By Thandiwe Ketiš Ngoma
Africa-Press – Zambia. RE: The Unconstitutional Reintroduction of Constitution Amendment Bill No. 7
Dear Honourable Members of Parliament,
I write to convey profound concern, frustration, and disappointment regarding the Government’s decision to reintroduce Constitution Amendment Bill No. 7 of 2025—in its original form—despite the Constitutional Court having already raised grave concerns about the legality and procedural integrity of the process that produced it.
This letter sets out the legal, democratic, and moral reasons why proceeding with Bill No. 7 in its current form would be unconstitutional, destabilizing, and a violation of your oath as Members of Parliament.
Constitutional and Procedural Concerns
This decision is not merely questionable. It is a direct affront to constitutionalism. A Bill flagged by the Constitutional Court for serious constitutional defects should never return to the House unchanged.
Reintroducing the Bill disregards judicial authority, undermines the separation of powers, and signals a willingness to manipulate constitutional processes for political ends.
The Constitutional Court is not an advisory body; its decisions are binding on all arms of Government under Article 128. When the Court identifies constitutional impropriety, Parliament’s duty is to correct it, not ignore it.
The claim that Standing Order 122 prevents the introduction of a fresh Bill is legally baseless. Standing Orders are internal rules subordinate to the Constitution. They cannot be used as a shield to justify proceeding with a Bill whose foundation the Court has deemed unconstitutional. No procedural convenience can override constitutional supremacy.
Legal Position: Bill No. 7 Has No Validity in Its Current Form
Bill No. 7’s legal status is settled law, not a matter of interpretation or political convenience.
In Munir Zulu & Celestine Mukandila v. The Attorney General, the Constitutional Court held:
“The Constitution amendment process cannot be initiated without the participation of the People of Zambia through wide consultations… [we] come to the inescapable conclusion that this process is unconstitutional.”
The Court further clarified that any legitimate constitutional amendment must:
be founded on broad, nationwide public participation
be initiated by an independent, expert-driven body
comply with Articles 1, 2, 5, 7, 8, 9, 61, 90, 91, 92, and 118
respect procedural safeguards protecting the will of the people
By these standards, Bill No. 7 was not merely irregular—it was null.
Article 1(1) of the Constitution is explicit:
“Any act or omission inconsistent with this Constitution is void.”
Therefore, reintroducing Bill No. 7 without curing its constitutional defects is itself unconstitutional. No Standing Order or parliamentary procedure can override the supreme law or sanitize a process already condemned by the Court.
Proceeding with the Bill invites immediate legal challenge, potential nullification, and unmanageable institutional instability. This is not merely a procedural error—it is a constitutional crisis in the making.
Democratic and Moral Imperatives
Democracy rarely collapses in one dramatic event; it erodes quietly when institutions choose convenience over duty.
Honourable Members, you now face a defining moment. What message are you sending to the nation when you revive a Bill already denounced for violating the people’s right to participate? How can you justify voting for a Bill that may itself violate the Constitution—the very document you swore to protect? Do you intend to establish a precedent where judicial warnings are treated as optional?
Supporting Bill No. 7 in its current form risks weakening the doctrine of separation of powers, diminishing judicial authority, endangering the legitimacy of future elections, and eroding public trust in the legislative process.
The Constitution is not an obstacle to bypass—it is the foundation of our Republic.
Call to Action
History does not remember those who remained silent when constitutionalism was under attack. It remembers those who acted.
I urge every Honourable Member to insist that all constitutional defects in Bill No. 7 be remedied transparently, lawfully, and with full public participation before Parliament proceeds further. Stand for constitutional supremacy, not political expediency. Protect the integrity of Parliament and uphold the oath you took to defend the Constitution.
This moment demands courage, integrity, and loyalty—not to party or convenience, but to the Constitution and the people of Zambia.
Stand on the right side of history.
Stand for constitutionalism.
Stand for the people.
Yours faithfully,
Thandiwe Ketiš Ngoma
Source: The Zambian Observer – The Zambian Observer – Latest News from Zambia
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