Monday, 15th December, 2025

Monday, 15^th December, 2025

The House met at 0900 hours

[MADAM SPEAKER in the Chair]

NATIONAL ANTHEM

PRAYER

_______

ANNOUNCEMENT BY MADAM SPEAKER

DONATION OF PINE TREE SEEDLINGS TO THE NATIONAL ASSEMBLY OF ZAMBIA

Madam Speaker: Hon. Members, I wish to inform the House that the National Assembly of Zambia has received a donation of 10,000 pine tree seedlings from the Zambia Forestry and Forest Industries Corporation (ZAFFICO). The donation is in support of a programme called, “Promoting a Green Parliament.”

Hon. Members are requested to collect fifty tree seedlings each on Tuesday, 16^th December, 2025, from the Eastern Car Park, Parliament Grounds, to plant in their respective constituencies.

I thank you.

Hon. Members: Hear, hear!

_______

QUESTIONS FOR ORAL ANSWER

DAMAGED SECTION OF THE GREAT NORTH ROAD BETWEEN SERENJE AND LAVUSHIMANDA

127. Mr Mutale asked the Minister of Infrastructure, Housing and Urban Development:

whether the Government is aware of the damaged section of the Great North Road between Serenje and Lavushimanda Districts; and

if so, what urgent measures the Government is taking to prevent loss of lives and property caused by road accidents on the section of the road above.

The Minister of Infrastructure, Housing and Urban Development (Eng. Milupi): Madam Speaker, good morning to you on this wonderful Monday morning. I thank the hon. Member for Chitambo, Mr Remember Mutale, for the question

Madam Speaker, I wish to inform the House that the Government is aware of the damaged section of the Great North Road between Serenje and Lavushimanda districts. With the support of the World Bank, the Government will rehabilitate the affected section of the Great North Road. This is part of the World Bank-funded project, Transport Corridors for Economic Resilience (TRACER).

I thank you, Madam Speaker.

Mr Mutale: Madam Speaker, the hon. Minister has just given a blanket coated answer, which does not satisfy the people of Serenje, Chitambo and Lavushimanda. The question is: When will the subcontractor move on site? In fact, we need urgent measures to be put in place in order to address this issue.

Eng. Milupi: Madam Speaker, in 2024, the World Bank approved a US$270 million grant under a project called TRACER. The Government is implementing TRACER through the support of the World Bank, which includes the rehabilitation of 208 km of the Serenje/Mpika Road.

Madam Speaker, the Road Development Agency (RDA) is currently finalising preparation of the bidding document for the procurement of the contractor. The works are expected to commence by April 2026, at the end of the rainy season. To expedite the works, the project will be implemented in two lots. Package one, which is the first lot will cover 105 km from Serenje to Lukulu. I am sure that covers the parts that the hon. Member is talking about. The second package covers 103 km from Lukulu to Chilonga area.

Madam Speaker, during the course of this week, the provincial roads engineer will undertake an on-the-spot inspection of the concerned road section and will determine any emergent measures necessary. The main measures include possible pothole patching, which may be undertaken depending on what the roads engineer will find.

Madam Speaker, beyond that, we are fully aware of the condition of the section of the road between Serenje and Mpika. That is why the Government has put more effort to find resources that would enable us to undertake the necessary works. This road will be done to international bituminous standards. We will widen it on the same principle used to undertake the works on the Chinsali/Isoka Road and the Isoka/Nakonde Road. It is always difficult to find resources, but we thought that when we involve the World Bank to provide a grant, it would be the quickest way to undertake such major repairs.

Madam Speaker, when the World Bank money is being used, it has its own processes, which is what we are going through. We know that by the end of the rainy season, bulldozers and machinery will be on that road to undertake the works. Our intention is to ensure that the Great North Road from Kapiri Mposhi all the way to Nakonde is restored to an international standard highway. So, beyond that particular section, from Serenje to Mpika, we are also finalising funding for the section from Mpika to Chinsali to be worked on. When that is done, the whole of the road will be a major corridor suitable for this.

Madam Speaker, for those who want to know, TRACER stands for Transport Corridor Economic Resilience because we treat that as a corridor.

I thank you, Madam Speaker.

Mr Mutale: Madam Speaker, on the Floor of the House, I said that the road is narrow because most parts have been washed away and it has many pot holes. Is the hon. Minister ready to grade and widen it to avert accidents that happen every day?

Eng. Milupi: Madam Speaker, I have stated that the ministry under which the RDA falls, will undertake some remedial work whilst we await the full job to be done. This is what we have been dealing with. This is exactly what was prevailing on the Lusaka/Ndola Road. So, that is the kind of state we are dealing with. What we have come up with is a sustainable solution that will result in a permanent road constructed. We are proceeding with the procurement process, …

Hon. Government Members: Hear, hear!

Eng. Milupi: … but even as we await permanent work to be undertaken, there will be some work being done to make sure that the road is motorable and that there is enhanced safety.

Madam Speaker, we are aware that there have been accidents. Even before this question was raised, on the Floor of this House, I talked about truck drivers who drive along that road and the women who sell roasted maize, and how the women do not have to wait for the truck drivers to stop, to sell their maize. That is how slow the traffic was moving due to the condition of the road. That is why we have engaged the World Bank to ensure that permanent work is done on this road.

I thank you, Madam Speaker.

Mr Mutelo (Mitete): Madam Speaker, I am grateful.

Madam Speaker, for clarity’s sake, did the hon. Minister mention the stretch from Lukulu to Serenje? When the project in Lukulu came about, it was only for the Katunda/Lukulu/Watopa/Mumbezhi road network. Is Lukulu also there so that those who are listening can have a clear picture? I just want to know that.

Eng. Milupi: Madam Speaker, I thank ‘honourable Katunda/Lukulu Road’ for raising that supplementary question.

Madam Speaker, whenever he hears Lukulu mentioned, Lukulu/Katunda is what crosses his mind. We share many names in our country just like we have Luena in Luapula and Limulunga, and so on and so forth. There is Lukulu in that part of the country, which is totally separate from the one in the area he comes from.

I thank you, Madam Speaker.

_______

BILLS

THIRD READING

The following Bill was read the third time and passed:

The Closed-Circuit Television Public Protection Bill, 2025

SECOND READING

THE COMPANIES (Amendment) BILL, 2025

The Minister of Commerce, Trade and Industry (Mr Chipoka Mulenga): Madam Speaker, I beg to move that the Bill be now read a second time.

Madam Speaker, the object of the Bill is to amend the Companies Act so as to:

prohibit the operation of an entity as a company without incorporation;

revise the grounds on which the Registrar can reject an application for incorporation;

give effect to the Financial Action Task Force recommendations relating to beneficial ownership of legal persons;

impose a penalty on a company that continues to carry on a business with members, or share capital, below the prescribed minimum;

revise the penalty on a company that continues to carry on a business with directors below the minimum number specified under this Act;

prohibit the issue of a bearer share or bearer warrant;

revise the provision relating to the document to be lodged with the annual returns of a company; and

revise the grounds on which the Registrar may de-register a company; and

provide for matters connected with, or incidental to, the foregoing.

Mr B. Mpundu entered the Assembly Chamber.

Hon. Members: Hear, hear!

Mr Chala entered the Assembly Chamber.

Hon. Members: Bozi! Bozi!

Interruptions

Mr Chipoka Mulenga: Madam Speaker, allow me also to welcome Hon. Binwell Mpundu, the Member for Nkana, to the House, and the hon. Member for Chipili.

Madam Speaker, I thank you.

Ms Sefulo (Mwandi): Madam Speaker, the Committee on National Economy, Trade and Labour Matters was tasked to scrutinise the Companies (Amendment) Bill, No. 20 of 2025, pursuant to its mandate set out in Order 207(j) of the National Assembly of Zambia Standing Orders, 2024.

Madam Speaker, I wish to indicate that the Committee is in support of the Bill and, similarly, all stakeholders who appeared before it were in support. However, the witnesses raised a few concerns on which the Committee makes the following observations and recommendations.

Madam Speaker, the Committee commends the introduction of Section 21A(1)(c) in the Bill, which mandates the Registrar to take prescribed measures to ensure that basic and beneficial ownership information in the Register of Companies and the Register of Beneficial Owners is adequate, accurate and up-to-date. The Committee recommends that the Patents and Companies Registration Agency (PACRA) develops measures in readiness for their issuance immediately after the enactment of the Bill to facilitate implementation of the provision.

Madam Speaker, the Committee notes with concern that Clause 14 of the Bill creates criminal offences for a person, or company, who fails to make declarations regarding beneficial owners. The Committee is of the view that Subsection 8 seems to imply that administrative penalties can only be imposed where there is a conviction under Subsections 6 and 7. In this regard, the Committee recommends that the imposition of administrative penalties should not be tied to the conviction but should be a stand-alone provision.

Madam Speaker, with regards to access to information in Clause 29 of the Bill, the Committee observed that, in line with the Financial Action Task Force Recommendation No. 24, the proposed Section 356C (1) addresses the issue of access to basic and beneficial ownership information held by a public authority, body, competent authority or reporting entity. The Committee recommends that rather than placing an obligation on the entity seeking to access the information, the obligation should be placed on the holder of the information to provide timely access to the information sought by a competent authority, law enforcement agency or the Financial Intelligence Centre (FIC).

Madam Speaker, in conclusion, on behalf of the hon. Members of the Committee, I wish to express my deepest gratitude to you and the Office of the Clerk of the National Assembly of Zambia for the guidance and support rendered to the Committee throughout its deliberations. The Committee is further indebted to all the witnesses who appeared before it for their co-operation in providing the necessary briefs.

Madam Speaker, I thank you.

Mr Chipoka Mulenga: Madam Speaker, I wish to express my appreciation to the chairperson of the Committee on National Economy, Trade and Labour Matters for supporting the Bill. I further wish to extend my sincere thanks to you, Madam Speaker, for the opportunity to close off the debate on the Bill.

Madam Speaker, I wish to extol the chairperson and the Committee. The report of the Committee comprehensively outlines the background, objectives and key provisions of the Bill. The ministry, having carefully considered the report of the Committee and its valuable input, welcomes the Committee’s support for the Bill. The observations and recommendations are addressed as follows, with the aim of ensuring the Bill’s legal accuracy, clarity and effective implementation:

Reference to the Repealed Law

Madam Speaker, the side note under Clause 1 refers to Chapter 388 of the Companies Act, which is repealed. I wish to state that the recently published laws have re-assigned Chapter 388 in the Companies Act.

Clarity of the Word ‘Person’

Madam Speaker, while the current core use of the word ‘person’ is generally acceptable in legal drafting, the ministry acknowledges the potential for interpretational uncertainty as pointed out by the Committee. To enhance clarity and precision, especially in the context of share ownership and dividends, the ministry agrees to substitute the word ‘person’ with the word ‘nominator’ in the specified Clause 2(a)(1) of the definition of ‘nominee’. This replacement will provide a more specific legal and commercial context.

Mandate of Registrar

Madam Speaker, the ministry appreciates the Committee’s support for this important provision, which is vital for enhancing transparency and combating illicit financial flows.

Madam Speaker, my ministry, through the Patents and Companies Registration Agency (PACRA), as the implementing agency, is already in the process of developing the necessary administrative and regulatory measures in parallel with the current legislative process. The measures will be finalised and issued immediately upon enactment of the Bill to ensure seamless and swift implementation of the provision.

Records Kept at Company’s Registered Office

Madam Speaker, the ministry takes note of the Committee’s observation that relying solely on criminal sanctions may be less effective in encouraging widespread and consistent compliance. The Bill will be amended to introduce provisions for administrative penalties for noncompliance with the requirements under Clause 9. This dual-sanction approach aligns with modern regulatory practices and will significantly enhance the effectiveness of the compliance framework.

Declaration in Respect of Beneficial Interest in Shares

Madam Speaker, the Ministry of Commerce, Trade and Industry is in agreement with the Committee’s concern regarding the ambiguity and potential limitation implied by the current drafting of Sub-Clause 8 of the new section on declarations. The intent of the Bill is to ensure that administrative penalties can be imposed independent of any criminal conviction, in line with the desire for effective risk-based compliance enforcement. To this effect, the ministry will issue drafting instructions to amend the language in Sub-Clause 8 of Clause 14 to clearly state that the imposition of an administrative penalty by the Registrar for failure to comply with the declaration requirement is independent of any criminal proceedings or convictions under Sub-Sections 6 and 7. This will explicitly empower the Registrar to use administrative penalties as a primary tool for compliance enforcement.

Madam Speaker, in conclusion, the proposed Companies (Amendment) Bill, 2025, is a very important legislation for the business community, aimed at modernising and fortifying Zambia’s corporate governance framework. The primary push for this Bill is a necessity to align the Companies Act No. 10 of 2017 with international best practices and regulatory requirements, particularly those of the Financial Action Task Force (FATF). The FATF is an intergovernmental organisation that develops global policies to combat money laundering, terrorism financing and related threats to the integrity of the international financial system.

Madam Speaker, we, therefore, welcome the Bill and commend the Committee for its well-articulated and detailed report.

Madam Speaker, I thank you.

Interruptions

Madam Speaker: Order, hon. Members!

Question put and agreed to and the Bill read a second time.

Committed to a committee of the Whole House.

Committee Stage, today.

HOUSE IN COMMITTEE

[THE CHAIRPERSON OF COMMITTEES in the

Chair]

THE COMPANIES (Amendment) BILL, 2025

Clause 1 ordered to stand part of the Bill.

CLAUSE 2 – (Amendment of Section 3)

Mr Chipoka Mulenga: Madam Chairperson, I beg to move an amendment in Clause 2, on page 4, in lines 30 and 31 by the deletion of the words “another person” and the substitution therefor of the words “the nominator”.

Amendment agreed to. Clause amended accordingly.

Clause 2, as amended, ordered to stand part of the Bill.

Clauses 3, 4 and 5 ordered to stand part of the Bill.

Clauses 3,4 and 5 ordered to stand part of the Bill.

CLAUSE 6 – (Amendment of section 19)

Mr Chipoka Mulenga: Madam Chairperson, I beg to move an amendment in Clause 6, on page 9, in line 32 by the deletion of the words, "beneficial owner or director" and the substitution therefor of the words "beneficial owner, secretary or director".

Amendment agreed to. Clause amended accordingly.

Clause 6, as amended, ordered to stand part of the Bill.

Clauses 7 and 8 ordered to stand part of the Bill.

CLAUSE 9 – (Amendment of section 30)

Mr Chipoka Mulenga: Madam Chairperson, I beg to move an amendment in Clause 9, on page 11, in line 32 by the insertion of the words "new subsections" immediately after the word "following":

(6) A company that fails to maintain a document -

in accordance with this section, except for a document referred to in subsection (1)(b)(ii), shall in addition to the penalty specified under subsection (5)(a), be liable to pay the Agency an administrative penalty of five thousand penalty units for each day that the contravention continues; or

(b) referred to in subsection (1)(b)(ii.), shall in addition to the penalty specified under subsection (5)(b), be liable to pay the Agency an administrative penalty not exceeding five million penalty units.

Amendment agreed to. Clause amended accordingly.

Clause 9, as amended, ordered to stand part of the Bill.

Clauses 10, 11, 12, 13, 14, 15 and 16 ordered to stand part of the Bill.

Hon. Opposition Members entered the Assembly Chamber.

Hon. UPND Members: Hear, hear!

The Chairperson: Order!

It is a nice day.

CLAUSE 17 – (Insertion of sections 142A and 142B)

Mr Chipoka Mulenga: Madam Chairperson, I beg to move an amendment in Clause 17:

(a) on page 15 in line 28 by the deletion of the figure "15" and the substitution therefor of the figure "30"; and

(b) on page 16, in line 24, by the deletion of the figure "15" and the substitution therefor of the figure "30".

Amendment agreed to. Clause amended accordingly.

Clause 17, as amended, ordered to stand part of the Bill.

Clauses 18, 19, 20 and 21 ordered to stand part of the Bill.

CLAUSE 22 – (Amendment of section 317)

Mr Chipoka Mulenga: Madam Chairperson, I beg to move an amendment in Clause 22, on page 18:

(a) after line 31 by the insertion of the following new paragraph immediately after paragraph (g):

(h) company has failed to maintain a document referred to in section 30(1)(b)(ii) for a period of one year;; and

in lines 32 to 40 by the renumbering of paragraphs (h) and (i) as paragraphs (i) and (j), respectively.

Amendment agreed to. Clause amended accordingly.

Clause 22, as amended, ordered to stand part of the Bill.

Clauses 23, 24, 25, 26, 27 and 28 ordered to stand part of the Bill.

Clauses 26, 27 and 28 ordered to stand part of the Bill.

CLAUSE 29 – (Insertion of sections 356A, 356B, 356C and 356D)

The Minister of Commerce, Trade and Industry (Mr Mulenga): Madam Chairperson, I beg to move an amendment that Clause 29, on page 24, in lines 30 to 34, by the deletion of subclause (1) and the substitution therefor of the following:

A public authority or body, a competent authority or reporting entity which holds basic or beneficial ownership information shall ensure timely access of that basic or beneficial ownership information by another competent authority or reporting entity, law enforcement agency or the Financial Intelligence Centre.

Amendment agreed to. Clause amended accordingly.

Clause 29, as amended, ordered to stand part of the Bill.

Hon. PF Members entered the Assembly Chamber.

Hon. Government Members: Hear, hear!

The Chairperson: Order!

Clauses 30 and 31 ordered to stand part of the Bill.

Title agreed to.

_______

HOUSE RESUMED

[MADAM SPEAKER in the Chair]

REPORT STAGE

The Companies (Amendment) Bill, 2025

Report adopted.

Third Reading today.

THIRD READING

The following Bill was read the third time and passed:

The Companies (Amendment) Bill, 2025

THE APPROPRIATION BILL, 2025

SECOND READING

The Minister of Finance and National Planning (Dr Musokotwane): Madam Speaker, I beg to move that the Bill be now read a second time.

Madam Speaker, the Bill before this House today is the culmination of the assignment that started with the presentation of the 2026 Budget Address on Friday, 26^th September, 2025.

Madam, I wish to express my profound gratitude to you, the Chairperson of Committees, Her Honour the Vice-President, the hon. Members of Parliament, as well as the management of this House for the invaluable roles that each has played in reaching this concluding stage of the approval process for the 2026 Budget.

Hon. Members: Hear, hear!

Dr Musokotwane: Madam Speaker, I also wish to thank our co-operating partners whose support has always continued to make a positive impact on the lives of millions of Zambians. From the time the 2026 Budget was laid before this House in September, 2025, the proposed policies on public expenditure, revenue mobilisation and the financing –

Madam Speaker: Order!

Hon. Minister, sorry, I think we are not on the same page. May the Acting Clerk correct the hon. Minister.

The Acting Clerk (Mrs Mayaka) gave the correct paper to Dr Musokotwane.

Hon. UPND Members: Kasongo, techabaiche!

Laughter

Dr Musokotwane: Madam Speaker, I apologise.

Madam Speaker, I now present the Appropriation Bill of 2025. The object of this Bill is to authorise expenditure from the consolidated fund of monies required for the services of the Republic during the financial year ending 31^st December, 2026, not exceeding in the aggregate of K253,089,454,320.

I thank you, Madam Speaker.

Hon. Members: Hear, hear!

Dr Musokotwane: Madam Speaker, the Bill before this House is the culmination of the assignment that started with the presentation of the 2026 Budget Address on 26^th September, 2025. I thank you, the Chairpersons of the Committees, Her Honour the Vice-President, hon. Members of Parliament, as well as the management of this House, for the invaluable role that each played in reaching this concluding stage of the approval of the 2026 Budget. I also thank the co-operating partners.

Madam Speaker, from the time the 2026 Budget was laid before this House in September 2025, the proposed policies on public expenditure, revenue mobilisation and financing measures for the year 2026 have been debated in this Chamber and various sector committees at great length by hon. Members. I am elated and deeply grateful to the hon. Members for the insightful debates and constructive comments, as they considered the proposals. The debates, comments and suggestions have added immense value to this process. Hon. Members may be aware that the Government is taking on board some of the progressive suggestions and, consequently, amendments have been effected accordingly on the Floor of this House. Let me further assure the House that the rest of their progressive proposals will be considered either during the implementation of the 2026 Budget or the formulation of future budgets.

Madam Speaker, allow me to highlight the fact that the 2026 Budget builds upon and consolidates the significant gains attained over the past four years. During this period, our country has undertaken far-reaching reforms that have led to notable economic stabilisation and meaningful progress across key sectors. We have successfully restructured debt to support long-term sustainability. We have re-instated free education to ensure that equitable access to learning opportunities exists. We have enhanced the delivery of health services. We have empowered citizens across the whole country through increased allocation to the Constituency Development Fund (CDF), which is reaching citizens in every corner of the country. Additionally, we have expanded social protection programmes to safeguard the most vulnerable members of our society. These achievements form a strong foundation upon which the 2026 Budget is anchored, ensuring continuity, resilience and inclusive growth.

Madam Speaker, our Government remains steadfast in its resolve to further consolidate and protect these gains, ensuring that they continue yielding meaningful and tangible improvements in the lives of the people. This commitment reflects our vision of building a nation that is prosperous, resilient and equitable, one where opportunities are valuable for all and no citizens are left behind.

Mr Mumba and Mr Zulu entered the Assembly Chamber.

Hon. UPND Members: Hear, hear!

Dr Musokotwane: Madam Speaker, we will continue to implement policies that foster inclusive growth, strengthen social support systems and enhance the capacity of the communities to thrive.

Madam Speaker, despite the encouraging signs of progress, the Government recognises the persistent challenges that households continue to endure. The cost of living has remained a considerable area of concern, while the shortage of electricity is also a major problem. We acknowledge this, but in the same way we have overcome more serious challenges in the past, I am confident that these too will be resolved.

Madam Speaker, with that said, the future of this country is very bright and this Government will continue to ensure that nothing disrupts this positive trajectory. The signs I am seeing this morning in the House are very promising.

Madam Speaker, I thank you.

Hon. UPND Members: Hear, hear!

Question put and agreed to and the Bill read a second time.

Committed to a committee of the Whole House.

Committee now.

HOUSE IN COMMITTEE

[THE CHAIRPERSON OF COMMITTEES in the

Chair]

THE APPROPRIATION BILL, 2025

Clauses 1and 2 ordered to stand part of the Bill.

Schedules ordered to stand part of the Bill.

Title agreed to.

HOUSE RESUMED

[MADAM SPEAKER in the Chair]

The following Bill was reported to the House as having passed through Committee without amendments:

The Appropriation Bill, 2025

Third Reading today.

THIRD READING

The following Bill was read the third time and passed.

The Appropriation Bill, 2025

SECOND READING

THE CONSTITUTION OF ZAMBIA (Amendment) BILL, 2025

The Minister of Justice (Ms Kasune): Madam Speaker, I beg to move that the Bill be now read a second time.

Madam Speaker, I wish to thank your Parliamentary Select Committee and your staff for the job well done in receiving various stakeholders’ submissions from the people of the Republic of Zambia.

Madam Speaker, I wish to say to the public that the Constitution of Zambia (Amendment) Bill No. 7 of 2025 is not merely a legal document. It is a covenant with the people of Zambia. It is about inclusion, fairness, representation and strengthening of our democracy so that every Zambian can see themselves reflected in the governance of our great nation, the Republic of Zambia.

Madam Speaker: Order, hon. Minister!

I think, what you are reading now will come later. First, outline the principles of the Bill.

Ms Kasune: Thank you, Madam Speaker. It is noted.

Madam Speaker, the object of the Bill is to amend the Constitution of Zambia so as to:

revise the composition of the National Assembly to provide for the increase in the number of constituency-based seats from one hundred and fifty-six to two hundred and eleven to actualise the delimitation report by the Electoral Commission;

revise the electoral system for election to the National Assembly to provide for a mixed-member proportional representation electoral system to guarantee the representation of women, youths and persons with disabilities;

revise the provision relating to filing of fresh nominations on resignation of a candidate;

revise the provisions relating to by-elections;

revise the number of nominated Members of Parliament;

harmonise the term of Parliament and council to achieve a five-year term;

provide for a vacancy in the office of Minister and Provincial Minister ninety days before a general election;

remove the two-term limit for the office of mayor and council chairperson;

revise the composition of the council to include Members of Parliament holding constituency-based seats;

revise the qualifications for appointment to the office of Secretary to the Cabinet;

provide for the Attorney-General and Solicitor-General to continue in office, after a general election, until new office bearers are appointed;

revise the definition of the words “child” and “adult”;

provide for clarity on the period within which an election petition shall be concluded; and

provide for matters connected with, or incidental to, the foregoing.

Madam Speaker, I thank you.

Mr Wamunyima (Nalolo): Madam Speaker, I have the honour to present the Report of the Select Committee appointed on Wednesday, 25^th June, 2025, to scrutinise the Constitution of Zambia (Amendment) Bill No. 7 of 2025.

Madam Speaker, your Committee held a total of twelve meetings and considered written submissions from over forty stakeholders, some of whom also appeared before it to make oral submissions. The stakeholders included the Government and quasi-Government institutions, civil society organisations (CSOs), faith-based organisations, professional associations, academia, political parties, hon. Members of Parliament and members of the public. The Committee also interacted with the Technical Committee that was appointed by the President of the Republic of Zambia, Mr Hakainde Hichilema, to consult the people of Zambia on the Constitution of Zambia (Amendment) Bill No.7 of 2025.

Madam Speaker, allow me to provide a brief background to the process and events leading to the presentation of the Constitution of Zambia (Amendment) Bill No. 7 of 2025 to the National Assembly and its subsequent consideration by the Committee.

Madam Speaker, as the House may be aware, the Constitution of Zambia, Chapter 1 of the Laws of Zambia, was last amended in 2016. Following the 2016 amendments, a number of stakeholders identified several provisions that required refinement and a number of ambiguities that needed to be clarified to ensure that the Constitution fully reflects the aspirations of the people of Zambia and remains relevant over time. The identified provisions, to a great extent, aligned with the findings of the Mvunga Constitutional Review Commission, 1991, the Mung’omba Constitutional Review Commission, 2005, the National Constitutional Conference, 2005 and the Technical Committee on the drafting of the Constitution, 2012. These reports recommended, among other things:

the delimitation of constituencies;

the introduction of an electoral system which guarantees the representation of women, youth and people with disabilities …

Hon. Government Members: Hear, hear!

Mr Kapyanga: Question!

Mr Wamunyima: … in the National Assembly;

the revision of provisions on by-elections; and

the hearing and the determination of election petitions.

Madam Speaker, on 19^th July, 2024, the Electoral Reform Technical Committee was constituted to collect public views on strengthening the electoral system. The committee’s report emphasised the need to review the Constitution to provide for:

constituency delimitation;

revise provisions on by-elections; and

guarantee the representation of women, youth and persons with disabilities in the National Assembly.

Madam Speaker, it is against this background that the Constitution of Zambia (Amendment) Bill No. 7 of 2025 was drafted and published in the Government Gazette of 23^rd May, 2025, in compliance with Article 79 of the Constitution, which requires a Bill that seeks to amend the Constitution to be published in a Government Gazette for thirty days, before it can be introduced in the National Assembly for First Reading. In that regard, the Bill was introduced for First Reading in the National Assembly on 25^th June, 2025.

Madam Speaker, the House may better recall that on 26^th June, 2025, the Bill was deferred for consideration to a later date to accommodate wider consultations. Consequently, in October 2025, the President appointed a Technical Committee to consult the general public and draft amendments to the Constitution, pursuant to Article 92(1)(f) and 92(2)(j) of the Constitution. As earlier noted, the report of the Technical Committee encompassing the views of the Zambian people was published, and recommendations were presented to the National Assembly through your Committee.

Madam Speaker, in view of the above background, I wish to state, from the outset, that most of the stakeholders who appeared before the Committee were in support of the Constitution of Zambia (Amendment) Bill No. 7 of 2025.

Hon. UPND Members: Hear, hear!

Hon. PF Members: Question!

Mr Wamunyima: Although, in some instances, they proposed amendments, the stakeholders noted that the Bill will enhance the application of the provisions of the Constitution. It is also worth mentioning that a few stakeholders did not support the Constitution of Zambia (Amendment) Bill No. 7 of 2025 and called for its withdrawal, citing a lack of broad consultation in the Constitution-making process. The stakeholders indicated that wide consultation was cardinal if the Constitution was to stand the test of time.

Madam Speaker, having carefully analysed the Bill and the submissions from stakeholders, your Committee is satisfied that the Bill adequately addresses some of the existing constitutional gaps, and accordingly urges the House to support it.

Hon. UPND Members: Hear, hear!

Hon. PF Members: Question!

Mr Wamunyima: Madam Speaker, in supporting the Bill, your Committee made a number of observations and recommendations, which are highlighted in its report before this august House and in the public domain. In this regard, allow me to briefly highlight some of the observations and recommendations.

Madam Speaker, Clause 2 of the Bill seeks to amend Article 47 of the Constitution. While the Committee supports the amendment, it observed that the provision lacks clarity on the mechanisms that will be implemented to ensure equitable representation. The Committee, therefore, recommends that the enforcement mechanism for political parties to nominate women, youth and people with disabilities for both constituency and proportional representative seats be clearly outlined in an Act of Parliament.

Madam Speaker, Clause 3 seeks to amend Article 51 of the Constitution. The Committee expressed concern on the provisions in Clause 3, as it infringes on the rights of persons who opt to stand as Independent candidates if they are not adopted by their political parties. In this regard, the Committee recommends that Clause 3 be deleted. Clause 7 seeks to amend Article 68 with regard to, among other amendments, the election and composition of the National Assembly. The Committee supported the proposal to increase the number of elective seats and the inclusion of women, youth and persons with disabilities through a mixed-member proportional representation system. In supporting this proposal, the Committee recommends that a new clause be inserted to amend Article 68 to provide for mechanisms for the nomination of the marginalised groups.

Madam Speaker, Clause 9 seeks to amend Article 72 with regard to, among other amendments, the vacation of the Office of the Member of Parliament. The Committee noted that the Bill is proposing that political parties replace Members of Parliament when one of their members vacates his or her seat. This provision entails that there will be no holding of a by-election. While the Committee recognised that this measure may remove the costs that are associated with by-elections, it also recognised that this will weaken the direct link between voters and their representatives. In view of this, the Committee recommends that the status quo in the Constitution be maintained, as by-elections are a legitimate way of having the people's representatives in the National Assembly.

Madam Speaker, Clause 16 seeks to amend Article 153 in order to introduce Members of Parliament in councils. The Committee strongly and earnestly supported this amendment in view of the fact that Members of Parliament are the legitimate representatives of the people, and have a fundamental role to play in the development process. Therefore, having them in councils will enhance service delivery.

As earlier stated, Madam Speaker, I have only highlighted some of the Committee's recommendations, and I urge all hon. Members to closely study the Committee report and to support the Bill that is before this House today.

In conclusion, the Committee, Madam Speaker, expresses its profound gratitude to you for the opportunity to scrutinise the Constitution (Amendment) Bill No. 7 of 2025. The Committee also wishes to sincerely thank all the stakeholders for their oral and written submissions on the Bill. The Committee further thanks the Office of the Clerk of the National Assembly for the services rendered to it during the consideration of this very important Bill.

I thank you, Madam Speaker.

Hon. UPND Members: Hear, hear!

Mr Chabinga (Mafinga): Madam Speaker, –

Hon. UPND Members: Hear, hear!

Madam Speaker: Order, hon. Members!

Let us maintain some silence.

Mr Chabinga: From the outset, Madam Speaker, I want to say that I rarely debate. However, when we have such kind of progressive programmes in the country, I need to add weight to the programme. From the outset, as the Leader of Opposition …

Hon. UPND Members: Hear, hear!

Mr Chabinga: … in this great Republic of Zambia, …

Mr Twasa: Ukubuta.

Mr Chabinga: … and as the leader of the Patriotic Front (PF), I want to encourage my fellow hon. Members of Parliament, especially from the PF, not to be intimidated. No one should intimidate them because they have a duty to make laws. We were voted for by the people to come to this Parliament to make laws. It is very disheartening to see that amongst ourselves, we criticise ourselves and say that this is not a people-driven Constitution. I do not know whether we have an animal-driven Constitution. We have only a people-driven Constitution. All the hon. Members here were voted for by the people. Therefore, we are representing over 20 million people.

Hon. Government Members: Hear, hear!

Mr Chabinga: Therefore, this House has the mandate to make progressive laws.

Madam Speaker, I have heard and read many debates from different stakeholders in the country. Yes, we agree, but there has been no serious content to outline that this Bill is a flout. Not at all.

Madam Speaker, people who pass comments and rantings whilst one is debating need to listen to quality. The quality we are talking about is our duty as hon. Members of Parliament to handle issues that are put on the Table.

Madam Speaker, we eat the food that is on the table, not in the bush. What I mean is that this Bill has to be debated on the Floor of the House, not on social media.

Interruptions

Madam Speaker: Order, hon. Members.

Hon. PF Members: What is in the report?

Madam Speaker: Order!

Hon. Members, if you want to debate, indicate and you will be given an opportunity to do so. Do not debate while seated. I can see hon. Members who are debating while seated. Please, let us retrain ourselves.

May the Leader of the Opposition continue.

Mr Chabinga: Madam Speaker, some people who are talking the loudest know that I read and research. I, therefore, want to leave it to other hon. Colleagues of mine, the hon. Members who will be able to articulate issues in detail. As the Leader of the Opposition, my role is to make sure that I guide the Opposition that this Bill must be supported without fear or favour.

Hon. Government Members: Hear, hear!

Mr Chabinga: Madam Speaker, those who intimidated hon. Members to say, if they voted for Bill 7, they would be expelled, I want to tell them that I am the only one who can expel people.

Hon. Government Members: Hear, hear!

Interruptions

Mr Chabinga: Madam Speaker, I am the only one who can expel people. You are very safe, hon. Members. You were sent here to represent the masses of people. Madam Speaker, when we look at–

Mr Kampyongo: On a point of order, Madam Speaker.

Interruptions

Madam Speaker: Order!

Hon. Members, let us restrain ourselves. My desire is to have the debate flow. If we have any responses or issues, let us take note of them so that when we are given an opportunity to debate, we bring them out. Let us not interrupt the proceedings or debate because the people of Zambia need to know what is being said or debated on the Floor of the House. So, there will be no points of order. I will be able to guide. I am alert and listening to every debate. If something is said which is unparliamentary, the hon. Member will be told to withdraw and use proper language.

May the hon. Leader of the Opposition, continue.

Hon. Members: Hear, hear!

Mr Chabinga: Madam Speaker, thank you.

I do not know why whenever I am talking, people become very agitated. Unfortunately, that is how life is. In heaven, life may not be fair. Even on earth, life may not be fair.

Laughter

Mr Chabinga: Madam Speaker, I need to continue with my debate. I am not going to listen to people who want to distract me. We have the duty, Madam Speaker.

Madam Speaker, I do not want to go too much into detail of why I support the Bill because I want my other hon. Members to debate. The reason I am supporting this Bill is that the sponsor of this Bill has listened. Consultations were made and everything was done. Did we want the sponsor to cut their legs for us to understand very well? No! We have a duty and the sponsor has listened.

Madam Speaker, your Committee has outlined the concerns and that is why we need to support this Bill.

Madam Speaker, constituencies such as Mafinga, Chama South, Mitete, Kasempa and Katombola, to mention a few, are too vast. So, any well-meaning hon. Member of Parliament must support this kind of a progressive Bill.

Madam Speaker, Chilubi Constituency must also be considered so that it can be separated because there is the water and dry land there.

Laughter

Mr Chabinga: Madam Speaker, that way, my fellow hon. Member for Chilubi will be safe.

Madam Speaker, with regard to representation of women, youth and people with disability in Parliament, do we want to deprive these categories of people just because of our selfish interests? Do we want to engage in persona and character assassination? No! We have a duty. That duty is to protect every single Zambian and the people who voted for us.

Mr Nkandu: Quality!

Mr Chabinga: Madam Speaker, Mafinga is 4,112 sq. km and its terrain is bad. Therefore, my people want it to be cut because of its vastness. When I go to the Southern part of Maginga, the people in the Northern part will not know that I am in the constituency. When I go to the Northern part, the people on the other side will not know that I am in the constituency.

Madam Speaker, therefore, this is a very progressive Bill. In adding my weight to the debate, I wish to state that we appreciate those who do not support the Bill because everyone has his or her own choice.

Madam Speaker, otherwise, the hon. Members on your left, the Patriotic Front (PF), will make sure that this Bill today, goes through without fear or favour.

I thank you, Madam Speaker.

Hon. Members: Hear, hear!

Madam Speaker: Order!

Hon. Members, let us make progress. There are so many hon. Members who have indicated to debate. I will try to balance the debate as we progress. I call upon the hon. Member for Kamfinsa.

Mr Kang’ombe (Kamfinsa): Madam Speaker, thank you very much for the opportunity to make a few comments on the report of your Committee.

Madam Speaker, even as I make these submissions, I want to put on record that the constitutional making process should attempt to unite the country. I am starting from that perspective because we are not the last Members of Parliament to save this nation. We are going to have future generations. Therefore, one of the principles which I have adopted is that when there is an issue that requires people’s divergent views, it is imperative to recognise that the constitutional making process is not about us who are seated here today but the people. Since it is a people’s document, it is always important–

Interruptions

Madam Speaker: Order!

Hon. Members, let us allow the hon. Member–

Interruptions

Madam Speaker: Order!

Mr Kang’ombe: Madam Speaker, may I proceed?

Madam Speaker: Order, hon. Member for Kamfinsa.

Hon. Members, let us allow the hon. Member for Kamfinsa to bring out his own views. As I guided earlier, if we have to counter what each hon. Member says, let us just take note. When we are given an opportunity to debate, we will be able to bring those issues out.

Hon. Member for Kamfinsa, you may continue.

Mr Kang’ombe: Madam Speaker, I was setting the tone for my submission, which is about the report of your Committee. I was basically stating that we have an opportunity every time we are given this mandate to ask ourselves how we can ensure that different divergent views are brought on board so that we come up with one uniform position.

Madam Speaker, that is the spirit of my submission this morning. The report of the Committee has highlighted at Clause 3 – I want to indicate that I had the privilege to appear before the Committee that is scrutinising this document.

Madam Speaker, if I wanted, I would have stayed away from submitting on things that I thought were very critical to the people of Zambia. I took the liberty to go and present. These are some of the things I highlighted, and some of them are appearing as submissions from stakeholders in the report.

Madam Speaker, the reason I am starting from that perspective is that this is not the last process that will demand that we all participate. People have to allow those with divergent views to present them.

Madam Speaker, Clause 3 in the Bill, as highlighted in the report, proposes that a member of a political party who wishes to contest in a general election as an independent candidate should resign two months prior to the nominations. The recommendation is that this clause, and this was one of my submissions as well, should be deleted from the Bill. If the conversation had taken place in such a way that everyone was brought on board in terms of agreeing on the roadmap and detail, these are provisions that would not have even been in the Bill in the first place.

Madam Speaker, my second submission is on object (a) of the memorandum of the Bill, which the hon. Minister of Justice read out, and is about amending Article 68 to revise the composition of the National Assembly to actualise the delimitation report of the Electoral Commission of Zambia (ECZ). That is what object (a) suggests. The hon. Members who appeared before the Committee acknowledged that one of the ingredients of this discussion is the delimitation report. According to the ECZ’s submission, there is the 2019 report and the 2025 revised report. The people have not been asking for anything complicated. The people have been asking whether the revised 2025 delimitation report can be made public. Is that too difficult for people to ask? I do not think so.

Hon. Member: Is it okay with you?

Mr Kang’ombe drank water.

Hon. Members: Water! Water!

Mr Kang’ombe: Madam Speaker, Clause 9 of the Bill proposes that the mandate of the Constitutional Court be taken away in terms of declaring seats vacant. Article 72(h) provides that a person shall be disqualified as a result of a decision of the Constitutional Court. As a responsible Member of Parliament, I told the Committee, which you appointed, that we cannot have a provision that takes away the mandate of the Constitutional Court. The report indicates that the Committee recognises that stakeholders are not in agreement with the clause. This is the type of productive engagement that should have taken place, because concerns have to be raised by the people. I did my part. I appeared before the Committee, and I submitted the fact that we cannot take away the mandate of the Constitutional Court.

Madam Speaker, under Clause 16 in the Bill, there is a proposal that hon. Members of Parliament should be part of the local municipality. The Committee recommends that hon. Members retain their role in the council as ex-officio members. Now, there are two types of ex-officio members; ex-officio members who sit in the council with voting rights and ex-officio members who sit in the council without voting rights. Two different things. The report has not stated the role hon. Members will play in the council, as ex-officio members. This is a very important observation.

Eng. Nzovu: Question!

Mr Kang’ombe: Madam Speaker, the system prior to 2016 provided for this provision. Hon. Members of Parliament were part of the council. There is the Committee on Local Governance, Housing and Chiefs’ Affairs, which I am privileged to be a member of, and the Committee on Local Government Accounts. These two Committees hold councils accountable for how they spend our money and discharge their mandate. My submission is that if we are responsible for holding councils accountable, we should not have voting rights in the council as ex-officio members because we have a duty to summon the councils and to hold them accountable for how they use public funds.

Madam Speaker, due to the limitation of time, the last item I want to talk about, is Clause 17.

Madam Speaker: Order!

The hon. Member's time expired.

Mr Kang’ombe: Can I proceed, Madam Speaker?

Madam Speaker: Quickly wind up, hon. Member. That is why when you start debating, you should go straight into the body of the debate than giving opening remarks that are too long.

Mr Kang’ombe: Madam Speaker, eight minutes is not enough.

Madam Speaker: You can wind up. I will give you a few more minutes.

Mr Kang’ombe: Madam Speaker, as I wind up, I would like to give a summary of my submission. Today we are privileged to be Members of Parliament. Our responsibility is to learn lessons from processes and systems that occur. There have been concerns around this process. For future purposes, we have a duty to ensure that we comply with the requirement which entails that every stakeholder is given the opportunity to submit to a process.

I thank you, Madam Speaker.

Interruptions

Mr Nkandu: Do you support the Bill?

Madam Speaker: Order, hon. Members!

Let us not impose on anyone.

Hon. Members, there is a suggestion that in order to allow the flow of the debate, maybe, we do away with the break. Hon. Members who feel they cannot do without a break can go and have their tea, but come back and join us. We want to go through this process seamlessly.

Hon. Members: Hear, hear!

Ms Chonya (Kafue): Madam Speaker, I am very grateful for this opportunity you have given me to add my voice to the debate on this very important subject matter at hand.

Madam Speaker, let me start by commending the Committee for the job well done on all the observations and submissions that it received from members of the public. I note that, in fact, most of the people who made submissions were in support of the Bill. What is pleasing is that the Committee took note of the areas that needed amendments so that we can move together. So, generally, that entails that there is consensus on what this Bill is proposing.

Madam Speaker, the consultation process that is being highlighted by my hon. Colleagues, I think, is something which, as far as I am concerned, was done. The opportunity was given. I am glad to hear from the person who debated before me say that, in his patriotism, he made submissions to the technical committee. Every Zambian was given an opportunity to do that. So, today, I think, it is important that we move this process forward, because we have been talking about constitutional amendments for a long time. What is also comforting is that this time around, we settled for Articles that we considered non-contentious, and that Zambians already agreed to in terms of where they wanted to see changes. What has turned out to be contentious among the non-contentious is being addressed, such as the way hon. Members will be replaced when a seat falls vacant. It is encouraging to hear that.

Mr Sampa: On a point of order, Madam Speaker.

Interruptions

Ms Chonya: Madam Speaker, while agreeing with –

Interruptions

Madam Speaker: Order, hon. Members!

Mr Sampa interjected.

Madam Speaker: Order, hon. Member for Matero!

Interruptions

Madam Speaker: Order, hon. Members!

Hon. Member for Matero, I did guide that while the debate is on-going, no one will be allowed to raise any Point of Order, unless it is seriously compelling. Please, do take note and when you are allowed to debate, include what you want to raise in the Point of Order. I had ordered that there would be no Points of Order.

Hon. Member for Matero, you came in late and, maybe, you missed that guidance.

Mr Sampa: It is compelling.

Madam Speaker: No, let us allow the debate to flow.

Mr Sampa interjected.

Madam Speaker: Order, hon. Member for Matero!

Let me allow the hon. Member for Kafue debate. Then, I can consider your issue later.

May the hon. Member for Kafue continue.

Ms Chonya: Thank you, Madam Speaker. Indeed, he has disturbed the flow of my debate, but I think, the point I would like to underscore, again, is that we seem to agree. In fact, we have agreed on many of the proposals in the Bill. Therefore, it is important that we do not delay the process any further. There are a number of good reasons to support the proposals. In fact, many people, even those who initially opposed it, have confirmed that the Bill contains many progressive provisions. So, why must we not agree, legislate and come up with a Constitution that will respond to the aspirations that Zambians have expressed in the previous constitutional amendment processes?

Madam Speaker, the reasons are valid, as outlined by the chairperson of your Committee, but I wish to highlight my support and throw my weight behind the issues of gender, women and youths. Naturally, you appointed me as an ambassador for women political leaders. So, it is my duty to encourage the House that the direction we are moving in is the right trajectory. It will give us women better opportunities. We have cried for thirty years since the Beijing Declaration. The House now has a grand opportunity to change the picture in the way women will be represented. A few of us women who have had the chance to be in this House have sometimes been accused of forgetting about our colleagues and being comfortable because we are here. However, we have the opportunity and a duty to support the proposed legislation, which will bring in many more women so that Zambia does not lag behind on women empowerment.

Madam Speaker, I looked at the statistics before I stood to debate. Zambia, as the House may know, has been at 15 per cent in terms of female gender representation, falling behind our neighbouring countries, such as Zimbabwe, which is already at 30 per cent. South Africa is at 37 per cent. Of course, we are aware of Rwanda, which is a global example. It has 63 per cent women’s representation. More countries in Africa have implemented legislated quotas, which have helped them to improve in that regard. So, if that is not done, Zambia will continue to carry the shame of being a nation that does not seem to respect the status of women when it comes to representation.

Madam Speaker, I also have examples from European countries, which practice proportional representation systems. Finland and Sweden are at 46 per cent and Spain is at 44 per cent. Norway is at 45 per cent, Denmark is at 44 per cent and Belgium is at 43 per cent. All these countries are moving towards 50 per cent women’s representation, where the women would want to be, along with the people living with disabilities.

Madam Speaker, according to the statistics from the 2022 census report, 15 per cent of people live with disabilities in Zambia. The nation has 15 per cent of people living with disabilities, but we cannot legislate to allow, at least, one, two, three or four of them to be in this House. What kind of injustice is that?

Madam Speaker, the youths, indeed, constitute the majority of our population today and it is long overdue that they find their space in this House. Of course, we are talking about responsible youths who will come here and represent the interests of their fellow youths, not youths who will be used by adults to do things that will make them lose their seats, and make us argue and question why we allowed such a proposal. The law will not be a passport for youths to commit illegalities. They will be in this House to do a job and learn from adults.

Madam Speaker, I would like to quote what one leader somewhere outside this country said. The leader said, “These youths, more often, would even forget their friends when they are given an opportunity”. The idea is not that they come to take over, but to learn from adults and do the right thing when they are given full responsibility. For lack of a better word, which is not parliamentary, the House does not expect to see the ‘mischief’ that some youths are associated with.

Madam Speaker, I thought to add the voice of the people of Kafue to the debate, who have given me a full mandate and blessing today to come and represent them on the issues under discussion, especially on delimitation. They want to see their constituency subdivided so that it can be better represented, unlike the current situation.

I thank you, Madam Speaker.

Hon. Members: Hear, hear!

Madam Speaker: Thank you very much, hon. Member for Kafue.

Hon. Member for Matero, I will use my discretion to allow you to raise your Point of Order. I hope you will not derail the process, but this is a democracy. What is your Point of Order?

Mr Sampa: Thank you, Madam Speaker. My Point of Order is very, very compelling.

Madam Speaker, all constitutional office bearers swear to defend and protect the Constitution of Zambia. I am going to lay evidence on the Table that will support my Point of Order.

Mr Sampa walked to the Table.

Madam Speaker: Order!

Hon. Member for Matero, please, go back to your seat.

Hon. Government Members: Go back to your seat!

Mr Sampa laid the paper on the Table.

Madam Speaker: Please, hon. Member for Matero, go back to your seat first. That is not how documents are laid on the Table. Unfortunately, the paper is not admitted.

Interruptions

Madam Speaker: It is not admitted. Take it out.

Interruptions

Madam Speaker: Yes, give it back to him.

Mr Sampa was given back his paper.

Madam Speaker: There are rules on how documents –

Mr Sampa interjected.

Madam Speaker: Order, hon. Member for Matero!

Interruptions

Madam Speaker: Order, hon. Members!

May I have your attention.

Hon. Members, there is a procedure in accordance with our Standing Orders on how documents can be laid on the Table of the House. An hon. Member cannot get a document from a pocket and lay it on the Table without having it verified. So, hon. Member for Matero, that document is not admitted. Consequently, your Point of Order falls off.

We make progress.

Interruptions

Madam Speaker: Order, hon. Members!

Let me give guidance.

Mr Sampa rose.

Madam Speaker: Hon. Member for Matero, please, resume your seat.

Mr Sampa remained standing.

Madam Speaker: Resume your seat, hon. Member for Matero.

Interruptions

Madam Speaker: Order!

Hon. Members, today we have a huge responsibility. I am not going to chase anyone out of the House, no matter what.

Hon. Members: Hear, hear!

Madam Speaker: Those who want to go out can do so on their own. I want to give hon. Members the opportunity to debate the Bill and to vote afterwards. So, let us maintain order and decorum in the House so that we go through the process seamlessly.

I have noted that there might be a possibility of people repeating points that have been made already, and we want to go through this process quickly. So, I will observe and see how the debate will proceed. The next debater, as I try to balance the debate, will be the hon. Member for Bwana Mkubwa.

Mr Mwambazi (Bwana Mkubwa): Madam Speaker, from the outset, I want to thank you most sincerely, and the people of Bwana Mkubwa, for giving me the opportunity to debate the amendments to our Constitution.

Madam Speaker, first and foremost, the Constitution is our covenant with the people of Zambia. It is the highest law of the land. During the amendment or formulation of the Constitution, it is important to reach a consensus and move together.

Madam Speaker, as you have already mentioned, I am an Independent hon. Member of Parliament. Therefore, I will quickly go to the proposal for the amendment of Article 51, which directly addresses the issue of an Independent hon. Member of Parliament.

Madam Speaker, on the amendment in the Constitution of Zambia (Amendment) Bill No. 7 regarding Independent Members, I am here to debate that this amendment should not proceed. We should leave as it is in the current Constitution, the Clause that allows Independent hon. Members of Parliament to contest as and when they are aggrieved by their political party, which. We have that proviso in the current Constitution, and that is how we came to this House, as Independent Members of Parliament. My take is that the proviso should remain the way it is in Article 51 of the Constitution.

Madam Speaker, I will proceed to the amendment concerning by-elections, especially for Members belonging to a political party. I do take cognisance of the provisions or the amendments which have been suggested. However, democracy is expensive. So, it is important that if we intend to mitigate a mischief, we cannot have a by-election for an Independent Member of Parliament and not have a by-election for a Member who belongs to a political party. The amendments have provided that in the event that a Member who belongs to a political party dies, that Member should be merely replaced by the political party. This erodes the democratic right of the people of a constituency to pick a leader to represent them in Parliament, as it were.

Madam Speaker, regarding the amendment of Article 47 to change the electoral system to a mixed-member proportional one, I do not have many issues with it, but suffice it to say that, it is very important that even as we proceed with this amendment, we need to consider people with disabilities. If you look at the composition suggested, you will see that women should be twenty, youths, fifteen, and five people with disabilities. Where I come from, Bwana Mkubwa Constituency, we have a big centre called Kang’onga Production Centre, where people with disabilities learn various skills. How then do we define which disabilities the five persons should have? This is a bit discriminatory. It is important that we balance numbers to ensure that people with disabilities are well represented, as it were. That is my view on Article 47(2) on the forty Members of Parliament to hold seats under proportional representation.

Madam Speaker, notwithstanding Clause 1, the number of nominated Members of Parliament should not exceed five per cent of the Members of Parliament holding constituency-based seats. From what is proposed, if we are to increase the seats, it means that eleven Members of Parliament should be nominated by the President, translating into 11.3 per cent. My take on this one is that, we should have a concrete number rather than a percentage, because the number of seats will keep changing, as it were. If we increase the number of seats to 226, it entails that eleven Members will be nominated by the President. If we increase them to 230, the number of nominated Members will change. So, it is important that we have a fixed number of nominated Members. If it is eleven or twelve, that is what we should enshrine in the Constitution.

Madam Speaker, let me proceed to highlight just a few issues to ensure that our voice, as the people of Bwana Mkubwa, is heard. I will proceed to the proposed amendment to repeal Article 68, which outlines that the National Assembly shall consist of 211 Members of Parliament. These are issues of delimitation. Delimitation is important because if we look at the landmass of constituencies such as Bwana Mkubwa in Ndola District, we will see that in order to ensure that we have development in all corners of the constituency, it is important that we delimit the constituency. However, suffice it to say that it is also very important that stakeholders sit and look at the constituencies which are earmarked for delimitation. If the report were provided by the Electoral Commission of Zambia (ECZ), stakeholders would sit and look at the constituencies earmarked for delimitation. There has to be a give and take. We cannot have everything; we need to give and take, see what we are doing, see which constituencies are earmarked for delimitation and equitably distribute them, as this will help us. That way, we will move in one direction, as stakeholders, to ensure that constituencies like Kasempa and Nyimba, which are more or less countries on their own, have development through the Constituency Development Fund (CDF). The CDF can reach all corners, and the Zambian people can attest to that effect. We need to ensure that we all progress and move as One Zambia, One Nation.

Madam Speaker, I thought of bringing these pertinent issues concerning the aforesaid Articles to the fore. If these Articles are looked at and taken out, then, we can progress and move together, as a nation.

I thank you, Madam Speaker.

Madam Speaker: Thank you very much, hon. Member for Bwana Mkubwa.

Hon. Members, you do not have to use the whole eight minutes. If you can yield some time to others, maybe, that will be better.

Mr Kamboni (Kalomo Central): Madam Speaker, before I begin my speech, I would like to make corrections. Within our Order Paper, here, there are amendments to this Bill that have already been made. Firstly, the one for by-elections has been amended to remain the way it is. This is a listening Government. When people talk, it listens. That is how democracy works. Let me inform the hon. Member of Parliament who spoke earlier that the Clause has been amended. He should check down there. Power to the people. In addition to that,, the provision to do with nominations has been amended. So, we are now moving together.

Madam Speaker: Order, hon. Member!

The proposed amendments have been circulated. Maybe, that is why the hon. Member is talking about the amendment. So, let us allow him to say what he wants to say.

Mr Kamboni: Thank you very much, Madam Speaker.

Madam Speaker, amendments have been circulated, and I read them. Correct.

Madam Speaker, let me now come to my speech. There comes a time when the country comes first, or when it comes above partisan politics, tribe, narrow inclinations and selfish desires. When a country calls you to represent it, you do what is best for it. If you are selected to go out and represent a country, you do so in the best interest of the country. When we sit as a country, when we sit as men and women and youth and the disabled, we do great. In this country, the women are the majority, yet when it comes to representation in this House, very few are here. Only 15 per cent of hon. Members are women. Somebody said that we should guarantee spaces for women to increase the number of women in the House from 15 per cent. This is the cry of every Zambian. Therefore, I support this Bill.

Madam Speaker, again, if you look at the population in this country, you will see that 65 per cent are youths, yet, when the cake is shared, youths are not there. Then somebody says that we should continue sidelining the youth. No, I think it is high time we brought the youth into the House, and this is why today, I am saying that the Constitution of Zambia (Amendment) Bill No. 7 is the best Bill since I was born.

Madam Speaker, the Bill is very inclusive because it talks about increasing the number of women, youths and persons with disability. It talks about the marginalised groups. This is why we are here to support it. Any well-meaning hon. Member of Parliament would surely support this Bill.

Mr Samakayi: Hear, hear!

Mr Kamboni: Madam Speaker, first of all, I will pick Article 47 from the Bill, which talks about mixed-member proportional representation. What does this mean? It means we shall have twenty women, twelve youths and three persons with disability. These will only be selected after the elections, according to how the party performs. For instance, a party like the United National Independence Party (UNIP) would get 50 per cent of the twenty women, 50 per cent of the twelve youths and 50 per cent of the three persons with disabilities. Now, is that bad?

Madam Speaker, some people are saying that will advantage the Government. How? What will advantage the Government when that will only be done after the elections? Which advantage are they talking about? This is going to be done after the elections, and it will be done under a mixed-member proportional representation. For example, a party can get 2 per cent as its share. What is wrong with that? That practice is used in many democratic countries. We do not only have one type of democracy. There are many types. We cannot say this is the only democratic country. No!

Hon. Government Members: Hear, hear!

Mr Kamboni: Madam Speaker, on Google, there are more than three types of democracy. So, proportional representation is used by many progressive countries such as Germany and South Africa.

Hon. Government Members: Hear, hear!

Mr Kamboni: Madam Speaker, therefore, it is a welcome move. Namibia uses it as well.

Hon. Government Members: Hear, hear!

Mr Kamboni: Madam Speaker, there is a Clause that talks about appointment of Members of Parliament. 5 per cent of 156 members is eight, if that is correct mathematics. Now we are talking about 211 Members of Parliament who will have constituencies. 5 per cent of that figure is ten. We are only adding two Members of Parliament. However, what has been circulating from debates by doctors, who are learned, …

Eng. Nzovu: Imagine

Mr Kamboni: … is that we are going to have forty-five or fifty-four nominated Members of Parliament. Where are they getting those figures? What is the reason for not telling the public the truth? Any person is morally obliged to say the truth. The truth is that the President will appoint ten Members of Parliament, and from the eight, we are only adding two. What is wrong with that? I would like to know. Those who are saying the President will appoint fifty-four Members of Parliament, where are they getting that information, and what is their motive?

Madam Speaker, I will also pick Articles 178 and 179, which talk about the Office of the Attorney General. In the past, when Parliament was dissolved, the Office of the Attorney General and the Office of the Solicitor-General would also be dissolved. That is the time when the plundering of resources happened. One role of the Attorney General is to approve requests by the Government to purchase things. Now, if there is no Attorney General for three months, how can a country be run? During the absence of the Attorney General, most people plundered the resources. We now have a good Government whose aim is to save money for desks, medicine and schools. I wonder why people are saying this Bill has bad content.

Hon. Government Members: Quality.

Mr Kamboni: Madam Speaker, all we are saying is that when Parliament is dissolved, the Attorney General and the Solicitor General will continue working until others are appointed. What is wrong with that? May I be told? We should be talking about these issues. That is why we are here. We are here to do what is good for the country. Therefore, this amendment is needed.

Madam Speaker, there have been arguments about the difference between the Constitution of Zambia (Amendment) Bill No. 10 of 2019 (Bill 10) and Constitution of Zambia (Amendment) No. Bill 7 of 2025 (Bill 7)? People are saying that the two Bills are the same. I think I need to go back to Grade 6 to understand this. First of all, Bill 10 had 117 Articles and Bill 7 has thirteen Articles. We have scrapped two, and it now gives us eleven Articls. Are the Bills the same? No!

Madam Speaker, secondly, why did we not accept Bill 10? It is because there was a very dangerous Article in that Bill that allowed the President to nominate as many Members of Parliament as he wished.

Mr Simumba: Question!

Mr Kamboni: Madam Speaker, he could even appoint 400 Members of Parliament. If that Bill was passed, it meant that every day, the sitting President could change the Constitution the way he wanted. In Bill 7, we have adjusted the number of Aticles because we are listening to everybody, for us to get the two-thirds majority. That is what we did not like about Bill 10. If all I have mentioned was not in Bill 10, it would have been passed.

Madam Speaker, in 2016, the Government then passed a Bill which was proposed by a different Government. So, that is why we did not like Bill 10. So, it is not correct to say that Bill 10 and Bill 7 are the same.

The hon. Member’s time expired.

Mr Kamboni: Madam Speaker, thank you very much.

Mr Mutale (Chitambo): Madam Speaker, today, this National Assembly is about to make history.

Hon. Simumba: Hear, hear!

Mr Mutale: Madam Speaker, this history will be written in the books of Zambia, and our children will read about it in future. There can be bad and good history. Now, what are we about to do today? The answer will lie in what we shall do at the end of all these debates. If we fail to pass this Bill, it will be a bad history.

Hon. Government Members: Hear, hear!

Mr Mutale: Madam Speaker, if we pass this Bill, it will be good history.

Hon. Government Members: Hear, hear!

Mr Mutale: Madam Speaker,

Hon. PF Members entered the Assembly Chamber.

Hon. Government Members: Hear, hear!

Madam Speaker: Order!

Mr Mutale: Madam Speaker, in all the things we do …

Madam Speaker: Order!

Hon. Members, let us listen to the debate.

Mr Mutale: Madam Speaker, in all the things we do, there is always the bad and the good. In any portion of things, not everything will be okay, and not everything will suit each other. That is why we have different tastes. We also have different environments.

Madam Speaker, I have picked one Article here which, according to me, is not in good taste. I will barely say it here so that we can talk and evaluate it. This will enable us to make either bad or good history. It is about the mixed-member proportional representation. This choice of wanting to amend the Constitution, to me, does not sit well. I say so because it is not well explained on what happens after an election. The amendments say that Members of Parliament will be appointed to this House by the Electoral Commission of Zambia (ECZ) using the Presidential results or the Presidential proportions.

Madam Speaker, if it shall be under the Presidential proportion, what if we go for a rerun? What happens to the representation of those political parties that will not be allowed to participate in a rerun? It means that those political parties who will not be allowed to go for a rerun and those that will be allowed shall not have equal numbers of members. There will be a very big difference.

Madam Speaker, in South Africa, it is based on the representation of Members of Parliament who have been elected to that House or the number of votes that have been amassed by a political party. That is what I am crying for as an hon. Member of Parliament. The proportional representation should be given to political parties as they garner votes.

Madam Speaker, to that effect, we must also look at another mathematically debatable point, because there shall be some political parties that will not amass a one vote, but they will have fractions. We should provide for that. Let us also allow them to merge as political parties and come up with a whole number one and bring a Member of Parliament here.

Madam Speaker, if we do that, we shall be fair to all political parties, to all members who shall be participating in elections.

Madam Speaker, further to that, I think that the provision for the mixed-member proportional representation electoral system is a very good idea, but people will laugh at us. They will say that we did not read, and just passed things or did not vote for things. When I go back home today, I will say that I read about the electoral system and debated on it. I will not shy away from saying that. No. The hon. Members this side (pointed at hon. UPND Members) should listen to me, and change the mixed-member proportional provision. I hope the hon. Minister is listening. We are not the first hon. Members and we are not the last. The mixed-member proportional provision is in bad taste. They should help me change it. If it is changed, I will vote for the Bill.

I thank you, Madam Speaker.

Madam Speaker: I will move on to the hon. Ministers as debaters. Of course, the hon. Minister of Justice will respond. I will start with the hon. Minister of Information and Media.

Interruptions

Madam Speaker: Hon. Members, just wait. The hon. Ministers are coming in as debaters. You will also be called upon.

The Minister of Information and Media (Mr Mweetwa): Madam Speaker, thank you very much for this rare opportunity you have given me to add my voice to the debate on the Constitution of Zambia (Amendment) Bill.

Madam Speaker, today, I am not just a representative of the people of Choma Central, but of the people of Zambia, as a whole, particularly women, the youth and the differently-abled; those who have been marginalised for the past six decades of Zambia’s Independence, yet are the majority in terms of population. We cannot continue on this trajectory. We sign protocols committing a nation to gender parity, but when we come back home, we talk about different things.

Madam Speaker, allow me to respond to a few things. Firstly, your Committee was well informed by the technical committee and the citizens at large. So, the argument by those people who were concerned about wider consultations falls out. Secondly, others were saying that what we are doing is an illegality and that we will be arrested after we leave. Chapter 12 of the Laws of Zambia; parliamentary privileges and immunities, protects us here, in this House, in what we are doing, and not even the courts of law have jurisdiction over what we are doing here. So, the argument by those who were saying that what we are doing is illegal is destitute of merit at law. Therefore, I urge them to vacate the same. These are not jokes. We have a country to lead and to hand over to the next generation. Today, we are all called to duty; duty to do what is right for this country.

Madam Speaker, Article 76 of our Republican Constitution vests exclusive cognisance, that is to say, exclusive legislative jurisdiction or province for this House to make laws, and nobody else, and democracy is run on the basis of those who are elected to make laws. That is all. Article 79 vests authority in this House to amend the Constitution and Article 79(6) calls for wider consultation. The Constitution is instructive about holding a national referendum, and only 50 per cent of eligible voters are required to say “Yes” to that national question. So, for those who are talking about consultation, the law is clear. When you are amending the Bill of Rights, you have to consult 50 per cent. The rest of the Articles of the Constitution can be amended, in terms of Article 79, by this House.

Madam Speaker, I would like to remind colleagues out there who have had the opportunity to study law to not mislead the nation. The Constitution is basically two parts. Some Articles that are entrenched in the Constitution cannot be amended without a referendum, and that is where you need wider consultation, per se. However, there are also other parts of the Constitution that can be amended by this House. Practice has it that we must consult, and the Constitution of Zambia (Amendment) Bill, 2025, is a product of wide consultations held from 2019. That is why those Articles that were agreed upon when we were in the Opposition have found breath in this Bill, because they are non-contentious.

Madam Speaker, let me indicate, for purposes of emphasis, that the Forum for African Women Educationalists of Zambia (FAWEZA), Women for Change and the Women's Lobby Group, now represented under the umbrella of the Non-Governmental Gender Organisations' Co-ordinating Council (NGOCC), commemorate International Women’s Day every year on 8^th March. These women movement groups always cry for one thing; more women’s participation, particularly in decision-making. Successive Governments shunned opening the door for women. Successive Presidents graced those commemorations but did nothing about the outcry.

In a similar manner that the Access to Information Bill and many other laws, such as the removal of defamation of the President provision, were brought to this House, you have a magnanimous President who is saying yes to women, the youths and the differently-abled. Who are you to oppose the people's wishes? For the first time, the labour movement and the student movement, – I was the president of the University of Zambia Students’ Union (UNZASU), just like Hon. Emmanuel Tembo, and he knows that what I am saying is right. The students –

Mr B. Mpundu: Question!

Mr Mweetwa: You were never. Keep quiet.

Laughter

Madam Speaker: Order, hon. Members!

Let us not debate ourselves.

Hon. Minister, you may continue.

Hon. Members: Water! Water!

Mr Mweetwa drank water.

Interruptions

Mr Mweetwa: Madam Speaker, the labour movement, the student movement and the federation of the differently-abled made a passionate appeal to the hon. Members in the Select Committee to the effect that this particular Bill must pass. This is a forward-looking Bill. This is a people's Bill. It is not like the Constitution of Zambia (Amendment) Bill, No. 10 of 2019, which we opposed because the process wanted to amend Article 189 to remove retired civil servants from the payroll before the Government pays them their terminal benefits. The Constitution of Zambia (Amendment) Bill, No. 10 of 2019 also sought to amend Article 169(4) to have Chiefs vote for the chairperson of the House of Chiefs, and make them political and divide the nation. Further, the Bill sought to amend Article 63(2) to remove this House’s authority to ratify contracts and loans that the Government contracts on behalf of the people of Zambia. It further sought to amend Article 149 to give carte blanche powers to the President to delineate provinces of this country. We said no.

They wanted to amend Article 101 to provide for a coalition government, but we said that it is unstable. They wanted to amend Article 123(6) to abolish the Industrial Relations Court. We said that it is a specialised court that must dispose of people's grievances; the civil servants, the workers. They wanted to amend Article 252 to remove the security of tenure of the Auditor-General. We said no. They wanted to amend Article 262 to introduce a legally disqualified person so that President Hakainde Hichilema would not be President today. Let us stop cheating people. They wanted to amend Article 107 on incapacity so that even if someone becomes senile or non-compos mentis at law, that person should remain in office. What drama is that?

Madam Speaker: Order!

The hon. Minister's time expired.

Mr Mweetwa: Let me conclude, Madam Speaker. The previous Government wanted to amend Article 103 to include that a President-elect can be disqualified from re-contesting in a second-round election. Who does that?

Madam Speaker: Thank you.

Mr Mweetwa: Is that not a recipe for anarchy in a country?

Madam Speaker: Let us make progress.

Thank you, hon. Minister.

Mr Mweetwa: Madam Speaker, in conclusion, the previous Government wanted to re-introduce …

Mr B. Mpundu: No!

Mr Mweetwa: … the position of Deputy Minister, which the people of Zambia have, time and again, rejected.

Madam Speaker, I thank you and take note that, so far, no one has opposed this Bill. We are united.

Madam Speaker: Thank you.

Mr Mweetwa: I thank you, Madam Speaker.

Mr B. Mpundu (Nkana): Madam Speaker, today, we, as hon. Members, are about to make a decision that will alter our constitutional democracy forever. One of the declarations we made when we came to Parliament and stood right beside you was to defend and protect the Constitution. That is a solemn duty bestowed on every hon. Member of Parliament.

Madam Speaker, the fundamental principle of amending any constitution is consensus building. This is not the first time this is happening. This country has amended the Constitution several times. During all the previous times, the fundamental issue has been agreeing on the process and, secondly, on the contents. Let me cite the last attempt to amend the Constitution made by this august House through what was called The Constitution of Zambia (Amendment) Bill No. 10 of 2019, which started with a meeting of political parties in Siavonga, where political parties agreed on a process. That process needed to be protected by a law. The Government came to this august House and enacted a law, which protected the process. Then came the issue of the contents, around which there was general disagreement. That is why the Constitution of Zambia (Amendment) Bill No. 10 of 2019 failed.

Madam Speaker, it must be stated that it is important to reach consensus on the process of amending the Constitution. When the United Party for National Development (UPND) Government initiated the process, it sat down and agreed on parts to be amended in the Constitution. You know that the UPND Government committed an illegality. The Constitutional Court ruled that the process leading to the Constitution of Zambia (Amendment) Bill No.7 of 2025 was unconstitutional.

Interruptions

Mr B. Mpundu: It saddens me, Madam Speaker, that some lawyers who have never even won a case would argue against a constitutional judgment. A constitutional judgment, according to Articles 1 and 128 of the Constitution, binds every State organ, including this Parliament. Whatever we are about to do as hon. Members, posterity stands to judge us. We are about to legitimise an illegality, as stated by the Constitutional Court.

Madam Speaker, let us refresh our memories.

Interruptions

Madam Speaker: Order, hon. Members!

Mr B. Mpundu remained standing.

Mr B. Mpundu: Order, Member for Nkana!

Please, let us –

Mr Kambita: On a Point of Order, Madam Speaker.

Madam Speaker: I had guided that I would not allow any Points of Order.

Hon. Member for Nkana, ensure that when you are debating, you are factual and interpret the judgment of the Constitutional Court according to what was pleaded and what the holding of the court was. Do not read into the judgment things that were not before the court.

You may continue as guided.

Mr B. Mpundu: Madam Speaker, let us refresh our memories. When the Constitution of Zambia (Amendment) Bill No. 7 of 2025 was brought to this august House, it was deferred. Why was it deferred? It is because of what came from the Constitutional Court.

Interruptions

Mr B. Mpundu: Madam Speaker, –

Madam Speaker: Order, hon. Members!

Let us not make assumptions.

Hon. Member, just debate your issues based on facts. Please, debate with verifiable facts. Do not make assumptions or conclusions.

You may continue.

Mr B. Mpundu: The sad part with a fact is that it hits right where one does not like it.

Madam Speaker, the President constituted the Technical Committee, which would have been the origin of what we are doing today. The Technical Committee went around collecting submissions from the people. We all know that the Technical Committee ends with submitting a report to the President. After that, its job ends. It becomes functus officio, which means that its job and authority to hold office have ended. It is procedurally improper and constitutionally illegal for the Technical Committee to submit to the Parliamentary Select Committee. That is according to the law.

Interruptions

Madam Speaker: Order!

Mr B. Mpundu: At least, I, with a diploma in law, can tell that it is illegal.

Interruptions

Madam Speaker: Order, hon. Member for Nkana!

Interruptions

Madam Speaker: Order!

As I guided, hon. Members, I know it is nice to be a lawyer, but if you do not possess the qualifications …

Laughter

Madam Speaker: … do not try to interpret the law. We are discussing the report of the Parliamentary Select Committee and the amendments.

Hon. Member, address yourself to the proposed amendments, whether you support or do not support them. Do not lecture –

Mr B. Mpundu interjected

Madam Speaker: Order, hon. Member for Nkana!

Let us not lecture on things we are not familiar with. We will end up misleading the House and, in the process, the nation.

You may continue, as guided.

Mr Munsanje: Social Studies!

Mr B. Mpundu: Madam Speaker, I swore to speak the truth, whether it hurts people or not. I want to stand on the side of history that will dictate that we did what was right. Here in this august House, we are about to rape the Constitution.

Interruptions

Madam Speaker: Order, hon. Members!

Mr. B. Mpundu: We are about to commit an illegal act.

Madam Speaker: Order, hon. Member for Nkana!

The words that you are using are unparliamentary.

Mr B. Mpundu interjected.

Madam Speaker: Order!

You said that lawyers who have never won a case are now arguing matters. I thought it was – You are not qualified as a lawyer to make such comments. So, hon. Member, address yourself to the report and remain relevant. Address your mind to the proposed amendments and the Committee’s report. Then, you will be on a safe route.

You may continue.

Mr B. Mpundu: The sponsors of the Constitution of Zambia (Amendment) Bill No. 7 of 2025 have, with deception, moved or wanted to entice people, suggesting that they are trying to include the marginalised. Madam Speaker, the current law does not exclude women and youths from being in this House. We have a youth in this House, this one (pointed at Mr Wamunyima). He came to this House because there was political will in the party to which he belongs. The inclusion of the marginalised is not about proposing Bills or amending the Constitution. The current Constitution does provide for that. That is why, under the movement of Ichabaice, we are sponsoring a youth in Chawama.

Hon. Government Members: Question!

Mr B. Mpundu: Madam Speaker, whether the law is amended today or not, it still comes back to political will. If, indeed, the proposers of the constitutional amendment under discussion had sought to include the marginalised groups, we would have seen them demonstrate it in the various appointments they have made so far. There is the Cabinet. How many youths are in it? There are appointments to the foreign service, saved for their relatives. How many other Zambian youths have they appointed?

Interruptions

Madam Speaker: Order, hon. Member for Nkana!

Let us not make allegations that we cannot prove. On that point about employment of relatives, you have no facts to present before this honourable House, to prove what you are saying. Do not make allegations which you cannot prove. Please, stick to the report, you will be safe.

You may continue.

Mr B. Mpundu: Madam Speaker, it is completely deceptive to suggest that you want to delimitate constituencies when you are scared of availing the report that indicates which constituency you want to delimit.

Hon. UPND Members: Question!

Mr B. Mpundu: It is completely deceptive. I know that the United Party for National Development (UPND) is known for being deceptive, but you cannot go to that extent –

Hon. UPND Members: Question!

Madam Speaker: Order!

Hon. Member for Nkana, the use of the word “deceptive,” is unparliamentary. Please, can you withdraw it? Find a better word to use. Can you withdraw the word “deceptive”?

Mr B. Mpundu: Madam Speaker, if it is permissible, I replace it with “misleading.” It is completely misleading to suggest –

Hon. UPND Members: Withdraw!

Mr B. Mpundu: I withdraw the word “deception” and replace it with “misleading.”

These people on your right, Madam Speaker, are misleading the nation. They are purporting to want to delimitate constituencies which they have not unveiled. At this stage, when we are enacting a law, why would we want to hide the constituencies we want to delimit? Why would we want to disenfranchise the people by enacting a clause that stops people from participating in elections as Independents? This is misleading.

Hon. UPND Members: Question!

Mr B. Mpundu: Madam Speaker, I swore right there, that I would stand, defend and protect the Constitution of the land, and I stand by that declaration even today. I will never be a part of illegalities. That is why after this submission, I will go home because I do not want to be a part of the commission of crimes.

Hon. UPND Members: You can go!

Mr B. Mpundu: We are committing illegalities in this House, and posterity will judge us. I hope it will judge us very fairly.

I thank you, Madam Speaker.

Interruptions

Madam Speaker: Order, hon. Members!

The Standing Orders require us to listen to the other side. Hon. Member for Nkana, you made your statement. You debated, and the hon. Members on the right listened to you. So, if you choose to go outside and listen to the radio, it is also okay. However, it is preferred that you sit in and hear the other side because you have your opinion, but there is also another side with a different opinion.

The Minister of Foreign Affairs and International Co-operation (Mr Haimbe, SC.): Madam Speaker, I thank you for giving me this opportunity to add my voice to the debate on the Floor of the House.

Madam Speaker, let me begin by mentioning something very important. The last hon. Member who debated spoke about the oath that we have all sworn, which is to protect and defend the Constitution and the people of Zambia. I would like to place on record that, as I debate this very important matter, the first time I swore that oath was twenty-four years ago, when I was first called to the Bar, before I was made State Council (SC). Therefore, whatever I say on the Floor of this House, whatever I have said previously and as a Member of the Executive, comes from that primary duty to protect the people and the Constitution of Zambia. This Bill does not, in any way, detract from that oath. Let the people of Zambia not be misled and misrepresented here. The fact of the matter is that this Bill, first and foremost, is lawful. It is lawful before this House, whose duty is to legislate. Legislation takes place on the Floor of this House and nowhere else.

Madam Speaker, we have had commentators who have spoken and tried to influence the people of Zambia to the effect that this Bill has not been brought properly before the House. Those commentators have had the rank and dignity to properly speak to the people of Zambia, but have not done so. I will not name names because they are not here to defend themselves, but suffice it to say that the debate has been wide. There have also been attempts to mislead the people of Zambia by quoting Constitutional Court judgments which do not exist. Let us not fall victim to those who do not have the interest of the people of Zambia at heart. Let the hon. Members of Parliament in this House today not be swayed by a false moral argument to the effect that the Bill is illegal. There is no modicum of truth whatsoever, in that suggestion. Therefore, we can vote with a free conscience in support of this very progressive Bill, with the amendments that have been suggested by the hon. Minister of Justice.

Madam Speaker, the process that we are undertaking did not begin with the Constitution of Zambia (Amendment) Bill No. 7. Immediately the New Dawn Administration came into office, the first step that was done was to consult widely on what to do with this Constitution of ours. Beginning as long ago as 2021, we have been consulting. The outcome is now here, but we undertook the process from the word go, which shows the good faith in which the New Dawn Administration has always acted. We have, in doing so, protected our dear democracy. Nowhere before have you seen a situation in which the Executive says, “We want to take this direction,” and the Judiciary is called upon to pronounce itself on the direction that the Executive says it wants to take, and the Judiciary says, “No, take the other direction,” and the Executive listens.

Madam Speaker, what better process can we undertake than where the separation of powers is seen in action through the will of the people themselves, who went to court without any hindrance and the court ordered and said that we were expected to undertake a wide consultation process? What did the Executive do? The Executive responded by appointing a technical committee, and there is a precedent of the manner in which that was done. A technical committee was appointed pursuant to constitutional provisions, Article 92, in particular, which the late President Michael Sata used. He used a similar provision in the form of Article 44 to appoint a technical committee. So, the people of Zambia should not be misled. Did the technical committee undertake what the court asked it to do? The answer is yes. The court specifically asked the technical committee to undertake a process which would involve the nation as a whole, at a minimum, at the provincial and district levels. Was that done? It was done. Therefore, the legitimacy that we are talking about in terms of this process carrying along the people, was undertaken. The people submitted en masse. Almost 12,000 submissions were received. Where is that process today? It came before this august House through the Select Committee. What better democracy in action do we want than that?

Mr Samakayi: Hear, hear!

Mr Haimbe, SC.: Madam Speaker, if those who are opposed to the Bill look closely at the amendments that have been proposed, they will see that the hon. Minister of Justice has said, let us incorporate what the technical committee said we must do, meaning that the Ministry of Justice has incorporated the reasoning and the desire of the people of Zambia. Where is the process faulted in that regard? Nowhere.

Madam Speaker, some have spoken on the Floor of this House and speculated about what the intention might be in terms of delimitation. There is no proof whatsoever that this is what is going to transpire. We cannot use emotions of that kind when making a national decision of this nature. The Constitution itself protects the process of delimitation and puts in place criteria that are to be followed in deciding what is to happen with constituencies in redrawing their lines. Those criteria are objective. The Constitution speaks about matters to do with the population of a particular constituency and the geographical size of a constituency in deciding how –

Mr Kasandwe: Question!

Mr Haimbe, SC.: Take a deep breath and learn. Learn, hon. Member, from those who are qualified to speak.

Hon. UPND Members: Hear, hear!

Mr Haimbe, SC.: Madam Speaker, that process is protected by the Constitution. So, where is the mischief that we are worried about, as we pass the Constitution of Zambia (Amendment) Bill No. 7? The fact of the matter is that constituencies, in certain instances, do not meet the best interests of the people of Zambia.

Mr Samakayi: Hear, hear!

Madam Speaker, through this process, we want to ensure that those who are in large constituencies are able to benefit ultimately, from our progressive programmes such as the Constituency Development Fund (CDF).

Madam Speaker, I just want to speak specifically, to one item which goes close to my heart, which is the proposed Amendment to Article 153, dealing with proportional representation even at council level.

Madam Speaker, I have a daughter who is sixteen years old, and she aspires to be a political player to shape the future of her country. Now, she is allowed under our Constitution at the age of nineteen to be able to stand as a councillor. By the amendments that we are making, I am sure that my daughter will be given a chance that she would not otherwise, have had if she could only approach the process through the usual election mode. That is to say, direct election. We are giving our children an opportunity to be part of their own future. Therefore, I urge hon. Members seated here on your left, Madam Speaker, and on your right, to do the right thing to do the right thing. Let us put away our selfish political interests and vote in favour of this Bill.

Madam Speaker, this Bill is progressive. It shows the future of Zambia and certainly, those of us who took an oath to protect the Constitution will walk with our heads high when this Bill succeeds, because we would have done the right thing for the people of Zambia.

I thank you, Madam Speaker.

Hon. Government Members: Hear, hear!

Madam Speaker: Hon. Members, looking at the flow of the debate, I will call upon one hon. Member from my left and one hon. Member from my right. Thereafter, the hon. Minister will wind up debate.

Mr B. Mpundu: Hammer! Hammer boi!

Mr Kapyanga (Mpika): Madam Speaker, thank you for this opportunity to add the voice of the people of Mpika to this very important discussion.

Mr B. Mpundu: Umwana ushakwata nobwanga.

Mr Kapyanga: Madam Speaker, I stand with a very free mind or conscious because I am not quarantined.

Mr B. Mpundu: That is right.

Laughter

Mr Kapyanga: Madam Speaker, this discussion is very important. In this House, we are shaping the future of our country, either in a bad or good way. We are discussing the Constitution of our Republic. The Constitution is a document of the people of Zambia. The Government is a creature of the Constitution. Therefore, a creature cannot create a Constitution on its own. It is very wrong.

Interruptions

Mr Kapyanga: Madam Speaker, it is like an employee changing the conditions of his or her contract. The Constitution of Zambia (Amendment) Bill No. 7 of 2025 (Bill 7), was created by the Executive Arm of the Government. The Constitutional Court of our republic declared that process null and void. It is a nullity. I heard my hon. Colleague, the Member of Parliament for Mafinga, assuring those of us from here (on the left) that if we vote for Bill 7, we will not be expelled from the party. Well, he is right in his own wisdom, but the decision to expel a Member of Parliament from Parliament lies and resides with the people.

Mr B. Mpundu: That is right!

Mr Kapyanga: Madam Speaker, we are all not herein our personal capacity. We are here as representatives of the people. Where I come from, people have spoken. The people of Mpika have spoken. The chiefs have given their position, and as I stand, I am going to state exactly what they want to hear.

Madam Speaker, the process of making a Constitution should be as good as the content.

Mr B. Mpundu: That is right.

Mr Kapyanga: Madam Speaker, when the process is flawed, even the content itself will be flawed. This is where we are today.

Mr B. Mpundu: That is right.

Mr Kapyanga: Madam Speaker, the Constitution has two parts. This part we are discussing just seeks to give positions to politicians. If we love the people of Zambia, why are we not discussing the part which talks about giving our people economic and social rights?

Mr B. Mpundu: That is right.

Mr Kapyanga: Madam Speaker, we are discussing this part because it is gives politicians more positions. There is an argument that the youths and, women should come to Parliament. Yes, that is very important but we need to know that only those who are politically exposed will come to Parliament, even when the Constitution is amended.

Hon. Government Members: Question!

Mr Kapyanga: Madam Speaker, the powers to recreate or create the Constitution reside totally with the Zambians. For the constitutional making process to start, the people have to be consulted. When Bill 7 was initiated–

Madam Speaker: Order!

Hon. Member, please concentrate on the report and the proposed amendments. That will have more impact than you just speaking on issues that are not covered in the report.

You may proceed as guided.

Mr B. Mpundu: Umwiche, ushakwata nobwanga.

Mr Kapyanga: Madam Speaker, I thank you so much.

Madam Speaker, I was saying that when Bill 7 was introduced to this House, the people’s House, Articles that were going to be amended were tabulated, but later on, it was deferred. After that Bill was deferred, a so-called Technical Committee was constituted. The expectation of the people of Zambia was that after the Constitution of the Technical Committee, this Bill, which was before the House, was going to be withdrawn so that the views that the Technical Committee would collect would form a new Bill. That has not happened.

Madam Speaker, we are discussing–

Interruptions

Madam Speaker: Order!

Hon. Member, let me guide. Hon. Member, do not make assumptions. There is nowhere where it is written that a Technical Committee can only come up with the report or the new draft and what have you. The procedures are very clear. So, let us stick to what is factual. Let us not mislead the members of the public.

Hon. Member for Mpika, you may continue.

Mr B. Mpundu: Jesus on a stolen donkey.

Mr Kapyanga: Madam Speaker, when I came here in 2021, courtesy of the people of Mpika, I swore to defend, protect, and preserve the Constitution of the Republic of Zambia. In the case of Bill 7, the people of Zambia have loudly spoken. The views of our people are loud and clear, and any one of us who does not consider their position is going against their wishes.

Interruptions

Mr B. Mpundu: Lekeni umwiche alande.

Mr Kapyanga: Madam Speaker, in this case, I want to put it on record that I cannot be part of a group of people who have decided with impunity to do an illegality that will lead them to being charged with contempt of court.

Hon. Members: Question!

Mr Kapyanga: Madam Speaker, I say I will not be part of that. On behalf of the people of Mpika, I commit and advise those colleagues who think that they can be charged with contempt of court with impunity. Posterity will judge them harshly. This Constitutional amendment that is taking place here is an illegality. You cannot have a group of people–

Madam Speaker: Order!

Hon. Member for Mpika, can you withdraw the comments that you have mentioned about contempt of court. You were guided. The House was guided in my ruling on the point of order that was raised by the hon. Minister of Home Affairs and Internal Security. So, please, do not comment on matters that you are not–

Mr Kapyanga: Madam Speaker, I have been charged with contempt of court before.

Madam Speaker: Please, withdraw that statement about contempt of court.

Mr Kapyanga: Madam Speaker, I withdraw and still say, to those who have allowed themselves to be used against the wishes of the people of Zambia, posterity will judge them harshly. This Constitutional amendment which is taking place today is an illegality of the waste kind. Where on earth do we have people who do not respect institutions?

Madam Speaker: Order!

Madam Speaker: Order, hon. Member for Mpika!

Debate according to the facts. Do not make allegations that you cannot substantiate. Please, just restrict yourself to the report and debate, because at the rate we are going, I will not be able to give opportunities to other hon. Members. We want to close this issue. So, please, stick to the report.

Hon. Member for Mpika, you may continue.

Mr Kapyanga: Thank you so much, Madam Speaker.

Madam Speaker, I was stating the fact that the process that was used to draft the Constitution of Zambia (Amendment) Bill, No. 7 of 2025 was nullified by the Constitutional Court. There are no two ways about it. That is my position.

Hon. UPND Members: No! No! No!

Madam Speaker: Order!

Hon. Member for Mpika, you have been guided, but you are repeating the same thing. Otherwise, we will move to the next debater because we –

Can you wind up.

Mr Kapyanga: Madam Speaker, like I was saying, I am here to represent the people. When the people state their position on something, it is that same position that I take because I am here to represent them. The Church and the stakeholders have spoken, and that is the position.

Hon. UPND Members: Which church?

Interruptions

Madam Speaker: Order, hon. Member for Mpika!

You have been guided. Please, do not bring the name of the Church into your debate.

Interruptions

Madam Speaker: You are not listening, hon. Member for Mpika. Please, do not bring the name of the Church into your debate. It is not the Church – and you are even showing the rosary. It is not the Catholic Church. Rather, it is some individuals. So, please, do not bring the name of the Church into your debate. Debate as a representative of the people of Mpika.

May you wind up.

Mr Kapyanga: Madam Speaker, as I conclude, I stand here strongly to object to the defilement of the Constitution of the Republic of Zambia.

Interruptions

Madam Speaker: Order!

Mr Kapyanga: Madam Speaker, I want to appeal to everyone, even those who have been paid, to follow what their conscience is saying. They should not support this defilement of the Constitution.

Madam Speaker, I thank you.

Madam Speaker: Order!

Before you resume your seat, hon. Member, can you withdraw the word “defilement” and apologise for using such a word.

Interruptions

Madam Speaker: Withdraw the word and apologise. We are losing time.

Mr Kapyanga: Madam Speaker, I withdraw the word defilement and replace it by saying, those who want to mutilate the Constitution of the Republic of Zambia. I do not support that, and I stand against that.

Interruptions

Madam Speaker: Apologise, hon. Member. I have not heard the apology.

Mr Kapyanga: Madam Speaker, I apologise and still say that they should not mutilate the Constitution.

The Minister of Home Affairs and Internal Security (Mr Mwiimbu, SC.): Madam Speaker, first and foremost, I stand on behalf of the people of Zambia to support the beautiful Constitution of Zambia (Amendment) Bill, No. 7 of 2025.

Madam Speaker, it has been said that we did not follow the process and that, because process protects content, those who are against what we are proposing, the few, will not support the Bill. I have been in this House for a very short period, …

Hon. Member: Question!

Laughter

Mr Mwiimbu, SC.: … of almost twenty-four years, and I have participated in various constitutional processes. For the avoidance of doubt, during the reign of the late President Levy Patrick Mwanawasa, the National Constitution Conference (NCC) was held, and that was the process that we undertook to amend the Constitution. That process failed and was not supported by the same people and organisations, who are against what we are doing today. We later held the National Dialogue Forum to discuss issues of the Constitution. The same organisations and individuals did not support the process. We came to the Constitution of Zambia (Amendment) Bill, No. 10 of 2019, and the same individuals, now with us at the time, did not support the process. It, therefore, entails that there has not been a time when there was consensus over issues of constitutional making in this country.

Madam Speaker, it has also been said that this particular Constitution of Zambia (Amendment) Bill seeks to protect the presidency of President Hakainde. The proposed amendments to the Constitution have nothing to do with the benefits that will accrue to President Hakainde. None at all. I will demonstrate later, if I will have enough time. The amendments have been structured in a way to support the interests of the people of Zambia. These amendments have to anchor themselves on the political, social and economic aspirations of the people of Zambia, nothing to do with the presidency of the Republic.

Madam Speaker, it has been said that the people of Zambia should be the ones driving the constitutional-making process. The Constitution of Zambia is very instructive. There are only three ways of amending the Constitution in this country. Firstly, through an hon. Member of Parliament moving a Motion. Secondly, through a member of the public filing in a petition to Parliament to amend the Constitution. Thirdly, and lastly, through the President of the Republic of Zambia initiating the process. Those are the only ways you can amend the Constitution. There is no other way.

Madam Speaker, for the avoidance of doubt, I would like to quote Article 64(1):

“A Member of Parliament or Minister may introduce a Bill in the National Assembly.”

Madam Speaker, secondly, Article 88(1) states as follows:

“A citizen may petition the National Assembly ...”

Madam Speaker, thirdly, the President can do it through Article 92. There is no other process.

Madam Speaker, this is a listening Government, and we have listened to the people of Zambia through the technical committee and submissions made to the Select Committee. Therefore, we take into account the views of the people. We have incorporated the views of the people of Zambia. We have also incorporated the views of hon. Members of Parliament.

I have also heard the issues raised by the hon. Members of Parliament for Kamfinsa, Bwana Mkubwa, Muchinga and Chitambo. All their concerns have been addressed. The issues pertaining to by-elections and nominations have been removed.

Hon. Government Members: Hear, hear!

Mr Mwiimbu, SC.: Is there any other issue?

Hon. Government Members: No!

Mr Mwiimbu, SC.: There is only one issue that the House should deal with now; to vote …

Hon. Government Members: Hear, hear!

Mr Mwiimbu, SC.: … and ensure that the people of Zambia get a good amendment to the Constitution. However, we will tell the people of Zambia that we are aware of hon. Members of Parliament who are against delimitation. We know them and we will tell the people. We will also tell the people of Zambia that there are hon. Members of Parliament in this House who do not support women coming to be part of this House. We will tell the youths that there are hon. Members of Parliament who do not want them to be part of Parliament. We know them and we shall tell the people. Even the one who says he leads Ichabaiche does not want youths to be leaders in this country.

Hon. Members: Hear, hear!

Mr Mwiimbu, SC.: Madam Speaker, youths should not be misled by those who claim to be their leaders, but do not want them to be in Parliament. They should not follow them.

Madam Speaker, we are very happy that today the House is united. Hon. Members of the Patriotic Front (PF), the United Party for National Development (UPND) and Independent hon. Members are all going to vote for the Constitution of Zambia (Amendment) Bill No. 7 of 2025 for the benefit of the country, especially women, who have been agitating for positive discrimination in their favour, and the youths.

Madam Speaker, I would like to urge all the hon. Members here to support the Bill and ensure that there is representation for the marginalised groups in the country.

I thank you, Madam Speaker.

Madam Speaker: Thank you.

Hon. Members: Hear, hear!

Madam Speaker: Hon. Members, as the hon. Minister of Justice winds up the debate on the Bill, please, resume your assigned seats.

May the hon. Minister wind up the debate.

Ms Kasune: Madam Speaker, history is being made. I am glad that on the day that history is being made, you are seated as the first female Speaker of the National Assembly. I am also glad that as I am standing in as a representation of the marginalised women for decades, I am the Minister of Justice. How much more can we ask for from the able leadership under His Excellency the President of the Republic of Zambia, Mr Hakainde Hichilema, whose vice is the second female Vice-President? So, my hon. Colleagues are standing on the right side of history. Today is the day.

Madam Speaker, without further ado, allow me to thank your Parliamentary Select Committee and staff for the job well done in receiving various stakeholder submissions from the people of Zambia.

Madam Speaker, the Constitution of Zambia (Amendment) Bill No. 7 of 2025 is not merely –

Interruptions

Ms Kasune: Madam Speaker, maybe, we can have some silence.

Madam Speaker: Order, hon. Members!

Let us listen to the winding-up of the debate.

Ms Kasune: Silence, please, hon. Colleagues.

Madam Speaker, the Constitution of Zambia (Amendment) Bill No. 7 of 2025 is not merely a legal document. It is a covenant with the people of Zambia. It is about inclusion, fairness, representation and strengthening of our democracy so that every Zambian can see themselves represented in the governance of our great nation, the Republic of Zambia.

Madam Speaker, this Bill seeks to amend the Constitution of Zambia No. 1 of the Laws of Zambia to respond to the real and practical concerns raised by the Zambian people over many years, if not decades. It addresses the gaps, ambiguities and, indeed, operational challenges that have made some provisions difficult to implement. Our objective, therefore, is singular and clear: To make our Constitution work for the betterment of the people of Zambia and many generations to come.

Madam Speaker, this Bill is grounded and has gone through national consultation, as already alluded to by my hon. Colleagues. It is also informed by various constitutional review processes, including the Mvunga Constitutional Review Commission of 1995, the Mung’omba Constitutional Review Commission of 2005 and the Electoral Reform Technical Committee Report of 2025, as well as international best practices.

Madam Speaker, your Government has also carefully considered conversations, observations and recommendations of the Select Committee of this honourable House. Further, the recommendations of the Technical Committee appointed by President Hakainde Hichilema on 2^nd October, 2025, to consult the people and draft the amendment of the Constitution have been considered. That is what a listening Government does.

Madam Speaker, allow me, therefore, to highlight some of the critical key proposals contained in this Bill, as previously outlined to this House in my Ministerial Statement, which I delivered on 26^th March, 2025.

Madam Speaker, firstly, on the constituency and ward delimitation, the Bill seeks to amend the Constitution to actualise the delimitation of constituencies and wards by the Electoral Commission of Zambia (ECZ) every ten years. We do not want to abrogate the law. This is a direct answer to the cries of the Zambian people who feel underrepresented due to the population shift and growing communities. Fair representation is the bedrock of democracy, and the amendment seeks to deliver just that. Your able Government, based on the cries of the people, seeks to increase the constituency-based seats. This is the part that the ears of my hon. Colleagues and the people of the Republic of Zambia should pick up. The constituency-based seats will increase once this Bill is passed, from 156 to 226, in line with the Mushabati Technical Committee Report of 2025. This is to enable equitable distribution of resources. So, those who were saying that the Technical Committee Report was thrown away, once again, have been proved wrong.

Madam Speaker, secondly, regarding the filing in of fresh nominations, the Bill seeks to provide clarity on the process for filing in fresh nominations following the resignation of a candidate for elections. The current provision of the Constitution under Article 52 provides for a nomination process that may create a never-ending process of nomination, as it does not exclude, after filing in of the nomination papers, to force an extension to the date set for an election, and this we have all witnessed.

The current provision in the Constitution does not differentiate the circumstances when filing of fresh nominations may be necessary. It does not differentiate the situation between a candidate who resigns and a candidate who dies after filing in a nomination. Therefore, the amendment seeks to provide clarity on this very important matter. Thirdly and most importantly, my hon. Colleagues in the House, and the nation at large, the Bill seeks to make sure that the House is inclusive, through the introduction of a mixed-member proportional representation electoral system. This will provide for the election of Members of Parliament through first-past-the-post electoral system and reservation of seats for women, youths and persons living with disability through proportional representation. Therefore, let us take time, hon. Colleagues, to look at our neighbours. Do they represent the population of this nation in terms of gender?

Hon. UPND Members: No!

Ms Kasune: The answer is no. Does the situation in this House represent the youth of this nation? The answer is no. When we look around this House, we do not see young people or the differently abled people. They are not in this House. This is a failure. This situation in the House does not represent the demography of our nation. Even in the region, we are the country with the least number of women representatives. This must change, and it must change now. This has been the cry of the Zambian people, as my hon. Colleagues have already debated. The advocate of policy, Hon. Chonya, also raised this tremendous issue. It has been the cry of the Zambian people to increase the number of women representatives. This issue has also been overwhelmingly recommended in previous constitutional reviews. For too long, women have remained on the margins of national decision-making, despite constituting the majority of our population. Therefore, the reforms are a bold statement by Zambians. Indeed, democracy should not be just for a few. We are here to ensure that a woman in Kasama also has a share of the cake.

Madam Speaker: Order!

Sorry, hon. Minister, I think that hon. Members are anxious. They want to vote. Please, can you wind up debate.

Hon. UPND Members: Hear, hear!

Ms Kasune: Thank you, Madam Speaker.

I do not want to leave out other issues. However, I get your guidance.

Madam Speaker, as for women, the number in the House will now be twenty. The number of youths in the House will be fifteen, while that of people with disability will be five. These are the differences that you all wanted.

Madam Speaker, as for the matter concerning Independents –

Madam Speaker: Sorry, hon. Minister. Please, wind up.

Ms Kasune: Okay.

Hon. Members rose.

Madam Speaker: Hon. Members, resume your assigned seats. Otherwise, you will not be able to vote.

Hon. Minister, please, wind up debate.

Ms Kasune: Okay.

I thank you, Madam Speaker.

Hon. UPND Members: Hear, hear!

Ms Kasune: It is for this reason that I now urge this very important House to support this Bill wholeheartedly.

Madam Speaker, I thank you.

Hon. UPND Members: Hear, hear!

Madam Speaker: Order, hon. Members!

Hon. Members, before I put the question, I wish to guide the House that, considering that this is a Bill to amend the Constitution, Article 79(2) of the Constitution provides that a Bill to amend the Constitution shall not be passed, unless the Bill is supported at Second Reading and Third Reading stages by the votes of not less than two-thirds of all the Members of the Assembly. In this regard, when I put the question, the House will proceed to vote.

Interruptions

Madam Speaker: Order, hon. Members!

You will be given an opportunity to resume your seats. Let us just go through this process.

Question that the Bill be now read the second time put and the House voted.

(Division list to be inserted)

Ayes – (131)

Noes – (02)

Abstention – (0)

Hon. Members: Hear, hear!

Question accordingly agreed to.

HOUSE IN COMMITTEE

[THE CHAIRPERSON OF THE COMMITTEES in the

Chair]

THE CONSTITUTION OF ZAMBIA (Amendment) Bill, 2025

Clause 1 ordered to stand part of the Bill.

CLAUSE 2 – (Amendment of Article 47)

The Minister of Justice (Ms Kasune): Madam Speaker, I beg to move an amendment in Clause 2, on page 3, in lines 5 to 18 and on page 4, in lines 1 to 9, by the deletion of Clause 2 and the substitution therefor of the following:

2. Article 47 of the Constitution is amended by –

(a) deletion of clauses (2) and (3) and the substitution therefor of the following:

(2) Elections to the National Assembly shall be

Conducted under a mixed-member

Proportional representation electoral system

As follows:

First-past-the-post electoral system

for Members of Parliament contesting for constituency-based

seats; and

Proportional representation electoral system for women, youths and persons with disabilities as prescribed; and

(3) Elections to councils shall be conducted under a mixed-member proportional representation electoral system, as follows:

First-past-the-post electoral system for mayor or council chairperson;

First-past-the-post electoral system for candidates contesting forward-based seats; and

proportional representation electoral system for a specified number of women, youths and persons with disabilities as prescribed.;

(b) the insertion of the following new clause immediately after clause (3):

(4) the seats under the proportional representation electoral system, referred to in clause (2) (b) and (3) (c), shall be distributed, as prescribed, after a general election, by the electoral commission, to political parties, in proportion to the total number of valid votes received by a presidential candidate.; and

Amendment agreed to. Clause amended accordingly.

Clause 2, as amended, ordered to stand part of the Bill.

Clause 2 ordered to stand part of the Bill.

CLAUSE 3 – (Amendment of Article 51)

The Minister of Justice (Ms Kasune): Madam Chairperson, I beg to move an amendment in Clause 3, on page 4, in lines 10 to 12 by the deletion of Clause 3.

Amendment agreed to. Clause amended accordingly.

Clause 3, as amended, ordered to stand part of the Bill.

Clause 3 ordered to stand part of the Bill.

CLAUSE 4 – (Amendment of Article 52)

The Minister of Justice (Ms Kasune): Madam Chairperson, I beg to move an amendment in clause 4:

on page 4, in lines 16 to 24 by the deletion of clause (1) and the substitution therefor of the following:

A person who intends to be a candidate for election as President, Member of Parliament for a constituency-based seat, mayor, council chairperson, or councillor for a ward- based seat shall file that person's nomination paper to a returning officer, supported by an affidavit stating that the person is qualified for nomination for election as President, Member of Parliament for a constituency-based seat, mayor, council chairperson, or councillor for a ward- based seat, in the manner, on the day, and at the time and place set by the Electoral Commission, by regulations.; and

on page 5, in lines 5 to 11by the deletion of paragraph (c) and the substitution therefor of the following:

(c) sponsored by a political party dies before the date prescribed for the holding of an election, the Electoral Commission shall cancel the election, and call for the filing of a fresh nomination by the political party whose candidate died, and the election shall be held within thirty days of the filing of the fresh nomination ...

Amendment agreed to. Clause amended accordingly.

Clause 4, as amended, ordered to stand part of the Bill.

Clause 4 ordered to stand part of the Bill.

CLAUSE 5 – (Repeal and replacement of Article 57 By-elections for Independent member of parliament, mayor, council chairperson or councillor)

The Minister of Justice (Ms Kasune): Madam Chairperson, I beg to move an amendment in Clause 5, on page 5, in lines 12 to 24 by the deletion of Clause 5.

Amendment agreed to. Clause amended accordingly.

Clause 5, as amended, ordered to stand part of the Bill.

Clause 5 ordered to stand part of the Bill.

Clause 6 ordered to stand part of the Bill.

CLAUSE 7 – (Repeal and Replacement of Article 68)

Ms Kasune: Madam Chairperson, I beg to move an amendment in Clause 7, on page 5, in lines 30 to 40 and on page 6, in lines 1 to 11 by the deletion of Clause 7 and the substitution therefor of the following:

7. The Constitution is amended by the repeal of Article 68 and the substitution therefor of the following:

68. (1) Subject to Article 82(5), the National Assembly shall consist of –

two hundred and twenty-six Members of Parliament holding constituency-based seats;

forty Members of Parliament holding seats under the proportional representation electoral system in accordance with Article 47(2)(b) as follows:

twenty women;
fifteen youths; and
five persons with disabilities;

not more than eleven nominated Members of Parliament;

the Vice-President;

the Speaker; and

the First and Second Deputy Speakers.

(2) Notwithstanding Clause (1) (c), the number of nominated Members of Parliament shall not exceed five per cent of the Members of Parliament holding constituency-based seats.

Amendment agreed to. Clause amended accordingly.

Clause 7, as amended, ordered to stand part of the Bill.

CLAUSE 8 – (Amendment of Article 71)

Ms Kasune: Madam Chairperson, I beg to move an amendment in Clause 8, on page 6, in lines 12 to 17 by the deletion of Clause 8 and the substitution therefor of the following:

8. The Constitution is amended by the repeal of Article 71 and the substitution therefor

of the following:

71. (1) A nomination for a candidate of a constituency-based seat is valid if the

candidate –

has paid a prescribed election fee to the Electoral Commission; and

is supported by at least fifteen persons registered as voters in the constituency in which the candidate is contesting for election.

(2) A nomination for a seat under the proportional representation electoral system,

referred to in Article 47(2)(b) is valid if a prescribed election fee is paid to the Electoral Commission.

Amendment agreed to. Clause amended accordingly.

Clause 8, as amended, ordered to stand part of the Bill.

CLAUSE 9 – (Amendment of Article 72)

Ms Kasune: Madam Chairperson, I beg to move an amendment in Clause 9, on page 6, in lines 18 to 34 and on page 7, in lines 1 to 20 by the deletion of Clause 9.

Amendment agreed to. Clause amended accordingly.

Clause 9, as amended, ordered to stand part of the Bill.

Clause 10 ordered to stand part of the Bill.

CLAUSE 11 – (Repeal and replacement of Article 81)

Ms Kasune: Madam Chairperson, I beg to move an amendment in Clause 11, on page 7, in lines 24 to 35 and on page 8, in lines 1 to 34 by the deletion of Clause 11 and the substitution therefor of the following:

11. Article 81 of the Constitution is amended by the deletion of Clause (3) and the substitution therefor of the following:

(3) Parliament shall stand dissolved ninety days before the holding of the next general election but Members of Parliament shall be deemed to have served until a day before the next general election.

Amendment agreed to. Clause amended accordingly.

Clause 11, as amended, ordered to stand part of the Bill.

Clauses 12, 13, 14 and 15 ordered to stand part of the Bill.

CLAUSE 16 – (Amendment of Article 153)

Ms Kasune: Madam Chairperson, I beg to move an amendment in Clause 16, on page 9, in lines 15 to 32 and on page 10, in lines 1 to 3 by the deletion of Clause 16 and the substitution therefor of the following:

Amendment of 16. Article 153 of the Constitution is amended -

Article 153 (a) by the deletion of Clause (2) and the substitution therefor of the following:

(2) A council shall consist of the following members:

persons elected in accordance with Clause (1);
a Member of Parliament from each constituency within the district;
a mayor or council chairperson elected in accordance with Article 154; and
not more than three chiefs representing chiefs in the district, elected by the chiefs in the district.;

(b) in Clause (3), by the deletion of the words "Clause (2)(b)" and the substitution therefor of the words ‘Clause (2)(d)’;

(c) in Clause (4), by the deletion of the words ", excluding councillors specified under Clause (2)(b)," and the substitution therefor of the words ‘in accordance with Clause (1)’; and

(d) by the insertion of the following new Clause immediately after Clause (6):

(7) Notwithstanding Clause (6),

members of a council shall be

deemed to have served until a day

before the next general election.

Amendment agreed to. Clause amended accordingly.

Clause 16, as amended, ordered to stand part of the Bill.

CLAUSE 16 – (Amendment of Article 153)

Mr Kang’ombe (Kamfinsa): Madam Chairperson, I was worried that I was not going to be given time to move the amendment.

The Chairperson: No. I was coming to you.

Laughter

Mr Kang’ombe: Madam Chairperson, I beg to move an amendment in Clause 16, on page 9, in lines 15 to 32 and on page 10, in lines 1 to 3 by the deletion of Clause 16.

Madam Chairperson, I submitted five amendments, and one of them was on Clause 3, which has since been deleted, relating to Independent hon. Members of Parliament. Now we are looking at Clause 16.

Madam Speaker, I would like to refer the people who are gathered here, in this House, today to page 13 of the report of the Committee. The second sentence under Clause 16 reads as follows:

“Stakeholders submitted that the proposed amendment compromised the fundamental principle of separation of powers and decentralisation.”

Madam Chairperson, my amendment is what I referred to in my earlier debate. Currently, we have 116 local authorities in Zambia and, because of that, we have 156 hon. Members of Parliament. The principle of holding one entity accountable is that you cannot be part of the platform which, at the same time, you have to hold accountable for the work that it does. The principle is that if a local authority has hon. Members of Parliament who sit in that particular chamber, who then performs the duty of holding the local authority accountable? I think, I raised this issue when I was debating earlier. We had this scenario prior to 2016. The old practice was that hon. Members of Parliament in a district were part of the local authorities, but there was one major problem of who provides oversight. That is why, as part of the 2016 amendments, it was suggested that, as opposed to Councillors also interacting with hon. Members of Parliament in the chamber, it would be important for one entity to be at a different layer. That is how the 2016 amendment introducing the exclusion of hon. Members of Parliament from the chamber came about.

My submission, Madam Chairperson, under Clause 16, is that we do not need to amend Article 153 of the Republican Constitution because it is clear. The roles of a Member of Parliament and a councillor are defined. When councils are making decisions, there is no need for Members of Parliament to sit in the chamber when they have the responsibility of holding councils accountable.

Madam Chairperson, I am a Member of your Committee on Local Governance, Housing and Chiefs’ Affairs. One of the things we do is to summon local authorities. So, why should we, as hon. Members, be part of an entity which we hold accountable? That is why, for me, my submission is that Clause 16 of the Constitution of Zambia (Amendment) Bill No. 7 of 2025 should not include the provision that allows hon. Members of Parliament to be part of the council.

Madam Chairperson, I even went to the extent of suggesting –

The Chairperson: Mr Kang’ombe, you were just supposed to move the amendment that has already been circulated. Hon. Members already have the amendment. They know what you want to amend. So, you are simply supposed to move the amendment. Are you done?

Mr Kang’ombe: Madam Chairperson, in the past, you allowed us to debate amendments.

Interruptions

Mr Kang’ombe: That is a fact.

The Chairperson: We need to make progress. There is no need to vote. Are you done?

Mr Kang’ombe indicated assent.

Ms Kasune: Madam Chairperson, I have heard the concerns of the hon. Member of Parliament, but they have already been taken care of. With that, I maintain the earlier amendment.

I thank you, Madam Chairperson.

The Chairperson: Thank you.

Hon. Members, I will put the question on the amendment by Mr Kang’ombe.

Ms Kasune: Sorry, Madam Chairperson, I would like to clarify that the Government is not agreeing to the amendment moved by Hon. Kang’ombe, but maintaining the proposed amendment raised by the Executive. So, it is a ‘no’ to the amendment moved by Hon. Kang’ombe, even though the Government has heard his concerns.

I thank you, Madam Chairperson.

Laughter

The Chairperson: Hon. Minister of Justice, your amendment has already been taken care of. It was cleared. So, we are now dealing with the amendment raised by Mr Christopher Kang’ombe. It is up to the House to either agree to it or not. That is why I was about to put a question. If hon. Members do not agree to it, then it will fall off.

Question that Clause 16 be further amended put and negatived.

Clause 16 ordered to stand part of the Bill.

CLAUSE 17 – (Repeal and replacement of Article 154)

Mr Kangombe: Madam Chairperson, I beg to move an amendment in Clause 17, on page 10, in lines 4 to 22 by the deletion of Clause 17.

I thank you, Madam Chairperson.

Interruptions

The Chairperson: I have not finished. I have not put the question.

Laughter

The Chairperson: Hon. Members, that is the language and procedure that we follow. When I put the question, that is the conclusion of an amendment. So, I will put the question with regard to the amendment moved by Mr Christopher Kang’ombe.

Question that Clause 17 be amended put and negatived.

Clauses 17 ordered to stand part of the Bill.

CLAUSE 18 – (Repeal and replacement of Article 158)

Ms Kasune: Madam Chairperson, I beg to move an amendment in Clause 18, on page 10, in lines 23 to 37 and on page 11, in lines 1 to 16 by the deletion of Clause 18.

Madam Chairperson, I thank you.

Amendment agreed to. Clause amended accordingly.

Clause 18, as amended, ordered to stand part of the Bill.

Clauses 19 ordered to stand part of the Bill.

CLAUSE 20 – (Amendment of Article 176)

Mr Kang’ombe: Madam Chairperson, I thought I would be allowed to debate the amendments. However, I beg to move an amendment in Clause 20, on page 11, in lines 20 to 22 by the deletion of Clause 20.

I thank you, Madam Chairperson.

The Chairperson: Do you want to debate that proposal?

Mr Kang’ombe indicated dissent.

Question that Clause 20 be amended put and negatived.

Clauses 20 ordered to stand part of the Bill.

The Chairperson: We move to Clauses 21 and 22. Mr Fube, who was supposed to move amendments to the two clauses, has walked out of the Chamber.

Clauses 21 and 22 ordered to stand part of the Bill.

CLAUSE 23 – (Amendment of Article 266)

Ms Kasune: Madam Chairperson, I beg to move an amendment in Clause 23, on page 12:

in lines 1 to 4 by the deletion of the definition of “by-election”; and

after line 26 by the insertion of the following new definition:

“ward-based seat” means a seat in a council that is held by a councillor elected under the first-past-the-post electoral system.

Madam Chairperson, I thank you.

Amendment agreed to. Clause amended accordingly.

Clause 23, as amended, ordered to stand part of the Bill.

GENERAL AMENDMENT

Ms Kasune: Madam Chairperson, I beg to move a General Amendment on pages 4 to 12, by the renumbering of clauses 4 to 23 as clauses 3 to 19, respectively.

Amendment agreed to. New numbering ordered to stand part of the Bill.

GENERAL AMENDMENT

Mr Kang’ombe: Madam Chairperson, I beg to move a General Amendment on pages 10 to 12 by the numbering of clauses 18 to 23 as clauses 16 to 20, respectively.

Question that pages 10 to 12 be amended by the numbering of clauses 18 to 23 as clauses 16 to 20 put and negatived.

Clauses 18 to 23 ordered to stand part of the Bill.

Title agreed to.

_______

HOUSE RESUMED

[MADAM SPEAKER in the Chair]

THE CONSTITUTION OF ZAMBIA (Amendment) BILL, 2025

The following Bill was reported to the House as having passed through Committee with amendments:

The Constitution of Zambia (Amendment) Bill, 2025.

Madam Speaker: Hon. Members, the idea is for us to conclude business, then, we can go for lunch. We are almost there. Please, tighten your belts.

Hon. Members: Hear, hear!

Laughter

REPORT STAGE

The Constitution of Zambia (Amendment) Bill, 2025.

Report adopted.

Third Reading today.

Interruptions

Madam Speaker: Order, hon. Members!

Let us encourage the hon. Minister.

THIRD READING

Madam Speaker: Hon. Members, I wish to remind the House that, as earlier announced, this is a Bill to amend the Constitution, and, as such, requires to be supported by not less than two-thirds of the votes of all the Members of the Assembly, in accordance with Article 79(2) of the Constitution. In this regard, the House will proceed to vote.

Question that the Bill be now read the third time put and the House voted.

Question accordingly agreed to, with more than two-thirds of all Members voting in the affirmative, and the Bill read the third time and passed.

_______

(Division list to be inserted)

Ayes – (135)

Noes – (0)

Abstention – (0)

Question accordingly agreed to.

_______

ANNOUNCEMENT BY MADAM SPEAKER

LUNCH BREAK

Madam Speaker: Hon. Members, before we proceed, I have an announcement to make, and it relates to lunch. I do not know whether you want to have lunch, but whatever it is, please, do eat something. So, lunch break will follow soon after we adjourn. Hon. Members will not come back to the House after lunch because we are concluding business.

Hon. Members will have their lunch in the restaurant here at Parliament Buildings. Members of staff and officials from the ministry will have their lunch at the Members' Motel. Transport to and from the Members’ Motel for staff and officials from the ministry will be available at the entrance of the Library Building. Lunch for you hon. Members, officials from the ministry and staff of the National Assembly will be provided by courtesy of none other than Yours Truly.

I wish you a Merry Christmas.

I thank you.

Hon. Members: Hear, hear!

_______

MOTION

ADJOURNMENT SINE DIE

The Vice-President (Dr Nalumango): Madam Speaker, I beg to move that the House do adjourn sine die.

Question put and agreed to.

_______

The House adjourned accordingly at 1306 hours on Monday, 15^th December, 2025, sine die.

____________

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