Africa-Press – Zambia. ….Why ECZ can redraw boundaries without changing the Constitution
By Augustine Mwewa — Independent Aspiring Member of Parliament
In recent months, many citizens have asked whether the Electoral Commission of Zambia (ECZ) can carry out delimitation — the redrawing of constituency and ward boundaries — without changing the Constitution. This question is both important and timely, especially as our nation continues to grow in population and development.
The short answer is yes. The ECZ has constitutional authority to conduct delimitation exercises without amending the Constitution, provided it operates within the limits already set out in the supreme law of the land.
The Constitutional Basis
Article 58 of the Constitution of Zambia (Amendment) Act No. 2 of 2016 gives the ECZ this power in clear terms. It states:
“The Electoral Commission shall delimit the constituencies and wards for purposes of elections to the National Assembly and local authorities.”
This means ECZ can review and adjust boundaries for constituencies and wards to ensure fair and balanced representation. The same Constitution adds that the number of constituencies is to be prescribed by an Act of Parliament. Therefore, as long as ECZ operates within what Parliament has approved, no constitutional amendment is required.
Article 159 also reinforces this by providing for the delimitation of wards for local government elections. The framers of our Constitution anticipated that population growth, urban expansion, and community development would require periodic reviews — and they empowered ECZ to act accordingly.
The Electoral Process Act: Detailing the Procedure
While the Constitution gives the authority, the Electoral Process Act of 2016 provides the procedure. It guides ECZ on how delimitation should be carried out, emphasizing factors such as:
Population size and distribution
Geographical and community interests
Accessibility and communication links
Stakeholder consultation, including political parties and the public
After consultations, ECZ submits its report to the President and Parliament for information and record, ensuring transparency and accountability.
When a Constitutional Amendment Is Needed
A constitutional amendment only becomes necessary if delimitation goes beyond adjusting boundaries — for instance, if it changes the total number of constituencies or alters the structure of provinces and districts.
In such a case, Parliament must amend the relevant law (such as the Electoral Boundaries Act), or in some situations, amend the Constitution itself if the change affects constitutional definitions.
Why This Matters to Citizens
Delimitation ensures equity in representation. When populations grow unevenly, some constituencies may end up with far more voters than others, weakening the principle of “one person, one vote.” Through delimitation, ECZ ensures that each constituency represents roughly similar population sizes, making Parliament more balanced and democratic.
Key Takeaway
ECZ can conduct delimitation without changing the Constitution, as the Constitution already empowers it to do so. A constitutional amendment is only required if the exercise alters the overall structure of representation or the number of seats in Parliament.
Final Word
As citizens, we must remain informed and engaged. Understanding the difference between constitutional authority and statutory procedure helps us appreciate how governance functions in practice. The goal is not to politicize delimitation but to ensure that every Zambian’s voice carries equal weight in our democracy.
Augustine Mwewa
Bahati Independent Aspiring Member of Parliament
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