HH Appoints Expert Committee to Deliver Inclusive Constitutional Changes

In a significant move that signals a fresh start for constitutional reform, President Hakainde Hichilema has appointed a 25-member Technical Committee tasked with consulting citizens nationwide and drafting amendments to the Constitution of the Republic of Zambia.

The appointment, made under Articles 92(1), 92(2)(f), and 92(2)(i) of the Constitution, represents the government's response to widespread calls for a more inclusive, people-driven approach to constitutional change.

Learning from Recent Setbacks

This initiative comes in the wake of the Constitutional Court's landmark ruling in June 2025, which declared the government's Constitution Amendment Bill No. 7 unconstitutional due to inadequate public consultation. The Court emphasized that the people, not the Executive or Legislature, are the principal owners of the Constitution and must drive any amendment process.

Bill No. 7, which had proposed increasing National Assembly seats from 156 to 211 and introducing a mixed-member proportional representation system, faced opposition from civil society organizations, opposition parties, and legal associations. Critics raised concerns about provisions that could centralize executive power, including changes to nominated MPs and parliamentary procedures.

The Constitutional Court recommended a return to frameworks similar to previous technical committees, arguing that only a thorough, structured, and participatory national engagement process can grant legitimacy to constitutional amendments. The newly appointed Technical Committee appears designed precisely to meet this standard.

A Committee Built on Diversity and Expertise

The Technical Committee brings together an impressive array of legal minds, civil society leaders, traditional authorities, and faith-based representatives, signaling a genuinely inclusive approach to constitutional reform.

Retired Supreme Court Judge Christopher Sichimwa Mushabati will chair the committee, bringing decades of judicial wisdom and constitutional expertise to the role. Dr. Landilani Banda will serve as Vice Chairperson and Spokesperson, ensuring effective communication with the Zambian public throughout the consultation process.

The committee's composition reflects Zambia's rich diversity. Traditional leaders including HRH Chief Chamuka and HRH Chief Nyampande will ensure that customary perspectives are represented. The inclusion of multiple faith leaders – Father Cletus Mwiila, Bishop Paul Mususu, Reverend Ackson Banda, Apostle Charles Ndandula, and Mufti Ikram Sanaullah – recognizes the important role of religious communities in Zambian society.

Legal experts, academics, and civil society representatives including Dr. Felicity Kalunga, Ms. Eva Jhala, Mr. Douglas Tambulukani, and Mr. Ngande Mwanajiti bring technical expertise and grassroots perspectives to the table. Notably, the committee includes Mr. Isaac Mwanza, a governance expert who has been actively engaged in constitutional debates.

Addressing Constitutional Concerns the Right Way

Earlier this year, Justice Minister Princess Kasune had outlined proposals to address what the government described as "non-contentious issues" in the Constitution, including electoral procedures and parliamentary composition. However, the rushed timeline and limited consultation raised serious concerns about the legitimacy of the process.

The Law Association of Zambia welcomed the Constitutional Court's ruling and called explicitly for future constitutional reforms to be "people-driven and led by an independent committee of experts." The current appointment directly addresses this recommendation.

Putting People First

What distinguishes this new initiative is its emphasis on consultation before drafting. The committee's mandate explicitly requires members to "widely consult the People," ensuring that constitutional amendments emerge from genuine dialogue with citizens across all provinces and walks of life.

This participatory approach represents a methodological shift from the Bill No. 7 process, where consultation was seen as inadequate and after-the-fact. By establishing an independent technical committee with a clear mandate to consult first and draft second, the government signals its commitment to constitutional supremacy and the rule of law.

The diverse composition of the committee – spanning legal expertise, traditional leadership, religious communities, civil society, and governance specialists – positions it to facilitate meaningful national dialogue on constitutional matters.

A Path Forward for Democratic Reform

Zambia's constitutional journey has been marked by passionate debate over the best way to update the nation's supreme law. The current 2016 Constitution, while representing significant progress, has been recognized by various stakeholders as requiring refinement in certain areas.

The key lesson from the Bill No. 7 experience is clear: constitutional reform cannot be rushed, and it cannot proceed without genuine public participation. The Constitutional Court's ruling has established important precedents about the process required for legitimate constitutional change.

By appointing this broad-based Technical Committee with an explicit consultation mandate, President Hichilema demonstrates responsiveness to both the Court's guidance and public concerns. The committee's independence and diverse composition should enable it to facilitate the kind of wide-ranging national conversation that the Constitution requires and that citizens deserve.

Building Consensus for Lasting Reform

The success of this endeavor will depend on the committee's ability to conduct transparent, accessible consultations that genuinely capture diverse Zambian perspectives. The inclusion of traditional leaders, religious figures, legal experts, and civil society representatives on the committee itself suggests a commitment to hearing from all sectors of society.

As the committee begins its important work, Zambians across the nation will have the opportunity to shape constitutional amendments that reflect their values, aspirations, and concerns. This process offers a chance to build the broad-based consensus that has been missing from previous reform attempts.

The appointment of this Technical Committee marks not just a new chapter in Zambia's constitutional evolution, but a reaffirmation of fundamental democratic principles: that the Constitution belongs to the people, that legitimate reform requires their meaningful participation, and that democratic governance thrives when institutions respect constitutional boundaries.

The nation now looks forward to engaging with the committee as it embarks on this historic consultation process, hopeful that this time, constitutional reform will truly reflect the will of the Zambian people.