Brief History and Summary of the Constitution of Zambia (Amendment) Act No. 2 of 2016
Brief History
The Constitution of Zambia (Amendment) Act No. 2 of 2016 was enacted on 5th January 2016 and signed into law by then-President Edgar Lungu. This amendment was part of long-standing efforts to reform Zambia’s constitutional framework, addressing issues of governance, elections, and public service. Zambia had undergone multiple constitutional reviews, including the Mwanakatwe Commission (1993-1995) and the Mung’omba Commission (2003-2005), but meaningful reforms had been delayed due to political disagreements.
The 2016 amendment followed the Technical Committee on Drafting the Zambian Constitution (TCDZC) Report (2012-2013) and was intended to strengthen democracy, promote good governance, and enhance transparency in public administration. However, it was criticized for being passed through parliamentary amendment rather than a referendum, which left out certain proposed Bill of Rights changes.
Key Provisions and Summary of the 2016 Amendment
- Presidential Election and Governance Reforms
- Introduced the 50%+1 electoral threshold for a presidential candidate to win, requiring a second-round runoff if no candidate secures more than 50% of the votes.
- Established the position of Vice President as an elected official instead of an appointed one. The Vice President automatically assumes the presidency in case of a vacancy.
- Parliamentary and Local Government Reforms
- Mandated by-elections if an MP’s seat is vacated, unless a general election is close.
- Required mayors and council chairpersons to be directly elected by the people rather than appointed by councils.
- Public Service and Governance Principles
- Articles 173 and 216 established guiding values for public service, including accountability, professionalism, and impartiality in public office.
- Strengthened independent commissions like the Electoral Commission of Zambia (ECZ) and the Anti-Corruption Commission (ACC).
- Judiciary and Constitutional Court
- Created the Constitutional Court, separate from the Supreme Court, to handle constitutional disputes.
- Required that judges of superior courts retire at 75 years instead of 65.
- Decentralization and Provincial Administration
- Introduced devolution to grant more autonomy to provinces, with provincial ministers appointed to oversee development.
- Dual Citizenship
- Allowed Zambians to hold dual nationality, a significant shift from previous laws that required renunciation of other citizenships.
- Miscellaneous Provisions
- Fixed the date of general elections to the second Thursday of August every five years.
- Required the president to hand over power to the Speaker of Parliament in case of an election petition.
Impact and Controversies
- The 50%+1 requirement for presidential elections was tested in 2016, leading to Zambia’s first presidential runoff election.
- The amendment was criticized for being rushed through Parliament, with opposition parties arguing that it should have been subjected to a referendum.
- The Constitutional Court has played an increasing role in electoral and governance disputes, shaping Zambia’s legal and political landscape.
Conclusion
The Constitution of Zambia (Amendment) Act No. 2 of 2016 was a landmark reform aimed at enhancing democracy, governance, and public accountability. While it introduced progressive changes such as the 50%+1 presidential election rule, dual citizenship, and an independent Constitutional Court, some provisions remain contentious, and debates on further reforms continue.
