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A coalition of Civil Society Organisations on Governance has expressed disappointment over the Constitutional Court’s decision to discontinue the petition on initiating the constitutional amendment process.
The case, filed by Isaac Mwanza, was discontinued following allegations of hostility and bias by one of the judges.
Deputy Chairperson of the Civil Society Organisation on Governance and Executive Director of the Acton Institute for Policy Analysis Centre (AIPAC), Solomon Ngoma, said in a statement on Wednesday that a review of Mwanza’s affidavit made it clear that the petitioner could not receive a fair hearing due to events that unfolded in chambers.
Ngoma warned that the discontinuation leaves critical questions—particularly on the constitutionality of the amendment process—unanswered.
“One such question is whether all constitutional amendments require a technical committee. This is not a minor procedural matter but a fundamental constitutional issue,” he said.
He added that by avoiding a determination, the court missed an opportunity to provide clarity and reaffirm the principles of constitutionalism and the rule of law in Zambia.
Ngoma expressed concern over the impression that the court had become overly defensive when its decisions are challenged, stressing that Article 1(3) of the Constitution makes it clear that no arm of government, including the judiciary, stands above the law.
“The courts should ensure their decisions align with the Constitution and welcome legitimate constitutional challenges as a vital part of our democracy,” he said, recalling the Constitutional Court’s corrective role in the case concerning the late former President Edgar Lungu’s eligibility to recontest elections.
Ngoma emphasized that precedent should remain the standard for all proceedings, and citizens must feel empowered to challenge unconstitutional actions by any organ or institution of government in defense of the Constitution.
“In light of this case, we urge all judges to uphold the highest standards of conduct befitting their office. Threatening or intimidating a litigant is unacceptable and erodes public trust in the judicial system,” he said, encouraging the judiciary to remain accountable to both the people and the Constitution at all times.
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