THE Constitutional Court has declared the state’s initiation of the 2025 Bill 7 constitutional amendment process unconstitutional, ruling that it was undertaken without adequate public consultation.
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This unanimous decision by Constitutional Court president Judge Margaret Munalula, mandates that the government undertake broad, people-driven consultations led by an independent body of experts before proceeding with the Bill.
The ruling aligns with a petition filed by former Lumezi Member of Parliament Munir Zulu and Tonse Alliance National Youth Chairperson Celestine Mukandila.
They argued that the government’s decision to pursue constitutional amendments without wide public engagement, either directly or through representatives, violated Articles 8 and 9 of the Constitution.
Zulu and Mukandila also wanted the court to order the Minister of Justice through the Attorney General to halt any action or decision until after wider consultation.
The court specifically cited Articles 1, 2, 5, 7, 8, 9, 61, 90, 91, and 92 of the Constitution, stating that the amendment process cannot be legitimately initiated without the participation of the Zambian people through extensive consultations.
The State, represented by the Attorney General, had argued that its proposed roadmap for constitutional amendment included stakeholder involvement.
A ministerial statement was issued by the Minister of Justice Princess Kasune, in the National Assembly on March 26, 2025, revealing a consultative roadmap for the said Constitution amendment process.
However, the majority of judges disagreed, emphasising that constitutional amendment cannot be initiated without the full participation of the Zambian people through wide consultations.
“In the absence of any evidence that the initial process undertaken by the respondent meets the expectations of wide consultations with the People as stated above, we are of the firm view that the initiating process lacks legitimacy,” Judge Munalula stated.
This ruling by the Constitutional Court comes just a day after President Hakainde Hichilema directed Kasune to halt the ongoing legislative process for Bill No. 7 of 2025, citing the need for broader national consultation.
In a statement issued by State House chief communication specialist Clayson Hamasaka, President Hichilema’s directive followed extensive consultations with church mother bodies and over 30 civil society organisations at State House on Tuesday.
The President stressed the importance of building consensus and ensuring that reforms reflect the collective voice of the Zambian people.
Kasune had introduced the Bill for its first reading in the National Assembly, where it was referred to a select committee for further scrutiny.
The Government said President Hichilema’s instruction to pause the Bill underscores the government’s commitment to a more participatory and consensus-driven approach to legislative reforms.
He instructed the Justice Minister to collaborate closely with stakeholders, including the Church and civil society, to revise the roadmap and proposed changes.
Meanwhile, not all judges agreed. In a dissenting opinion, Constitutional Court Judge Kenneth Mulife argued that the case should have been decided solely based on Article 79 of the Constitution, which he considered the primary law for amending the Constitution.
He stated that while broad public consultations before drafting a constitutional amendment Bill are common practice, their absence alone shouldn’t invalidate the amendment process unless it can be proven that Article 79 itself was violated.
By Lucy Phiri
Kalemba June 28, 2025
