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Governance activist, Isaac Mwanza, has petitioned the Constitutional Court, challenging its majority ruling on the now-shelved Constitution of Zambia (Amendment) Bill No. 7 of 2025, calling the decision unconstitutional and an overreach into legislative and executive functions.
In a petition filed on Tuesday, Mwanza argued that the Court erred in declaring that wide public consultations must precede the initiation of a constitutional amendment — even before a bill is drafted.
He claimed this interpretation violates Articles 62(2) and 91(2) of the Constitution and unlawfully restricts the powers of the President, Members of Parliament, Ministers, and citizens to propose constitutional amendments.
Mwanza further contended that the Court’s majority judgment in Munir Zulu and Celestine Mukandila v. The Attorney General was rendered per incuriam — decided without due consideration of relevant constitutional provisions such as Articles 64(1), 88(1), and the Standing Orders of the National Assembly.
He argued that the judgment introduced a legal absurdity by requiring prior public consultations through a Technical Committee not established under the Constitution, thereby creating procedural hurdles that prevent even minor constitutional amendments.
“The Constitution does not mandate public consultations before a bill is introduced. Public participation is facilitated by the National Assembly during the legislative process,” Mwanza stated.
He accused the Court of judicial overreach for imposing a rigid, uniform consultation framework more suited to constitution-making than to ordinary amendment processes, which traditionally involve less elaborate public engagement.
Citing global examples, Mwanza pointed out that democracies such as the United States, South Africa, Ghana, and Malawi allowed constitutional amendments to be initiated by elected officials or citizens without requiring pre-drafting consultations by statutory bodies.
The petition raises concerns that the Court’s ruling effectively imposes procedural legislation — a move Mwanza argues violates the separation of powers and undermines parliamentary sovereignty guaranteed under Article 62(2).
Mwanza is seeking a declaration that the Constitutional Court’s June 27, 2025 decision be set aside for lack of constitutional basis.
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He has posed seven legal questions for the Court’s consideration, including whether the ruling blurred the distinction between constitution-making and constitutional amendment processes, and whether it violates democratic principles and constitutionalism.
The petition comes amid renewed debate on constitutional reform, following President Hakainde Hichilema’s decision to defer Bill No. 7 after civil society groups raised concerns over limited public participation.
Mwanza, however, maintains that the Constitution already ensures sufficient public involvement once a bill is presented in Parliament.
He urged the Court to uphold the rights of elected officials and citizens to initiate legislative changes without being subjected to procedural barriers not prescribed by law.
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