Constitution of Zambia (Amendment) Bill No. 7 of 2025

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Constitution of Zambia (Amendment) Act No. 7 of 2025
Constitutional Amendment Bill No. 7 of 2025, formally integrating it into Law 01.jpg
President Hichilema presents newly signed Bill 7 into Law.
National Assembly of Zambia
  • Bill for an Act to amend the Constitution of Zambia
Passed by National Assembly of Zambia
Passed15 December 2025
Assented to by Hakainde Hichilema
Assented to18 December 2025
Bill citation The Constitution of Zambia (Amendment) Bill, 2025
Introduced by Ministry of Justice
IntroducedMay 2025
Voting summary
  • 135 voted for
  • None voted against
  • None abstained
Status: In force

The Constitution of Zambia (Amendment) Act No. 7 of 2025 (commonly referred to as Bill 7) is a constitutional amendment law of Zambia that was enacted following its passage by the National Assembly of Zambia [1] on 15 December 2025 and assent by President Hakainde Hichilema on 18 December 2025. The legislation amends several provisions of the Constitution of Zambia, addressing matters relating to the composition of the National Assembly, electoral arrangements, nomination procedures, and other governance-related provisions.

Contents

The Bill was originally introduced in May 2025 by the Ministry of Justice and generated extensive national debate and opposition from civil society organisations, opposition political parties, and professional bodies, who raised concerns regarding both its substance and the process used in its development. [2] On 27 June 2025, the Constitutional Court of Zambia declared the Bill unconstitutional, ruling that it failed to comply with Article 79 of the Constitution, which requires wide public consultation prior to the initiation of constitutional amendments. [3]

Following the Court’s ruling, the government instituted a consultative review process through the appointment of a Technical Committee on Constitutional Amendments. [4] [5] [6] After nationwide consultations and revisions to some provisions, the Bill was reintroduced to Parliament. On 15 December 2025, the National Assembly adopted the amended Bill at its Third Reading after securing the constitutionally required two-thirds majority, with 135 Members of Parliament voting in favour and none voting against or abstaining. [7] [8] The Act came into force upon presidential assent on 18 December 2025. Upon signing, Hichilema stated: “Now that it is law, I declare that the debate is now behind us. [9]

Objects of the Bill

The objects of this Bill are to amend the Constitution of Zambia so as to: [10] [11]

Legislative history

Petition before the Constitutional Court

The petition that brought Constitution (Amendment) Bill No. 7 before the Constitutional Court was filed in March 2025, prior to the Bill being formally tabled in Parliament. In March 2025, Members of Parliament Munir Zulu and Celestine Mukandila lodged the petition shortly after the government announced its intention to undertake constitutional reforms. The petition challenged the process adopted by the Executive, arguing that it violated constitutional principles and national values by initiating constitutional amendments without a people-driven process and wide public consultation. On 25 May 2025, while the petition was still pending before the Court, the Minister of Justice formally presented the Constitution (Amendment) Bill No. 7 to the National Assembly. On 27 June 2025, the Constitutional Court delivered its judgment on the March petition, ruling that the process leading to the Bill was unconstitutional due to the failure to comply with Article 79 of the Constitution, which requires wide public consultation before constitutional amendments are initiated.

Constitutional Court ruling

On 27 June 2025, the Constitutional Court of Zambia declared the Bill unconstitutional, ruling that it failed to comply with Article 79 of the Constitution, which requires wide public consultation before the enactment of constitutional amendments. [14] The Court emphasised that constitutional reforms must be people-driven and not initiated solely by the Executive or Legislature. [15]

The Law Association of Zambia (LAZ) welcomed the ruling and called for future constitutional reforms to be preceded by tangible and visible consultations led by an independent, non-partisan committee of experts to ensure legitimacy and compliance with constitutional principles. [16] [17] As a result of the ruling, the Bill was rendered legally void in its original form. The government subsequently indicated that broader consultations would be undertaken before pursuing further constitutional amendments. [18]

Reintroduction following the Constitutional Court ruling

Following the Constitutional Court’s decision of 27 June 2025, which rendered the original Constitution (Amendment) Bill No. 7 of 2025 unconstitutional due to non-compliance with Article 79 of the Constitution, the government halted further progression of the Bill in its initial form. In response, the Executive undertook measures intended to cure the procedural defects identified by the Court. On 2 October 2025, President Hakainde Hichilema appointed a 25-member Technical Committee on Constitutional Amendments (TCCA), mandated to conduct nationwide consultations and to review the proposed constitutional amendments in line with the Court’s guidance and the requirement for a people-driven reform process. The committee engaged stakeholders across the country and subsequently submitted its recommendations to the government. [19]

Based on the TCCA’s consultative process and recommendations, the government revised a number of provisions contained in the original Bill. The Minister of Justice thereafter reintroduced Constitution (Amendment) Bill No. 7 of 2025 to the National Assembly, with the government maintaining that the revised process satisfied the requirements of Article 79 of the Constitution. Parliament proceeded to consider the amended Bill on the basis that the procedural shortcomings identified by the Constitutional Court had been addressed through the consultative process.

Controversy and criticism

The Bill attracted substantial criticism from civil society organisations, opposition political parties, and legal experts, particularly regarding its scope, process, and constitutional implications.

Law Association of Zambia

On 4 June 2025, the Law Association of Zambia (LAZ) called for the withdrawal of Constitution (Amendment) Bill No. 7 of 2025, citing a lack of broad-based stakeholder engagement and meaningful public participation in the constitutional amendment process. [22] LAZ argued that the Bill had been published in the Government Gazette without a clearly defined pathway for citizen participation prior to its introduction in Parliament, and that the government had not disclosed the processes or stakeholders involved in drafting the proposed amendments. It warned that proceeding without a people-driven process, as required under Article 79 of the Constitution, risked undermining democratic accountability and constitutional legitimacy. [22]

Church bodies

In July 2025, major church bodies in Zambia jointly called for the withdrawal of Constitution (Amendment) Bill No. 7 of 2025, citing concerns over the constitutionality and legitimacy of the process used to advance the Bill. [23] In a letter addressed to the Secretary to the Cabinet, representatives of the Zambia Conference of Catholic Bishops (ZCCB), the Council of Churches in Zambia (CCZ), and the Evangelical Fellowship of Zambia (EFZ) argued that the process lacked legitimacy and failed to meet constitutional requirements for a people-driven reform. The church leaders referenced the Constitutional Court’s 27 June 2025 ruling and urged the government to respect the decision and ensure that any future constitutional reforms are inclusive, consultative, and grounded in broad national consensus. [23]

Civil society organisations

On 29 May 2025, a coalition of civil society organisations issued a joint statement opposing Constitution (Amendment) Bill No. 7 of 2025, citing serious concerns with both the process and substance of the proposed reforms. The organisations argued that the reform process lacked transparency, meaningful public consultation, and an evidence-based foundation. [24] They criticised proposals relating to the introduction of a mixed-member proportional representation system, the increase in the number of constituencies, changes to by-elections, dissolution timelines for Parliament, the reintroduction of Members of Parliament into local councils, the removal of term limits for mayors, the weakening of qualification requirements for the Secretary to the Cabinet, and the expansion of presidential nominees in Parliament.

The statement warned that the proposed amendments risk undermining democratic accountability, separation of powers, devolution, and fiscal sustainability. The civil society groups called for the withdrawal of the Bill and the establishment of a comprehensive, inclusive, and citizen-driven constitutional reform process grounded in broad national consensus. [24]

Final passage of the amended Bill

VoteNumber of MPsNotes
Yes135All present MPs voted in favour
No0None voted against
Abstained0None abstained
Absent32Total MPs 167 minus 135 present [8]

Following the conclusion of the TCCA’s consultative process, the government incorporated elements of the committee’s recommendations into a revised version of the Bill. The Minister of Justice, Princess Kasune, presented the amended Bill to the National Assembly on 14 December 2025. [25]

On 15 December 2025, the Constitution of Zambia (Amendment) Bill No. 7 of 2025 was tabled for its Second and Third Reading, debated, and adopted by the National Assembly after securing the constitutionally required two-thirds majority. A total of 135 Members of Parliament voted in favour of the Bill, with none voting against or abstaining. The Speaker of the National Assembly ruled that the constitutional threshold had been satisfied, and the Bill was subsequently submitted to the President for assent, after which Parliament adjourned sine die. [7]

Parliamentary tensions and party positions

On the day scheduled for the final vote on Constitution (Amendment) Bill No. 7 on 15 December 2025, the parliamentary process was marked by heightened political tension. Patriotic Front National Chairperson Jean Kapata warned PF Members of Parliament that any member who voted in favour of the Bill would be considered automatically expelled from the party. [26] PF Lukashya Member of Parliament George Chisanga stated that opposition MPs had resolved to abscond the sitting, alleging that some ruling party MPs were being confined to ensure support for the Bill. [27] [28] Meanwhile, Chief Government Spokesperson Cornelius Mweetwa expressed confidence that the Bill would secure the required two-thirds majority. The Zambia Police Service announced it had received intelligence warning of possible attempts to disrupt parliamentary proceedings, stating that security measures had been put in place around the National Assembly and surrounding areas. [29]

Reactions

After the bill was adopted, President Hakainde Hichilema took to social media to welcome the passage of the Constitution (Amendment) Bill No. 7, describing it as a defining moment for Zambia’s democracy and national unity. [30] He called on all Zambians—government, opposition, and citizens—to set aside differences and work together for national development under the principles of One Zambia, One Nation.

Post-vote criticism

After the bill was adopted, lawyer and civil rights activist Makebi Zulu condemned the vote, describing it as a direct defiance of the Constitutional Court and a threat to constitutionalism. [31] Zulu stated that proceeding with the Bill despite the Court’s ruling undermined the rule of law and accused Members of Parliament of prioritising political interests over their constitutional obligations. He called on citizens to respond through lawful and democratic means, including accountability at the 2026 general elections. [31]

On 13 December 2025 Celestine Mukandila and former Lumezi Member of Parliament Munir Zulu filed a petition before the Constitutional Court that the MPs are Defying Court Order on Bill 7. [32] [33]

On 17 December 2025 the Transparency International Zambia publicly rebuked Speaker Nelly Mutti for celebratory remarks and gestures following the Bill’s passage, stating such conduct was inappropriate given ongoing national concerns about constitutional legitimacy and accountability. [34]

See also

References

  1. "The Constitution of Zambia (Amendment) Bill No. 7 of 2025". ZambiaLII. 23 May 2025. Retrieved 4 July 2025.
  2. "Bill 7 sparks heated parliamentary debate over constitutional reforms". Lusaka Times. 26 June 2025. Retrieved 4 July 2025.
  3. "Constitutional Court declares Bill 7 unconstitutional". Zambian Observer. July 2025. Retrieved 4 July 2025.
  4. "HH Appoints Expert Committee to Deliver Inclusive Constitutional Changes". Open Zambia. 2 October 2025. Retrieved 15 December 2025.
  5. "STAKEHOLDERS REACT TO APPOINTMENT OF TECHNICAL COMMITTEE ON CONSTITUTIONAL AMENDMENTS | Radio Phoenix FM" . Retrieved 15 December 2025.
  6. SICHULA, AUGUSTINE (3 October 2025). "Amid outcry on Bill No.7, President Hichilema appoints technical committee to lead constitutional amendments | Zambia Monitor" . Retrieved 15 December 2025.
  7. 1 2 Tutu, Arnold (15 December 2025). "Bill Seven Secures Two-Thirds Majority". ZNBC. Retrieved 15 December 2025.
  8. 1 2 "PF MPs boycott Bill 7 debate - Zambian Eye". Zambian Eye - Breaking News and Current Affairs. 15 December 2025. Retrieved 16 December 2025.
  9. "Zambia : Hichilema signs Constitution Amendment No. 7 into law and tells Zambians to end the quarrel". 18 December 2025. Retrieved 18 December 2025.
  10. "The Constitution of Zambia (Amendment) Bill,2025". www.parliament.gov.zm.
  11. "The Constitution of Zambia (Amendment) Bill No. 7 of 2025". Alliance for Accountability Advocates Zambia. Retrieved 4 July 2025.
  12. "Constitution of Zambia (Amendment) Bill No. 7 of 2025". Transparency International Zambia. June 2025. Retrieved 4 July 2025.
  13. "A problematic constitutional bill". Amulu Fe Blog. June 2025. Retrieved 4 July 2025.
  14. "Constitutional Court declares Bill 7 unconstitutional". Zambian Observer. July 2025. Retrieved 4 July 2025.
  15. "Constitutional Court Declares Bill No. 7 of 2025 a Nullity: LAZ Calls for People-Driven Reforms". The Zambian Observer. 1 July 2025. Retrieved 16 December 2025.
  16. "LAZ declares Bill 7 unconstitutional, calls for people-driven reform". Efficacy News. 1 July 2025. Retrieved 4 July 2025.
  17. "Zambia : The Constitution Amendment Bill No.7 Must Be Withdrawn -LAZ". 4 June 2025. Retrieved 16 December 2025.
  18. "Abandon Bill 7 and give people a proper constitution – LAZ". Diamond TV Zambia. Retrieved 4 July 2025.
  19. Mofya, Mwenya (21 October 2025). "Govt outlines terms of reference for Technical Committee on constitution amendments". News Diggers. Retrieved 15 December 2025.
  20. "Bill 7 sparks heated parliamentary debate over constitutional reforms". Lusaka Times. 26 June 2025. Retrieved 4 July 2025.
  21. "Bill 7 widely rejected due to lack of legitimacy – KBF". News Diggers. 6 June 2025. Retrieved 4 July 2025.
  22. 1 2 "The Constitution Amendment Bill No. 7 must be withdrawn – LAZ". Lusaka Times. 4 June 2025. Retrieved 15 December 2025.
  23. 1 2 EWTN. "Zambia's Church Leaders Want Bill on Constitutional Amendment "withdrawn in its entirety"". ACI Africa. Retrieved 16 December 2025.
  24. 1 2 "Joint CSO Statement on Constitutional Amendment Bill 2025". Transparency International Zambia. 29 May 2025. Retrieved 15 December 2025.
  25. "Zambia: Bill 7 heads to Parliament amid claims of threats and predictions of landslide support". Lusaka Times. 15 December 2025. Retrieved 15 December 2025.
  26. zamobserver (15 December 2025). "PF faction national chairperson Jean Kapata warns party MPs who will vote for Bill 7 with expulsion - The Zambian Observer" . Retrieved 16 December 2025.
  27. Jere, Shadreck; Mabenga, Elizabeth. "PF threatens to expel any MP who votes for Bill 7". Zambia: News Diggers!. Retrieved 16 December 2025.
  28. admin (15 December 2025). "If you vote for Bill 7, you are automatically expelled, PF warns its MPs -" . Retrieved 16 December 2025.
  29. "Zambia : PF Faction Issues Expulsion Threat to MPs Over Bill 7 Vote". 15 December 2025. Retrieved 16 December 2025.
  30. "President Hichilema hails passage of Bill 7". ZNBC. Retrieved 15 December 2025.
  31. 1 2 "Makebi Zulu says passage of Bill 7 defies Constitutional Court". Lusaka Times. 15 December 2025. Retrieved 15 December 2025.
  32. "Lawyers Seek Jail for MPs Defying Court Order on Bill 7". Muvi TV. 13 December 2025. Retrieved 20 December 2025.
  33. "Lawyers Call for Jail Time for MPs Who Defy Court Ruling on Bill 7". Zambia Business Directory | List of Companies in Zambia. Retrieved 20 December 2025.
  34. "TI-Z rebukes Speaker Mutti for dancing to Bill 7 victory". News Diggers. 17 December 2025. Retrieved 18 December 2025.