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Lawyers reject proposed piecemeal amendments of constitution, describe move as resurrection of Bill 10 through backdoor

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The Law Association of Zambia (LAZ) has criticised the UPND government’s proposed constitutional amendments, describing them as a reintroduction of the controversial Bill 10 that was rejected during the Patriotic Front (PF) administration.

Speaking at a media briefing in Lusaka on Friday, LAZ president, Lungsani Zulu, called on the government to reconsider its plans to amend the Constitution in a piecemeal manner, especially so close to the 2026 general elections.

Read more: Govt unveils constitutional reforms roadmap (Wait over! See list of proposed amendments)

Zulu argued that there was no substantive reason for reintroducing proposals that were previously rejected by Zambians.

He noted that while constitutional reforms are necessary, rushing amendments without broad consultations could undermine democratic principles.

Opposition to Nominated MPs Increase

Zulu particularly opposed the proposal to increase the number of nominated Members of Parliament (MPs) through an Act of Parliament, describing it as retrogressive and dangerous for democracy.

“This move has the potential to weaken the accountability and legislative function of Parliament by allowing more unelected members to influence national policy,” he warned.

He emphasized that Zambia had lived without Bill 10 and could continue to do so without adopting similar provisions under a different process.

Lack of Stakeholder Consensus

While welcoming the constitutional reform roadmap, Zulu said the process lacked broad stakeholder engagement and was instead a unilateral decision by the government.

“The roadmap should have been agreed upon with key stakeholders to ensure legitimacy. However, the government appears to have excluded critical voices in the process,” he said.

Zulu also pointed out that the delimitation exercise and phasing out of by-elections, which are part of the proposed amendments, require wider consultations before implementation.

Call for Inclusive Representation

Zulu urged the government to fully implement Article 60 of the Constitution by enacting a Political Parties Bill, compelling political parties to adopt more women, youths, and persons with disabilities as parliamentary candidates.

Additionally, he called on the government to take advantage of Article 259, which mandates appointing authorities to ensure greater inclusion of women, youth, and persons with disabilities in key governance institutions.

“We note that this proposal is similar to Clause 15 of Bill 10 of 2019, which ultimately failed to pass. In any event, it should be part of a holistic constitutional reform process, rather than a rushed amendment,” Zulu said.

LAZ’s Final Stance

The LAZ president reiterated that any attempt to amend the Constitution should be comprehensive, widely consulted, and not politically driven.

He warned against piecemeal changes that could undermine the integrity of Zambia’s democracy, urging the government to adopt a transparent and inclusive approach in constitutional reforms.

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