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Civil society groups demand withdrawal of NGO Bill 6, applaud constitutional court ruling on constitution amendment

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The Civil Society Organisations Coalition on the NGO Bill has called for the withdraw from Parliament of the Non-Governmental Organisations Bill No. 6 of 2025 to facilitate the review process.

The Coalition is of the view that the Bill, in its current form, is not only regressive but also poses a threat to the vibrancy, independence, and development contributions of civil society organisations in Zambia.

Advocates For Democratic Governance Foundation (ADEG) Executive Director, Gideon Musonda read the position paper on behalf of the Coalition during a media briefing in Lusaka.

Musonda acknowledged the importance of having a sound regulatory framework for non-governmental organisations to promote accountability, transparency, and coordination.

He, however, expressed deep concern that the current proposed law NGO Bill No.6 of 2025 threatened the very foundation of civic engagement, democratic participation, and the constitutional freedoms guaranteed to all Zambians.

Key Concerns

Some of our key concerns include:

Excessive Powers of Inspectors: Clause 9 grants inspectors sweeping powers to search premises and persons without sufficient judicial safeguards, violating privacy and opening the door to abuse.

Criminalisation of Administrative Errors: Provisions that impose harsh criminal penalties for minor administrative infractions are disproportionate and intimidatory in nature.

Mandatory Licensing and Renewal: The Bill introduces restrictive licensing provisions that violate the right to freedom of association as enshrined in Article 21 of the Zambian Constitution. NGOs should not be barred from operating merely for lacking a licence.

Burdensome Reporting Requirements: Imposing uniform, costly reporting and audit obligations on all NGOs, regardless of size or capacity, is unjust and unsustainable.

Ministerial Control Over Funding: Requiring ministerial approval for foreign funding and disclosing donor sources without clear safeguards undermines NGO independence and sustainability.

Contradictions on Self-Regulation: While the preamble claims to promote self-regulation, the Bill instead centralises control under government bodies contrary to regional and international standards,” Musonda said.

He proposed the need to simplify registration and reporting procedures, make licensing voluntary and non-punitive, and guarantee freedom to receive funding, either domestic or foreign without unnecessary restrictions.

Musonda stressed the need to replace criminal penalties with proportionate administrative measures, define vague and broad legal terms to prevent abuse and undertake inclusive consultations before enacting any regulatory framework for NGOs.

“Align the Bill with Zambia’s constitutional obligations and international human rights commitments,” he said.

Musonda stated that the Bill was incompatible with Zambia’s obligations under the International Covenant on Civil and Political Rights (ICCPR), the African Charter on Human and Peoples’ Rights, and the UN Declaration on Human Rights Defenders.

He said it also deviated from best practices in countries such as South Africa and Ghana, where NGO regulation largely respects voluntary registration, independence, and cooperation, rather than control.
“Implications for Democracy and Development

If passed in its current form, the NGO Bill 2025 will reportedly:

· Shrink civic space and silence critical voices.

· Undermine advocacy, accountability, and the watchdog role of civil society.

· Threaten grassroots development efforts and service delivery.

· Undermine Zambia’s democratic credibility and international standing,” Musonda highlighted.

Read More : ‘Your constitutional reforms process flawed,’ Constituonal Court orders Hichilema to adopt independent, people-led approach

The Consortium is comprised of: Advocates For Democratic Governance Foundation (ADEG), Zambia Council for Social Development (ZCSD), CARITAS Zambia, Centre for Young Leaders (CYLA), and Zambia National Women’s Lobby (ZNWL).

Others are Operations Young Vote (OYV), Southern Africa Cross Border Traders Association (SACBTA), Media Institute for Southern Africa (MISA), Common Cause Zambia (CCZ), Foundation for Democratic Process (FODEP), People’s Initiative Charter (PIC), Christian Churches Monitoring Group (CCMG), Youth Life Project (YLP), Bloggers of Zambia, PANOS Institute of Zambia, Media Initiative for Women of Zambia (MIWOZ), National Action for Quality Education in Zambia (NAQUEZ), and Free press initiative (FPI).

 

Meanwhile, Operation Young Vote (OYV) has commended the Constitutional Court’s judgment declaring the constitutional amendment process under Bill No. 7 of 2025 as unconstitutional.

OYV Executive Director, Guess Nyirenda, said the ruling has effectively overshadowed President Hakainde Hichilema’s earlier decision to halt the amendment process, reinforcing the principle of inclusive governance.

Nyirenda stated that the judgment delivered by Constitutional Court President Professor Margaret Munalula highlighted the lack of broad-based consultations and mandatory stakeholder engagement in the now-defunct constitutional reform process.

“This is a position that OYV, together with other well-meaning stakeholders, including Civil Society Organisations (CSOs), the Church, and the Law Association of Zambia (LAZ), had consistently championed,” Nyirenda said.

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