By 
Socialist Party president, Dr Fred M’membe, has called on the Law Association of Zambia (LAZ) to take a clear and proactive position in defence of Zambia’s constitutional democracy, particularly the protection of presidential term limits under Article 106 of the Constitution.
In a letter dated November 2, 2026, addressed to LAZ president, M’membe asked the Association’s Council to convene an Extraordinary General Meeting (EGM) to deliberate on any proposed amendments to Article 106 and determine its position.
He expressed concern over public calls by ruling party officials and supporters for President Hakainde Hichilema to remain in office beyond 2031, arguing that the developments made it necessary for key institutions to take a firm stand in protecting the Constitution.
M’membe cited a petition presented to Parliament on October 28, 2026, by the Zambia Youth Organisation Consortium through nominated Member of Parliament Francis Kope, seeking the removal of presidential term limits.
He claimed that Kope had undertaken to initiate the process of having the petition presented to the National Assembly.
“The removal of term limits for mayors and council chairpersons through the Constitution of Zambia (Amendment) Act No. 13 of 2025 demonstrated the importance of vigilance whenever constitutional safeguards were at risk of being weakened,” M’membe observed.
On the constitutional requirements for amending Article 106, M’membe referred to Article 79, which prescribes procedures for constitutional amendments, including the requirement for a two-thirds majority of all members of the National Assembly at the relevant readings.
He also cited the Constitutional Court’s June 2025 judgment concerning Bill 7, which he said underscored the importance of wide public consultation before constitutional amendments were initiated.
“The protection of presidential term limits should not be left to chance, stressing that constitutional changes affecting the tenure of the Republican President required serious public scrutiny and broad national consultation,” M’membe said.
He urged LAZ to publicly state its position on whether any proposed changes to presidential tenure should proceed without a national referendum, arguing that an office of such national importance should not have its constitutional limits reshaped by a parliamentary majority without the direct consent of the people.
Recognising the need for a broad national response, M’membe proposed that LAZ engage the Zambia Conference of Catholic Bishops, the Council of Churches in Zambia and the Evangelical Fellowship of Zambia.
He also proposed engaging the Non-Governmental Gender Organisations’ Coordinating Council (NGOCC) and organisations that previously worked together under the Oasis Forum in 2001.
He said such engagement could help determine whether a common platform was once again necessary to defend constitutionalism, democracy and the rule of law.
“The SP respected the independence of LAZ and was not asking the Association to adopt the position of any political party, but to discharge its mandate independently and uphold principles of constitutional governance,” M’membe emphasised.
He recalled that LAZ, alongside church mother bodies and the NGOCC, played an important role in the national effort to protect presidential term limits in 2001.
M’membe added that the Socialist Party would be willing to participate in any common platform that emerged without seeking to lead or claim ownership.
He requested a written response from the LAZ Council within seven days of the date of his letter and indicated that he would make the letter public and share the Council’s response once received.
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