Constitutional Court Clears Path for Parliament to Advance Bill 7 Reforms
In a significant development, the Constitutional Court has dismissed an application seeking to halt Parliament's work on Bill 7, ruling that the attempt to cite Speaker Nelly Mutti and Members of Parliament for contempt was legally flawed.
Delivering judgment, Constitutional Court Judge Judy Mulongoti emphasized that the application invoked procedures applicable only to ongoing matters, whereas the Court's June 2025 ruling on procedural aspects of Bill 7 had already been concluded.
"The application is misconceived and cannot be entertained. I accordingly dismiss it," Justice Mulongoti stated, bringing clarity to Parliament's authority to continue legislative work on the constitutional amendments.
The ruling removes legal uncertainty that had threatened to derail Parliament's consideration of important constitutional reforms designed to strengthen Zambia's democratic institutions and governance framework.
Why Bill 7 Matters for Zambia's Future
The proposed constitutional amendments under Bill 7 represent a comprehensive effort to modernize Zambia's governance structures and address gaps that have emerged since the 2016 Constitution was adopted.
Key reforms include provisions aimed at enhancing the independence of constitutional offices, strengthening checks and balances between branches of government, and clarifying ambiguous constitutional provisions that have generated legal disputes.
The amendments also seek to improve the appointment processes for senior judicial and constitutional office holders, ensuring greater transparency and accountability in how these critical positions are filled.
Justice Minister Princess Kasune has emphasized that the reforms are designed to future-proof Zambia's constitutional framework, incorporating lessons learned from nearly a decade of operating under the current Constitution.
Parliamentary Process Continues
Following the Court's dismissal of the contempt application, First Deputy Speaker Malungo Chisangano confirmed that committee sittings on Bill 7 would proceed as scheduled, allowing MPs to scrutinize the proposed amendments thoroughly.
The parliamentary committee process provides an opportunity for comprehensive public input, ensuring that citizens' voices are heard as lawmakers refine the constitutional reforms.
MPs from across the political spectrum have expressed commitment to engaging constructively with the amendments, recognizing the importance of building broad consensus on constitutional matters that will shape Zambia's governance for generations to come.
Legal Clarity Enables Democratic Process
The Constitutional Court's decision affirms Parliament's constitutional role as the primary lawmaking body while respecting judicial oversight of constitutional processes.
Legal experts note that the ruling strikes an appropriate balance between judicial review and parliamentary sovereignty, allowing democratic institutions to function effectively within their respective mandates.
By dismissing the misconceived contempt application, the Court has enabled Parliament to focus on the substantive work of reviewing and refining the proposed constitutional amendments through proper legislative channels.
The government has reaffirmed its commitment to ensuring adequate public participation in the amendment process, with plans for extensive consultations as the Bill progresses through its remaining parliamentary stages.
Moving Forward
As Parliament resumes its work on Bill 7, the focus now shifts to the substance of the proposed reforms and their potential to strengthen Zambia's constitutional democracy.
The amendments represent an opportunity to address practical challenges that have emerged in implementing the 2016 Constitution while preserving its fundamental principles and protections.
With the legal obstacles now cleared, Zambians can look forward to robust parliamentary debate on reforms designed to enhance good governance, strengthen institutions, and secure the country's democratic future.