GOVERNMENT says it will comply with the Constitutional Court’s guidance on the constitutional amendment process under Bill No. 7 of 2025, following a ruling that reaffirmed the need for broad based consultations before any constitutional changes are made.
On Thursday, President Hakainde Hichilema directed Justice Minister Princess Kasune to defer the process, in response to calls from civil society, the Church and other stakeholders urging for a more inclusive approach.
And yesterday, the ConCourt ruled that the constitutional amendment process needed wider public consultation.
Court president Professor Margaret Munalula together with her judges stated that the process lacked legitimacy and failed to uphold democratic principles of participation and inclusiveness.
“In the absence of any evidence that the initial process undertaken by the State meets the expectations of wide consultations with the people, we are of the firm view that the initiating process lacks legitimacy,” said Prof Munalula.
The case was brought forward by jailed former Lumezi Member of Parliament Munir Zulu and Tonse Alliance national youth chairperson Celestine Mukandila, who argued that the proposed changes, particularly those affecting electoral boundaries, required consensus from a broad base of stakeholders.
In response to the ruling, Solicitor General Marshal Muchende said government respects the court’s guidance and emphasised that the President had already acted on similar concerns.
“The judgement of the Constitutional Court today is a demonstration that as government, we do not interfere with decisions of the court. We have no access to the judges when they are making their decisions,” said Muchende.
“It did not take the judgement of the court for the State to press the reset button. It took the guidance of the President, who said, ‘I have heard the Church, I have heard civil society, let’s heed their request.’”
He said the court’s ruling now provides additional clarity, calling for the constitution of an independent body of experts, similar to the 2011 technical committee that led to the 2016 Constitution amendment process.
“The Constitutional Court has explained what a satisfactory consultative process looks like, one that involves a technical committee that conducts wide consultations with the public,” he stated.
The solicitor general added that government, in line with the principle of separation of powers, would comply fully and move towards delivering a people driven Constitution.
Muchende also clarified that the proposed amendments do not involve the Bill of Rights and therefore do not require a referendum, which he noted would be too expensive for the country to undertake at this time.
“Our resource envelope cannot support a referendum. Let us allow for this process, now being guided both by his excellency, President Hakainde Hichilema and the court, to proceed. Pulling down every positive step is not helpful,” he said.
By Catherine Pule
Kalemba, June 28, 2025
