NULLIFY CONSTITUTIONAL AMENDMENTS - KASONDE

By NATION REPORTER

A LANDMARK petition has been filed in the Constitutional Court challenging the constitutionality and validity the Constitution of Zambia (Amendment) Act No. 13 of 2025, arguing that both the process leading to its enactment and its substantive provisions are in fact unconstitutional.

The Linda Kasonde Freedom Foundation (LCK) has petitioned the Constitutional Court challenging the legality and constitutionality of the amended Constitution, which was born out of a constitutionally condemned Bill 7.

The Foundation has asked the Constitutional Court to declare that the Technical Committee lacked legal authority, that the amendment process was unconstitutional, and that Act No. 13 of 2025 is invalid and of no legal effect.

It is also seeking orders to quash the work of the Technical Committee, compel compliance with constitutional requirements in any future amendment process, and provide an account of public funds spent.

According to a statement issued by the Foundation’s executive director Ms Linda Kasonde, the petition has been filed under Article 128 of the Constitution, which gives the Constitutional Court jurisdiction over constitutional matters.

Ms Kasonde said the case raises fundamental questions about who has the authority to amend the Constitution and whether the process adopted by Government complied with established legal standards.

“In Zambia, the Constitution belongs to the people, and the people alone have the authority to determine how it is changed. That authority cannot be assumed by the Executive and enacted through a hurried process,” Ms Kasonde said.

She said the government failed to follow guidance issued by the Constitutional Court in the case of Munir Zulu and Another v Attorney-General, which held that constitutional amendments must be people-driven, transparent and led by an independent body.

Ms Kasonde said instead of complying with that judgement, Government appointed a Technical Committee without statutory backing and conducted consultations over a short period of about three weeks.

“The consultations fell far short of the wide, inclusive engagement required by the Constitution,” she said.

The petition also argues that Parliament’s Standing Orders were suspended to allow the Bill to be passed in a single day, with substantive amendments reportedly introduced on the floor of the House without adequate notice.

“No votes and proceedings for that day have been published,” Ms Kasonde said.

Beyond the process, the Foundation is also challenging the substance of the Act, arguing that it introduced far-reaching changes to Zambia’s democratic framework.

“These include the introduction of a mixed-member proportional representation system, expansion of the National Assembly, and changes affecting ministerial tenure and the dissolution of Parliament,” she explained.

“The Petition argues that these are structural changes to democratic governance that must meet the highest standards of constitutional legitimacy,” Ms Kasonde said. Ms Kasonde said the case had far-reaching implications for Zambia’s democracy, including the enforcement of Constitutional Court decisions and the limits of Parliament’s power to amend the Constitution.

“The case will determine whether constitutional change can be driven by the Executive or whether it must genuinely come from the people,” she said.

She said the petition also raises questions about electoral integrity, noting that the contested law had introduced changes to the electoral system just months before the August 13, 2026 general election.

“The outcome will determine whether those changes can lawfully govern the election,” Ms Kasonde said.