JCTR’s Submission on Constitution Amendment Bill No. 7 of 2025

MONDAY, DECEMBER 15, 2025 - The Jesuit Centre for Theological Reflection (JCTR) formally submitted a memorandum to the National Assembly Select Committee on the Constitution of Zambia (Amendment) Bill No. 7 of 2025. This submission reflects JCTR’s long-standing commitment to constitutionalism, social justice, democratic accountability, and people-centred governance.

Grounded in Catholic Social Teaching and Zambia’s constitutional history, the memorandum provides a detailed analysis of the proposed amendments, assessing their implications for democracy, representation, separation of powers, human rights, and the rule of law.

Why This Submission Matters

The Constitution is the supreme expression of the will of the people of Zambia. Any amendment process must therefore be inclusive, transparent, principled, and people-driven. JCTR’s submission raises serious concerns about both the process and the content of Bill No. 7, particularly where proposed changes risk weakening democratic safeguards and concentrating power away from citizens.

While acknowledging a few progressive elements within the Bill, JCTR cautions that many provisions, if enacted, could fundamentally alter Zambia’s democratic architecture in ways that undermine representation, accountability, and citizen sovereignty.

Key Concerns Raised by JCTR

1. The Amendment Process

JCTR notes that the process leading to Bill No. 7 fell short of the constitutional requirement for broad-based public participation under Article 79 of the Constitution. The limited dissemination of the Bill and the rushed timelines undermine the spirit of participatory constitutionalism captured in the preamble: “We, the people of Zambia…”.

2. Electoral System and Representation

The proposed introduction of a mixed-member proportional representation system raises serious concerns. JCTR argues that:

• The system is complex and risks confusing voters.
• It weakens direct citizen representation and accountability.
• It shifts electoral power from voters to political parties.
• It risks creating unaccountable Members of Parliament without constituencies.

JCTR maintains that representation must remain anchored in direct elections, with citizens retaining the right to choose their leaders.

3. Curtailment of By-Elections

The proposal to replace by-elections with internal party appointments for most vacancies is viewed as a grave threat to democratic legitimacy. While cost-saving is cited as justification, JCTR stresses that democracy cannot be reduced to a fiscal inconvenience. Direct popular mandates must not be substituted with opaque party processes.

4. Separation of Powers and Decentralisation

Several amendments blur the separation of powers, particularly proposals to integrate Members of Parliament into local councils. JCTR warns that this would:

• Undermine decentralisation.
• Create conflicts of interest.
• Politicise local governance and development planning.

5. Term Limits and Executive Power

The removal of term limits for mayors and council chairpersons is considered retrogressive. JCTR cautions that eroding term limits at any level of governance risks normalising similar arguments at higher levels of power.

Progressive Provisions Acknowledged

JCTR acknowledges and supports certain amendments that enhance access to justice and administrative clarity, including:

• Requiring election petitions to be both heard and determined within set timelines.
• Requiring ministers and provincial ministers to vacate office before general elections to prevent abuse of public resources.
• Ensuring continuity in key public offices to avoid administrative vacuums.

JCTR’s Core Recommendations

Among its key recommendations, JCTR calls for:

• The rejection or substantial revision of provisions that weaken representation, accountability, and democratic checks and balances.
• Full operationalisation of Article 60 through comprehensive legislation to regulate political parties, campaign financing, and internal democracy.
• Retention of by-elections as a core democratic mechanism.
• Strengthening, not weakening, decentralisation and the separation of powers.
• A holistic, people-driven constitutional reform process rather than piecemeal amendments.

Conclusion

Constitution-making is an act of nation-building. JCTR’s submission urges lawmakers to reflect deeply on whether Bill No. 7 strengthens or undermines Zambia’s democratic foundations. While reform is sometimes necessary, it must always be guided by principles of justice, accountability, participation, and respect for the will of the people.

JCTR remains steadfast in its mission to promote a just Zambian society, guided by faith, where everyone enjoys the fullness of life.

Read the full JCTR submission on the Constitution of Zambia (Amendment) Bill No. 7 of 2025 here: