Constitution of Zambia (Amendment) Act, 2016
| Long title | An Act to amend the Constitution of Zambia and to provide for matters connected with, or incidental to, the foregoing. |
|---|---|
| Citation | Act No. 2 of 2016 |
| Enacted by | Parliament of Zambia |
| Territorial extent | Republic of Zambia |
| Commenced | |
| Status | In force |
The Constitution of Zambia (Amendment) Act, 2016 (Act No. 2 of 2016) was a landmark legislative reform that introduced wide-ranging changes to Zambia’s governance structure. The Act modernized the electoral system, clarified presidential succession and term limits, redefined citizenship, and established new judicial institutions. However, the accompanying national referendum to adopt a new and expanded Bill of Rights failed to pass.
Successful amendments (Act No. 2 of 2016)
The main body of the 2016 Amendment was successfully enacted by Parliament and signed into law by President Edgar Lungu on 5 January 2016. It represented the most comprehensive constitutional reform since the reintroduction of multi-party democracy in 1991.
| Feature | Pre-2016 | Post-2016 Reform (Key Articles) |
|---|---|---|
| Presidential Election | Simple plurality (First-Past-the-Post system). | Introduced the 50% + 1 majority threshold (Article 101), requiring an absolute majority and providing for a runoff if no candidate attains it. |
| Vice Presidency | Appointed by the President from among Members of Parliament. | Elected as a running mate (Article 110) alongside the President on the same ticket. |
| Presidential Vacancy | Required a national by-election upon a vacancy. | The Vice President automatically assumes the Presidency for the remainder of the term, ensuring a seamless transition. |
| Presidential Term Count | Ambiguous regarding short, unexpired terms. | Clarified that serving less than three years of a predecessor’s term does not count as a full term (Article 106(6)). |
| Citizenship | Permitted only single citizenship. | Introduced dual citizenship (Article 39), allowing Zambians to hold another nationality. |
| Judiciary | Constitutional matters were handled by the Supreme Court. | Established the specialized Constitutional Court of Zambia (Article 128) to interpret the Constitution and hear presidential election petitions. |
The failed referendum: Bill of Rights
While the parliamentary amendments were enacted, the attempt to adopt a new Bill of Rights through a national referendum held on 11 August 2016 failed to meet the constitutional voter turnout threshold.
Proposed new rights
The proposed Bill of Rights sought to broaden the scope of constitutional guarantees and introduce new categories of rights, including:
- Economic, Social and Cultural Rights: Right to health care, decent housing, food of acceptable standard, clean water, education, and social protection.
- Civil and Media Rights: Right of access to information and freedom of the media to enhance transparency and accountability.
- Special Rights: Specific protections for children, youth, persons with disabilities, and the elderly.
Reason for failure
Under Article 79 of the Constitution, two conditions were required for the referendum to succeed:
- A majority of the valid votes cast had to be in favour of the proposed amendment.
- At least 50% of all eligible registered voters had to participate in the referendum.
| Referendum Result (11 August 2016) | Number / Percentage | Status |
|---|---|---|
| "Yes" Votes | 1,852,559 (71.09% of valid votes) | Met majority requirement |
| Total Turnout | 3,345,471 (44.44% of eligible voters) | Below 50% threshold – Referendum invalid |
Despite broad support among those who voted, the referendum failed because voter turnout did not reach the required 50%. Political analysts attributed this to confusion and divided attention during the highly competitive 2016 general elections, which were held on the same day.
As a result, the proposed Bill of Rights was not adopted, and the earlier Bill of Rights contained in the 1991 Constitution remains in force.
Legacy
The 2016 Amendment Act is widely viewed as a milestone in Zambia’s constitutional development. It introduced significant clarity on presidential succession and term limits, reduced the likelihood of by-elections following a presidential vacancy, and aligned Zambia’s democratic structure with international best practices.
However, the failure of the Bill of Rights referendum left unfinished the broader constitutional reform agenda envisioned at the time.
See also
- Constitution of Zambia
- Bill of Rights (Zambia)
- Elections in Zambia
- Constitutional Court of Zambia
- Edgar Lungu
