Technical Committee Recommends Retaining By-Elections in Historic Constitutional Review
Comprehensive consultation process delivers groundbreaking recommendations to strengthen Zambia's democracy
The Technical Committee on Consulting and Drafting Amendments to the Constitution of Zambia has published its landmark report, following an unprecedented nationwide consultation that saw over 11,864 submissions from Zambians across all ten provinces.
The report, submitted to President Hakainde Hichilema on 25th November and published today, charts a path forward for constitutional reforms aimed at consolidating democracy, enhancing representation, and ensuring effective governance across all levels of government.
By-Elections to Remain Despite Cost Concerns
In one of its most significant findings, the Committee has recommended maintaining the current constitutional provisions on by-elections, despite widespread public concerns about their frequency and cost.
The Committee acknowledged that many Zambians expressed dissatisfaction with by-elections, citing their high cost to the national treasury, the diversion of resources from critical sectors such as health, education and infrastructure, and the political tension that often accompanies electoral campaigns. Numerous submissions proposed alternative mechanisms, including allowing runner-up candidates to assume vacant seats or permitting political parties to nominate replacements.
However, after careful consideration of all perspectives, the Committee concluded that by-elections represent a fundamental part of Zambia's constitutional democracy. The report states, "The conduct of by-elections, though costly, remains a cornerstone of Zambia's constitutional democracy. It is through by-elections that the nation gives effect to Article 45(1)(a) and Article 60(1)(b) ensuring that democracy is not merely a constitutional ideal but a lived reality for all citizens.”
The Committee warned that abandoning by-elections would weaken democratic accountability and contradict the very principles upon which Zambia's constitutional order stands.
Transformative Changes to Parliamentary Representation
While maintaining by-elections, the Committee has proposed sweeping reforms to enhance parliamentary representation, particularly for historically marginalised groups.
The report recommends introducing a Mixed Member Proportional Representation system that would see the National Assembly expand to include:
226 constituency-based Members of Parliament elected through the current first-past-the-post system
40 reserved seats distributed through proportional representation, comprising:
16 seats for women
12 seats for youth
12 seats for persons with disabilities
Up to 10 nominated Members of Parliament (increased from the current eight)
The Vice-President, Speaker, and Deputy Speakers
This innovative approach combines direct constituency representation with proportional representation to ensure that women, young people, and persons with disabilities gain meaningful access to legislative participation.
Delimitation and Constituencies to Address Population Growth
Recognising Zambia's rapid population growth from 13.1 million in 2010 to an estimated 19.6 million in 2022, the Committee has recommended comprehensive constituency delimitation to ensure equitable representation.
The report proposes locking the number of constituencies at 226 in the Constitution itself, providing certainty while allowing for periodic boundary reviews. The Electoral Commission would be required to review constituency and ward boundaries at intervals of not more than ten years, ensuring that representation keeps pace with demographic changes.
Strengthening Electoral Integrity and Governance
Among other key recommendations, the Committee proposes:
Extending the timeframe for filing Presidential Election Petitions from 14 to 21 calendar days
Abolishing term limits for Mayors and Council Chairpersons
Clarifying the definitions of youth (18-34 years), child (under 18) and adult (18 and above)
Ensuring continuity of the Attorney-General and Solicitor-General until successors assume office
Allowing Ministers to be appointed from outside Parliament, subject to ratification
A Model of Inclusive Consultation
The constitutional review process itself represents a remarkable achievement in participatory democracy. The Committee held both physical and virtual sittings across all ten provinces, with virtual platforms connecting all 116 districts simultaneously.
Of the 11,864 submissions received, 2,181 came through public sittings conducted in English, local languages and sign language, 3,667 through submission boxes placed in every district, and 6,016 through the Committee's official website and email platform, enabling Zambians living abroad to contribute.
"The submissions received ensured that the review process was inclusive, representative, and informed by varied perspectives of Zambians," the report notes, acknowledging contributions from civil society organisations, political parties, religious and traditional leaders, women's organisations, persons with disabilities, freedom fighters, and individual citizens.
Government Praised for Democratic Approach
The Technical Committee, chaired by Hon. Justice Christopher S. Mushabati (Rtd) and comprising 18 members representing diverse sectors of society, was appointed by President Hichilema on 2nd October 2025 with a mandate to consult the people and benchmark best constitutional practices.
The comprehensive nature of the consultation process stands in stark contrast to previous constitutional reform efforts and demonstrates the Hichilema administration's commitment to inclusive governance and constitutional democracy. By empowering a broadly representative Technical Committee and facilitating nationwide participation through multiple platforms, the government has ensured that these proposed amendments truly reflect the aspirations of the Zambian people.
The report also includes recommendations on matters outside its original terms of reference but raised by citizens during consultations, further demonstrating the government's openness to public input.
Next Steps
The report, together with a Draft Constitution (Amendment) Bill, 2025, was submitted to the parliamentary select committee for further scrutiny on Friday. This group of MPs from across political parties will publish their findings on Friday 12th December before the proposed constituional amendments are debated in the National Assembly from Monday 15th December.
As Zambia continues its democratic journey, this constitutional review process may well serve as a model for other nations seeking to strengthen their democratic institutions through genuine citizen participation and evidence-based reform.