Africa-Press – Zambia. ….Article 3 of the Constitution is violated when government officials implement a law that has already been declared “unconstitutional”
Kitwe… Tuesday December 2, 2025 (SMART EAGLES)
Green Party President Peter Sinkamba has issued a sharp warning to the government, alleging that continued efforts to implement Constitutional Amendment Bill No. 7, despite its nullification by the Constitutional Court, amount to an act of treason.
Mr. Sinkamba argued that Article 3 of the Constitution, which protects the sovereignty of the Republic, is violated when government officials implement a law that has already been declared “unconstitutional, illegal, null and void.”
“Implementing Bill 7 after it was declared unconstitutional, illegal, null and void is an act of treason,” Mr. Sinkamba told Smart Eagles in a statement.
“The President and all officials involved swore to protect and defend the Constitution of Zambia. Continuing with this process is a direct breach of that duty.”
He added that President Hakainde Hichilema is surrounded by some of the country’s most senior legal minds, including the Attorney General, Solicitor General, and Judicial Complaints Commission Chairperson Vincent Malambo, and urged them to advise the Head of State to abandon the process.
“My appeal to the Attorney General, Solicitor General, State Counsel Malambo, and all other lawyers close to President HH is that, please, sit down with him and advise him to back out of this treasonous act,” he said.
Mr. Sinkamba drew parallels with the 2017 treason case involving Mr. Hichilema, explaining that he had previously opposed the charges because the essential elements of treason particularly an overt act were not present.
In contrast, he argued, government actions on Bill 7 meet the threshold.
According to him, the alleged “overt act” includes organising and operationalising the Technical Committee tasked with public consultations on the bill, despite the Constitutional Court ruling.
“Appointment of the Technical Committee itself was not treason. But the moment the Committee started implementing its so-called public consultations, the overt act was set in motion. The public handover of the Committee’s report to the President provides crucial evidence,” he stated.
Mr. Sinkamba further claimed that attempts to resist the execution of the Constitutional Court judgment, including mobilizing institutions and actors to continue pursuing Bill 7, fall within the traditional common-law understanding of treason.
“The judgment is public law. Resisting its implementation is treasonous. Organising bodies such as the Technical Committee, civil society groups, or factions of parliamentarians to resist the Concourt judgment is treasonous,” he said.
The Green Party leader also insisted that Bill 7 currently deferred in Parliament cannot be amended following its nullification and must instead be withdrawn.
“If it is withdrawn, no other bill substantially the same must be brought during this session. Every effort being made now is either futile or otherwise treasonous,” he argued.
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