Attorney-General, Mulilo Kabesha, has dismissed allegations that the government was secretly attempting to amend the Constitution to extend the presidential term limit, insisting that the constitutional reform roadmap was transparent, inclusive, and legally compliant.

Kabesha was responding to a petition filed in the Constitutional Court by incarcerated former Lumezi Independent Member of Parliament Munir Zulu and Tonse Alliance National Youth Chairperson, Celestine Mukandila.

The duo sought an injunction to halt the ongoing constitutional amendment process, arguing that it lacked broad-based public consultation.

They contended that the process violated Articles 8 and 9 of the Republican Constitution by failing to uphold democratic values and Zambia’s long-standing tradition of inclusive constitutional reviews.

Their petition was sparked by President Hakainde Hichilema’s March 8, 2025, remarks during International Women’s Day commemorations, in which he suggested that there was consensus among stakeholders to amend the Constitution.

Justice Minister, Princess Kasune later confirmed a draft amendment bill had been prepared and would soon be tabled in Parliament.

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Zulu and Mukandila also challenged a 2020 Constitutional Court ruling in the Law Association of Zambia and Chapter One Foundation Limited v The Attorney General, which held that the constitutionality of a bill cannot be contested prior to enactment.

They argued the ruling was flawed as it overlooked Article 2 of the Constitution, which requires all citizens to defend the Constitution.

Among other reliefs, the petitioners asked the court to declare the current review process unconstitutional, compel government to conduct broader consultations, and provide interpretations of Articles 128(1)(a), 128(3)(b), and Article 2 in the context of public participation.

In his response, Kabesha rejected the claims of inadequate consultation, stating that no final draft of the amendment bill had been prepared at the time the petition was filed.

He clarified that the constitutional review was not a partisan UPND initiative, but a government-led process guided by constitutional provisions.

Kabesha emphasized that legislative authority, including for constitutional amendments, is vested in Parliament as per Articles 62 and 79, and that amendment bills may originate from a private citizen, a Member of Parliament, a minister, or the President under Articles 88, 64, and 92 respectively.

He also traced the reform’s origins to a 2016 private member’s motion by the late Roger Mwewa, then-MP for Mwansabombwe, which sought to address constitutional lacunae, including the reinstatement of MPs on local councils.

Kabesha explained that the roadmap presented by Minister Kasune on March 26, 2025, includes input from the Electoral Commission of Zambia on constituency delimitation and representation of marginalized groups, drafting the amendment bill, publishing it in the Government Gazette for public comment, and eventually submitting it to Parliament for debate and scrutiny.

He stressed that the process involved wide stakeholder engagement—including women, youth, persons with disabilities, traditional leaders, academia, students, civil society, and political parties—and that the petitioners failed to cite any provisions requiring a different consultation framework.

Defending the 2020 court ruling, Kabesha argued that it remained legally sound and applicable, as the bill in question has yet to be gazetted.

He stated: “I verily believe that the factual matrix in the case of LAZ and Chapter One Foundation Limited v Attorney General (2019/CZ/0013) is highly distinguishable from the ongoing process, since in this case the bill is yet to be published in the Gazette as required under Article 79.”

Kabesha reaffirmed that there was no hidden agenda or attempt to alter the presidential term limit, adding that the government’s transparency would be further demonstrated once the bill is officially published.

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