Zulu, Mukandila drag Hichilema govt to court, seek to halt constitutional amendments

Lumezi Independent Member of Parliament, Munir Zulu, and Tonse Alliance National Youth Chairman Celestine Mukandila have taken the Zambian government to the Constitutional Court, seeking to halt the proposed amendment to the Republican Constitution.

In a petition filed on Tuesday, the two argue that the amendment process lacks nationwide consultation and could undermine democratic principles.

Read more: Nalumango hints at constitutional amendment being a done deal, adds only non-contentious issues will be in focus

Legal Challenge Against Constitutional Changes

The petitioners claim the government is rushing the amendments without adequate public input.

“Zambians deserve a say in shaping the highest law of the land. We cannot allow a process that lacks transparency and inclusivity to dictate our future,” they stated.

The petition references President Hakainde Hichilema’s March 8, 2025, speech during International Women’s Day, where he declared that a consensus had been reached to amend the Constitution.

This was later reaffirmed by Minister of Justice Princess Kasune, who announced that a draft amendment was ready and would soon be presented to Parliament.

“The ministerial statement did not outline a proposed consultative roadmap, which contradicts the legitimate expectations of many Zambians whom we represent,” the petition states.

The petitioners argue that since Zambia’s independence in 1964, constitutional amendments have been conducted through broad and deliberate consultations, unlike the current fast-tracked approach.

Citing 2020 Constitutional Court Ruling

Zulu and Mukandila refer to the 2020 Constitutional Court ruling in the case of Law Association of Zambia & Chapter One Foundation v. Attorney General, where the court held that constitutional amendments could not be challenged until enacted into law.

However, they argue that this ruling was made “per incuriam”—without properly considering the need for consensus before amendments are passed.

“Our Constitution is not a tool for the few but a foundation for the entire nation,” Zulu stated. “The court must revisit this judgment and affirm the people’s right to challenge unconstitutional legislative actions before they become law.”

Government Accused of Violating Constitutional Principles

The petitioners contend that the government’s approach violates several constitutional provisions, including Articles 1, 8, 9, 61, 90, 91, 92, and 79, which mandate an inclusive and participatory amendment process.

“If we allow this to proceed unchecked, we set a dangerous precedent where leaders can tailor the Constitution to fit their interests,” they warned.

Petitioners Seek Key Remedies

Zulu and Mukandila are asking the Constitutional Court to:

• Declare the 2020 ruling flawed and overturn it.

• Declare the amendment process unconstitutional due to lack of public consultation.

• Direct the government to conduct nationwide consultations before tabling any amendment bill.

• Suspend any further action by the Minister of Justice until consultations are completed.

• Interpret Article 128 in relation to Article 2 to determine whether the Constitutional Court has authority to intervene before a bill is passed into law.

The case is now before the Constitutional Court for consideration.

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