Africa-Press – Zambia. The proposed amendment to Article 51(a) of the Constitution, which replaces the words “of the election” with “for nominations”, may seem technical on the surface. Yet its real-world impact is anything but minor. This small textual change fundamentally restructures the legal framework governing independent candidature and, if enacted, will create significant constitutional, political, and administrative complications ahead of the 2026 general elections.
1. The Amendment Moves the Disqualification Window Several Months Earlier
Under the current Constitution, a person qualifies to run as an independent candidate if they have not belonged to a political party for at least two months before election day.
Bill No. 7 moves this requirement backwards:
(a) The two-month period will now be measured before nomination day, not before the election.
(b) ECZ typically sets nomination days at least 90 days before polling.
(c) With Parliament dissolving in May 2026, nomination day will fall in May 2026, making February 2026 the new deadline for resigning from political parties for MPs intending to stand as Independent candidates in the next election.
This accelerates the resignation deadline by three to four months, creating a completely new and restrictive electoral reality.
2. The Amendment Creates Constitutional Instability for Sitting MPs
Article 72(2)(d) is unequivocal:
A Member of Parliament who resigns from their party automatically vacates their seat.
Therefore, MPs intending to stand as independent candidates in 2026 would be compelled to:
(a) resign from their political party by February 2026,
(b) thereby vacating their seats,
(c) three months before Parliament dissolves,
(d) leaving constituencies unrepresented during a crucial period of national decision-making.
This is an inconvenience as much as it is a forced early termination of representation created by the amendment itself. It introduces an internal contradiction in the Constitution between Article 51 and Article 72.
3. The Amendment Unfairly Penalises Candidates in Parties with Internal Disputes
The current unresolved situation in the Patriotic Front (PF) is a clear example of the dangers of this change.
With ongoing uncertainty regarding:
(a) who the legitimate office-bearers are,
(b) whether the party meets the eligibility requirements for nomination; and,
(c) whether PF will appear on the 2026 ballot,
party members cannot make informed decisions about their political future.
If the amendment stands, PF members, whether in Parliament or outside, wishing to safeguard their eligibility as independents must resign by February 2026, even if:
(i) the intra-party dispute remains unresolved,
(ii) the courts have not pronounced themselves, or
(iii) ECZ has not clarified the party’s status.
This forces individuals into hasty resignations based on fear, not informed choice. The same risks apply to UPND or any other political party where primary processes may be contentious or manipulated, or where individuals might feel dissatisfied with primary processes.
4. The Amendment Strengthens Party Control and Weakens Citizens’ Constitutional Rights
Article 51 exists to protect the right to stand as an independent, a right anchored in:
(a) Article 20 (freedom of association),
(b) Article 45 (free and fair elections), and
(c) Article 51(b) (general qualifications for nomination).
By shifting the disqualification date months earlier, the amendment:
(i) increases the gatekeeping power of political parties,
(ii) prevents aspirants from pursuing independent routes after flawed primary processes,
(iii) blocks citizens who are unfairly denied party adoption, and
(iv) turns internal party politics into a constitutional barrier.
This is a direct contraction of political pluralism and weakens Zambia’s democratic space.
5. The Amendment Has No Sound Constitutional Justification
There is no constitutional principle or administrative necessity that requires linking eligibility to nomination day.
The current system, calculating the two-month window before election day, has functioned effectively since 2016.
The only clear beneficiaries of this amendment are:
(a) political parties seeking to discipline or punish internal dissent,
(b) party elites who wish to consolidate control over candidate selection, and
(c) actors who prefer constrained rather than competitive political participation.
There is no democratic, legal, or electoral management justification for this shift.
6. The Amendment Fails the Article 11 Test for Limiting Constitutional Rights
Any restriction on a constitutional right must be:
(a) necessary,
(b) reasonable,
(c) proportionate, and
(d) justifiable in a democratic society.
Forcing citizens, especially sitting MPs, to resign months earlier, at the cost of representation and certainty, fails all four standards.
This renders the amendment constitutionally vulnerable and potentially open to judicial challenge.
Let me conclude by stating that the proposed amendment to Article 51 may appear small, but its consequences are far-reaching and deeply damaging:
(i) It compels premature resignations.
(ii) It disrupts parliamentary representation.
(iii) It intensifies internal party conflicts.
(iv) It restricts independent candidature.
(v) It empowers party elites at citizens’ expense.
(vi) It introduces legal uncertainty where clarity is essential.
In its current form, the amendment to Article 51 risks injuring our democratic processes rather than strengthening them. As we look at Second reading of the Bill after the Parliamentary Committee has concluded its work and report tabled on the floor of Parliament, this is one Clause that needs revisiting in order to safeguard the constitutional right of Zambians to participate freely, fairly, and independently in our electoral democracy.
By paying attention to detail and advancing substantive debate, we as Citizens, contribute meaningfully to improving the constitutional reform process currently under parliamentary scrutiny, rather than discarding both the bathwater and the baby.
Yours Truly,
Hon. Sunday Chanda, MP
Kanchibiya Constituency
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