Africa-Press – Zambia. The Constitutional Court has ruled that the Constitution Amendment Bill No. 7 of 2025 is a legal nullity, citing its failure to meet the constitutional requirement of wide public consultation. The landmark judgment, delivered on 27 June 2025 in the case of Munir Zulu and Celestine Mukandila v. Attorney General (2025/CCZ/009), has triggered strong reactions and guidance from the Law Association of Zambia (LAZ).Zambian art and crafts marketplace
According to the Constitutional Court, the government’s move to initiate constitutional amendments without first conducting broad-based public consultations violated several provisions of the Zambian Constitution, including Articles 1, 2, 5, 7, 8, 9, 61, 90, 91, and 92. The Court stressed that the people not the Executive or Legislature are the principal owners of the Constitution and must drive any amendment process.
In response to the ruling, LAZ has issued a detailed press statement, cautioning the government against proceeding with any further constitutional reforms that are not people-led. The Association emphasized that any legitimate amendment process must be preceded by “tangible and visible” consultations and led by an independent committee of experts.
“The people are the owners of the decision to do away with or introduce a provision in the Constitution,” LAZ stated, supporting the Court’s assertion that the role of the Executive and Legislature is merely to facilitate not initiate such amendments. The judgment likened the failed process to an attempt to bypass the will of the people, undermining democratic principles and constitutionalism.
The Court recommended a return to frameworks similar to the previous Technical Committee on Drafting the Zambian Constitution, arguing that only a thorough, structured, and participatory national engagement process can grant legitimacy to constitutional amendments. Such engagement, the Court said, must include district, provincial, and national-level discussions before progressing to the formal process outlined in Article 79 of the Constitution.
Given the judgment, LAZ stated unequivocally that Bill No. 7 of 2025 is null and void. Although it has been deferred in Parliament, it cannot be relied upon as a foundation for future reforms. The Association urged government officials to halt any further constitutional amendment attempts until after the 2026 general elections.
“We recommend the postponement of all constitutional reform efforts to allow for a holistic, inclusive, and people-driven process,” said LAZ President Lungisani Zulu in the statement. He further advised that any future reforms should also aim to expand the Bill of Rights, particularly to include economic and social rights, and should enjoy broad consensus from political players and stakeholders.
LAZ also raised fiscal concerns, warning that undertaking such an extensive process so close to an election could place unnecessary strain on an already burdened national budget. “The financial impact of constitutional changes must be carefully weighed against the country’s competing development priorities,” the statement read.
The Association concluded that any further attempts to amend the Constitution must reflect the Court’s guidance and be rooted in democratic values, transparency, and broad-based participation. LAZ emphasized that it remains committed to defending the rule of law and safeguarding constitutional integrity, in line with its statutory mandate under Section 4 of the Law Association of Zambia Act.Zambian art and crafts marketplace
This judgment is seen by many legal analysts and civil society actors as a significant milestone in reaffirming the supremacy of the Constitution and the central role of citizens in shaping the nation’s legal and democratic framework.
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