08/12/2025
A Simple Guide to the Constitution of Zambia (Amendment) Bill No. 7 of 2025 -( Shamoba )
The Constitution of Zambia (Amendment) Bill No. 7 of 2025 proposes several important changes to how the country elects leaders, manages Parliament, and conducts elections. The aim is to update and improve various parts of the current constitutional framework.
Below is a straightforward explanation of what the Bill seeks to change.
1. Increase in Constituencies and Members of Parliament
One of the major proposals is to expand the number of elected Members of Parliament.
- Current constituencies: 156
- Proposed constituencies: 211
This change follows the Electoral Commission of Zambia’s recent delimitation exercise, which created more constituencies to reflect population growth and distribution.
2. Introduction of a Mixed Electoral System
The Bill suggests moving away from a purely first-past-the-post system to a mixed electoral model. This new system will combine:
a. First-Past-the-Post (FPTP)
Used for the 211 constituency seats.
The candidate with the highest votes in each constituency wins.
b. Proportional Representation (PR)
Additional MPs will be selected from political party lists. These seats are reserved for women, youth, and persons with disabilities.Each party’s share of PR seats will depend on its total nationwide votes.
The objective is to improve inclusion and ensure marginalized groups are better represented in Parliament.
3. Updated Rules on Nominations and Candidate Requirements
The Bill introduces:
New procedures for candidate nominations.
Guidelines on what happens if a candidate dies, withdraws, or becomes disqualified.
Rules to manage and fill vacant seats in Parliament.
4. Changes to By-Elections
The Bill proposes that no by-elections should be held within 180 days (six months) of a general election.
This is intended to reduce costs and prevent political tensions in the months leading up to elections.
5. Alignment of Parliamentary and Local Government Terms
Members of Parliament and councillors will both serve a single 5-year term that begins at the first official sitting after an election.This creates uniformity across the national and local levels.
6. Ministerial Positions to Fall Vacant Before Elections
The offices of Minister and Provincial Minister will automatically become vacant 90 days before a general election.This measure is likely designed to prevent misuse of state resources during campaign periods.
7. Removal of Term Limits for Mayors and Council Chairpersons
The current two-term limit for mayors and council chairpersons will be removed.This means they may seek re-election as many times as they wish.
8. New Composition of Local Councils
Councils will now include Members of Parliament who represent constituencies, making MPs part of local governance structures.
9. Adjustments to High-Level Government Offices
The Bill outlines:
Updated qualifications for the Secretary to the Cabinet.
A provision allowing the Attorney-General and Solicitor-General to remain in office after elections until their successors are appointed.This prevents gaps in legal leadership.
10. Clear Timelines for Election Petitions
The Bill provides specific deadlines for how long courts may take to handle and resolve election petitions, ensuring a more efficient electoral justice system.
11. Updated Legal Definitions
Definitions for terms such as child, adult, election, and term will be revised for clarity and consistency throughout the Constitution.
12. Additional Technical Amendments
The Bill also includes various minor changes that support and align with the major amendments.
In Conclusion
This summary outlines the main provisions of Bill No. 7 of 2025.You are encouraged to review the points carefully and share your thoughts—respectfully and objectively—on any areas you believe may raise concerns or require improvement. The intention is not to support or oppose the Bill, but to promote informed national dialogue.
Aaron Shamoba | [email protected]