Technical Committee Terms of Reference published, reflects contents of deferred Bill No. 7

By BARNABAS ZULU

GOVERNMENT has published the official Terms of Reference for the newly constituted Technical Committee on Amendments to the Constitution of Zambia.
However, the content of the document closely reflects provisions previously proposed under the rejected Bill No. 10, which remains deferred on the floor of Parliament.
The Technical Committee on Constitutional Amendments, 2025, has been established to facilitate a consultative and inclusive constitutional review process.
According to the report released by the government, the purpose of the committee is to “strengthen constitutional democracy, enhance citizen participation, and ensure that the supreme law of the land reflects the aspirations, diversity and evolving governance needs of the people.”
The committee has been tasked with carrying out consultations, reviewing constitutional provisions and drafting proposed amendments.
The scope of work includes facilitating nationwide engagements with citizens, political actors, civil society, religious and traditional leaders, and professional bodies.
In the published document, Government outlines that: “In order to amend the Constitutional provisions that have a bearing on the political, economic and social development of the country, the Technical Committee’s specific Terms of Reference are as follows: 1. Receive submissions from the People of Zambia with respect to provisions relating to the electoral process and the electoral system as a whole, and specifically provisions relating to:
1.1 The delimitation and delineation of constituencies and wards with a view to ensure fair, equitable and balanced representation and distribution of resources across the republic.
1.2 The promotion and enhancement of effective participation of women, youths and persons with disabilities in elective positions and governance institutions in accordance with the principles of inclusivity, equality and equity.
1.3 By-elections considering various factors such as cost of by-elections. 1.4 The number of nominated Members of Parliament. 1.5 The filing in of fresh nominations after the resignation of a candidate in Presidential, Parliamentary and local government elections.
1.6 Transitional and statutory mechanisms with a view to ensure predictability and clarity in the term of office of all elected representatives. 2. Receive submissions from the people of Zambia with respect to provisions of the Constitution relating to the term of Member of Parliament and office of Minister. 3. Receive submissions from the people of Zambia with respect to provisions of the Constitution relating to the hearing of Presidential, Parliamentary and local government election petitions with a view to enhance the administration of justice in such election petitions.
4. Receive submissions from the people of Zambia with respect to the composition of local government and the tenure of office of local government officials.
5. Receive submissions from the people of Zambia with respect to the definition of youth, child and adult.
6. Receive submissions from the people of Zambia with respect to constitutional office holders, specifically the tenure of office of Attorney General and Solicitor General, and the qualifications of the Secretary to the Cabinet.
7. Receive submissions from the People of Zambia with respect to provisions of the Constitution that are connected or incidental to the above areas.”
The Committee is expected to be guided by principles outlined in Articles 8 and 198(d) of the Constitution, with emphasis on morality, ethics, patriotism, democracy, human rights, social justice, good governance, sustainable development, and prudent use of public resources.
Additionally, the report states that the methodology for the constitutional review will include literature reviews, consultations with local and international experts, provincial and district-level engagements, and a comparative study of other countries’ constitutional provisions.
“The Technical Committee shall observe, apply and cause to be observed and applied… efficiency and cost-effectiveness, accountability and responsibility to the People of Zambia, and confidence building, trust and developing national consensus for the constitutional amendment process.”
While the process is intended to promote inclusivity, accountability and democratic consolidation, the content of the Terms of Reference suggests a return to many of the reform areas that were central to the failed Bill No. 10, including changes to representation, election procedures, and the role of constitutional office holders.
The Committee’s final deliverables include a report with proposed constitutional amendments and justifications, as well as recommendations based on national consultations and comparative constitutional practices.