes to encourage the citizens across the breadth of the country to make submissions to the Technical Committee and participate in the process.

The President calls on all citizens, civil society organisations, political parties, traditional leaders, and every stakeholder to engage constructively and boldly with this process. Only a truly people-driven process can yield a Constitution that strengthens national unity, enhances inclusivity, and responds faithfully to the aspirations of all Zambians.