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Zambia needs an updated constitution, and the people will shape it

What will define the success of this constitutional reform process is whether Zambians believe it reflects their voice. That is the standard we should be judged by. This is an opportunity we cannot waste.
Landilani Banda

Dr Landilani Banda is a lawyer and the vice-chairperson of the Technical Committee on Constitutional Reform in Zambia.

Reform of Zambia’s constitution has been attempted many times before but has often stalled or been derailed by politics. This time, we have no choice but to do better. We must do better. If we are serious about deepening our democracy, strengthening our institutions, and driving our country towards the economic and social development we all want, then we need to get this right. It is our collective duty.   

On this basis, President Hakainde Hichilema has appointed a Technical Committee on Constitutional Reform. Alongside 24 other representatives, including a former supreme court judge, faith leaders, traditional leaders, leaders of civil society organisations and academics, I have the honour of being tasked with undertaking a nationwide consultation of the people and drafting the proposed amendments. 

The committee reflects Zambian society. Its diverse composition is important because the work of this committee is not an abstract exercise. Our constitution is the foundation of how we govern, how we share power, how we protect rights and how we hold leaders accountable. The constitution is also our most important tool for national development. When the constitution is weak, when it does not reflect social changes over time or does not help foster national development, the cracks show in disputed elections, in unequal representation, in the concentration of power, and in citizens feeling excluded from the decisions that shape their lives.  

Our committee has been given two central responsibilities.   

⁠First, to consult widely and openly with the people. This process cannot belong to politicians or technocrats. It must belong to the people. That means listening not only to formal stakeholders but also to ordinary citizens in towns, villages and communities who too often feel excluded from national decision-making. Consultation will not be a box-ticking exercise; it must be genuine, transparent and respectful. From Mongu to Lumezi, and from Livingstone to Mafinga, in the coming days committee members will deploy across the country to all 10 provinces to engage widely and ensure a truly national dialogue. 

As set out in the committee’s terms of reference, these discussions will focus on provisions relating to the following: the electoral process and electoral system, the terms of members of parliament and office of ministers, the handling of election-related petitions, the composition of local government and tenure of officials, the definition of “youth”, “child” and “adult”, and the tenure and qualification of constitutional officer holders. We will also receive submissions from citizens with respect to provisions that are connected or incidental to the aforementioned.

We will also conduct a technical and legal review of the relevant constitutional provisions and draw on the body of work that has already been done over decades, so that hard-won insights are not lost. The methodology set out in the terms of reference also provides for the consultation of both local and international experts on constitutional law and practice, as well as a review and benchmark of progressive constitutional provisions of other countries that will serve as suitable comparators.

On this basis we will draft amendments that close gaps and reflect consensus. The current constitution has well-known weaknesses. Citizens have voiced concerns about ministers remaining in office during election campaigns, creating an uneven playing field. Constituency boundaries have not kept pace with population growth, leaving some communities underrepresented and resources unfairly distributed. Many Zambians are also demanding stronger guarantees for women, young people and persons with disabilities to have a meaningful voice in parliament. These are not just technical details – they are fundamental questions that go to the heart of the society we want to be.   

The answers to these challenges must come from inclusive dialogue. We will draw on best practices from other countries, but ultimately the solutions must reflect Zambian realities and aspirations. A constitution is not a government project. It is a people’s charter.  

Of course, constitutional reform is not the only issue facing our nation. Zambia continues to confront the pressures of climate change, and the urgent need for jobs and energy security. But reforming our constitution is not a distraction from these priorities; it is a fundamental part of addressing them. A strong, clear and widely accepted constitution helps us manage resources fairly, resolve disputes peacefully and build the kind of stable governance that allows long-term solutions to take root.   

What will define the success of this process is whether Zambians believe it reflects their voice. That is the standard we should be judged by.    

This is an opportunity we cannot waste. The work ahead will not be easy, but it is necessary. As a committee, we are committed to listening deeply, guiding carefully and ensuring that the outcome strengthens democracy, protects rights and serves every Zambian equally.   

Constitutions are made by people, for people, and this exercise is our opportunity for every citizen to have a say. The outcome of this exercise must give us a constitution that fully belongs to the people of Zambia. DM

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