The Constitution of Zambia (Amendment) Bill No. 10 of 2019

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Constitution of Zambia (Amendment) Bill, N.A.B. No. 10 of 2019
Long title A Bill to amend the Constitution of Zambia; and to provide for matters connected with, or incidental to, the foregoing.
Citation
Enacted by
Territorial extent
Commenced
Status Failed at Second Reading (29 October 2020)


The Constitution of Zambia (Amendment) Bill, N.A.B. No. 10 of 2019—commonly called Bill 10—was a wide-ranging proposal to amend the 2016 Constitution. It was published in the Government Gazette on 21 June 2019 and given its First Reading in the National Assembly on 2 August 2019.[1][2] On 29 October 2020 the bill failed to attain the constitutionally required two-thirds majority at Second Reading and therefore did not pass into law.[3]

Background

Following adoption of the 2016 Constitution, Parliament in November 2016 resolved to address lacunae and technical issues through a structured amendment process. In April 2019, the National Dialogue (Constitution, Electoral Process, Public Order and Political Parties) Act created the National Dialogue Forum to validate a draft Constitution Amendment Bill. The Forum’s draft was gazetted on 21 June 2019 in compliance with Article 79(2), and the bill received First Reading on 2 August 2019.[4][5]

Content

The Parliamentary Select Committee’s report summarised Bill 10’s objects and salient provisions, including proposals to:[6]

  • Revise the Preamble and Article 4 by replacing “multi-religious” with “Christian,” and include “Christian morality and ethics” among national values (Articles 1, 4, 8).[7]
  • Change electoral systems by introducing mixed-member representation for the National Assembly, with reserved seats for women, youth and persons with disabilities, in addition to constituency MPs (Article 47).[8][9]
  • Revise dissolution of the National Assembly and related timelines; extend time for hearing a presidential election petition (from 14 to 30 days proposed).[10]
  • Re-introduce deputy ministers and revise Cabinet composition (Articles 116–117).[11]
  • Transform the Drug Enforcement Commission into an Anti-Drugs, Economic and Financial Crimes Agency and re-define its status within the security services architecture.[12]
  • Revise functions of the Bank of Zambia (BoZ)—retaining core monetary policy in the Constitution while moving other functions to statute—an approach the Select Committee warned could dilute constitutional safeguards.[13]
  • Adjust oversight bodies, including proposed changes to the Judicial, Parliamentary and Civil Service Commissions and the Gender Equity and Equality Commission.[14]

Analysts and civil-society critics argued the package weakened checks and balances and over-empowered the Executive—particularly in parliamentary oversight and financial governance—while supporters framed it as a clean-up and inclusion initiative (PR and reserved seats).[15][16]

Legislative history

  • First Reading: 2 August 2019; subsequently referred to a Parliamentary Select Committee which held 26 meetings and received extensive submissions.[17]
  • Court challenges: Petitions by the Law Association of Zambia and Chapter One Foundation were dismissed by the Constitutional Court on 3 July 2020, allowing the bill to proceed.[18][19]
  • Re-gazetting: On 12 June 2020 Government re-gazetted the bill with proposed amendments for consideration at Second Reading.[20]
  • Second Reading vote (failure): On 29 October 2020, the bill received 105 ‘Yes’ votes, short of the two-thirds (111) required, and therefore failed.[21][22]

Stakeholder positions

Church mother bodies, the Law Association of Zambia, and civil-society groups urged withdrawal of the bill, citing risks to constitutionalism and electoral integrity; Professor Muna Ndulo’s detailed critique became a touchstone for opponents.[23][24] Government defended the proposals as necessary to cure defects in the 2016 Constitution, enhance inclusion via PR and reserved seats, and streamline the constitutional text by relocating certain policy details to ordinary statutes.[25]

Legacy

Bill 10’s failure became a reference point for later reform efforts. Commentators have compared elements of Constitution (Amendment) Bill No. 7 of 2025—notably mixed-member proportional representation and reserved seats—to provisions earlier advanced in Bill 10, underscoring enduring tensions between inclusivity and concentration of power in Zambia’s constitutional politics.[26][27]

See also

References

  1. ↑ National Assembly of Zambia, “The Constitution (Amendment) Bill, 2019,” bill page (objects and text outline). https://www.parliament.gov.zm/node/8067
  2. ↑ Report of the Parliamentary Select Committee Appointed to Scrutinise the Constitution of Zambia (Amendment) Bill, N.A.B. No. 10 of 2019 (Fourth Session, Twelfth National Assembly), pp. 1–3 (gazetting and first reading timeline). https://eliasmunshya.org/wp-content/uploads/2019/12/report_on_the_constitution_of_zambia_amendment_bill_nab_10_3rd_edition1-1.pdf
  3. ↑ “Zambia: Govt’s Controversial Bid to Amend Constitution Flops,” *AllAfrica*, 30 Oct 2020 (105 MPs voted ‘Yes’, short of the 111 required). https://allafrica.com/stories/202010300630.html
  4. ↑ Parliamentary Select Committee Report on N.A.B. No. 10 of 2019, pp. 3–9 (process history and objects). https://eliasmunshya.org/wp-content/uploads/2019/12/report_on_the_constitution_of_zambia_amendment_bill_nab_10_3rd_edition1-1.pdf
  5. ↑ Amos Malupenga, “Re-gazetting of Bill 10 with Amendments: The Law and its Implication,” *Lusaka Times*, 15 Jun 2020. https://www.lusakatimes.com/2020/06/15/re-gazetting-of-bill-10-with-amendments-the-law-and-its-implication/
  6. ↑ Parliamentary Select Committee Report on N.A.B. No. 10 of 2019, sections “Objects of the Bill” and “Salient Provisions.” https://eliasmunshya.org/wp-content/uploads/2019/12/report_on_the_constitution_of_zambia_amendment_bill_nab_10_3rd_edition1-1.pdf
  7. ↑ Parliamentary Select Committee Report, Clauses 2, 4, 5 (Preamble; Article 4; Article 8). https://eliasmunshya.org/wp-content/uploads/2019/12/report_on_the_constitution_of_zambia_amendment_bill_nab_10_3rd_edition1-1.pdf
  8. ↑ National Assembly (Hansard extracts on Bill 10 debate, 29 Oct 2020), summary of PR/reserved seats aims. https://www.parliament.gov.zm/node/8698
  9. ↑ The Carter Center, “Zambia 2021 Elections: Final Report,” pp. 16–17 (summary of Bill 10 electoral proposals). https://www.cartercenter.org/resources/pdfs/news/peace_publications/election_reports/zambia-final-report-2021.pdf
  10. ↑ Patriotic Front (PF) submission on Bill 10 proposals, *Lusaka Times*, 15 Jul 2019 (notes petition timeline and related positions). https://www.lusakatimes.com/2019/07/15/pf-opposes-reintroduction-of-deputy-ministers-and-coalition-government/
  11. ↑ Parliamentary Select Committee Report (Deputy Ministers and Cabinet clauses). https://eliasmunshya.org/wp-content/uploads/2019/12/report_on_the_constitution_of_zambia_amendment_bill_nab_10_3rd_edition1-1.pdf
  12. ↑ Parliamentary Select Committee Report, “Anti-Drugs, Economic and Financial Crimes Agency.” https://eliasmunshya.org/wp-content/uploads/2019/12/report_on_the_constitution_of_zambia_amendment_bill_nab_10_3rd_edition1-1.pdf
  13. ↑ Parliamentary Select Committee Report, Clause 71 discussion and recommendation to retain specified BoZ functions in the Constitution. https://eliasmunshya.org/wp-content/uploads/2019/12/report_on_the_constitution_of_zambia_amendment_bill_nab_10_3rd_edition1-1.pdf
  14. ↑ Parliamentary Select Committee Report, Clause 74 (commissions). https://eliasmunshya.org/wp-content/uploads/2019/12/report_on_the_constitution_of_zambia_amendment_bill_nab_10_3rd_edition1-1.pdf
  15. ↑ Muna Ndulo, “Bill 10, if Enacted, Will Install a Constitutional Dictatorship and Undermine the Independence of the Judiciary,” *Southern African Journal of Policy and Development* 5(1), 2020. https://scholarship.law.cornell.edu/sajpd/vol5/iss1/7/
  16. ↑ CUTS Lusaka, “Effect of Bill 10 on Public Financial Management and Debt Management,” Policy Brief, 2019. https://cuts-lusaka.org/pdf/policy-brief-effect-of-the-constitution-of-zambia-amendment-bill-10-2019-on-public-financial-management-and-debt-management.pdf
  17. ↑ Parliamentary Select Committee Report, pp. 1–4. https://eliasmunshya.org/wp-content/uploads/2019/12/report_on_the_constitution_of_zambia_amendment_bill_nab_10_3rd_edition1-1.pdf
  18. ↑ Constitutional Court of Zambia, Judgment No. 2019/CCZ/0013 (LAZ & Chapter One Foundation v. Attorney General), 3 Jul 2020 (via ZambLII). https://zambialii.org/akn/zm/judgment/zmcc/2020/4/eng/
  19. ↑ News summary: “LAZ sues President Lungu, National Assembly over Bill 10,” *News Diggers*, 13 Aug 2019. https://diggers.news/courts/2019/08/13/laz-sues-president-lungu-national-assembly-over-amendment-bill-no-10/
  20. ↑ “Re-gazetting of Bill 10 with Amendments: The Law and its Implication,” Lusaka Times, 15 Jun 2020. https://www.lusakatimes.com/2020/06/15/re-gazetting-of-bill-10-with-amendments-the-law-and-its-implication/
  21. ↑ “Zambia: Govt’s Controversial Bid to Amend Constitution Flops,” AllAfrica, 30 Oct 2020. https://allafrica.com/stories/202010300630.html
  22. ↑ “Thursday, 29th October, 2020,” National Assembly of Zambia (debate day page). https://www.parliament.gov.zm/node/8698
  23. ↑ “Zambian Bishops Renew Calls for Withdrawal of Divisive Bill,” Vatican News, 16 Jun 2020 (summarising critiques, incl. Ndulo). https://www.vaticannews.va/en/africa/news/2020-06/zambian-bishops-renew-calls-for-the-withdrawal-of-divisive-bill.html
  24. ↑ Ndulo, SAJPD, 2020. https://scholarship.law.cornell.edu/sajpd/vol5/iss1/7/
  25. ↑ Hansard summary page for 29 Oct 2020 debate. https://www.parliament.gov.zm/node/8698
  26. ↑ “The Constitutional Amendment Bill No. 10 of 2019: A Test of Democracy and Constitutionalism in Zambia,” Commonwealth Lawyers’ Association, 2 Mar 2021. https://www.commonwealthlawyers.com/africa/the-constitutional-amendment-bill-no-10-of-2019-a-test-of-democracy-and-constitutionalism-in-zambia/
  27. ↑ Alliance for Liberty Institute, “The new dawn of autocracy in Zambia?” 26 May 2025 (contextual comparison with Bill 7 of 2025). https://www.alinstitute.org/news/the-new-dawn-of-autocracy-in-zambia
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