ZAMBIA’S CONSTITUTION-MAKING PROCESS

The report examines the impasse in Zambia's ongoing effort to draft a new constitution, highlighting a historical pattern of executive-driven processes that lack public legitimacy. It details the current friction between the Patriotic Front (PF) government and civil society organisations (CSOs) over the validation and adoption of the draft, specifically the role of the Inquiries Act and the demand for a national referendum. The author argues that without a transparent, inclusive roadmap, the process risks being viewed as illegitimate, potentially threatening security and stability ahead of the 2016 general elections.

• Zambia has a history of elite-driven constitutional reviews, with six distinct phases since 1964, most of which lacked popular support and legitimacy.
• The government's repeated use of the Inquiries Act to appoint review commissions is a primary source of conflict, as the Act grants the President exclusive control over reports and the power to reject recommendations.
• The current process (2011-2013) is marked by uncertainty, missed deadlines by the Technical Committee on Drafting the Zambian Constitution (TCDZC), and concerns that the ruling Patriotic Front (PF) is manipulating the agenda.
• Civil society organisations, including a coalition of over 260 groups, have demanded a clear roadmap and the immediate public release of the final draft to prevent unilateral government adoption.
• There are significant legal and procedural disputes regarding the adoption of the constitution, specifically whether it should be enacted via a parliamentary bill or a national referendum.
• The report warns that a lack of popular legitimacy in the constitution-making process could have severe consequences for Zambia's security and political stability before the 2016 general elections.

APA

MOTSAMAI, D. (2014). ZAMBIA’S CONSTITUTION-MAKING PROCESS. Institute for Security Studies. https://issafrica.s3.amazonaws.com/site/uploads/SitRep2014_15Jan_2.pdf

Chicago

MOTSAMAI, DIMPHO. ZAMBIA’S CONSTITUTION-MAKING PROCESS. Institute for Security Studies, 2014. https://issafrica.s3.amazonaws.com/site/uploads/SitRep2014_15Jan_2.pdf.

Wikipedia

{{cite report |last1=MOTSAMAI |first1=DIMPHO |title=ZAMBIA’S CONSTITUTION-MAKING PROCESS |publisher=Institute for Security Studies |date=January 2014 |url=https://issafrica.s3.amazonaws.com/site/uploads/SitRep2014_15Jan_2.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{motsamai2014zambias, author = {MOTSAMAI, DIMPHO}, title = {{ZAMBIA’S CONSTITUTION-MAKING PROCESS}}, institution = {Institute for Security Studies}, year = {2014}, month = jan, url = {https://issafrica.s3.amazonaws.com/site/uploads/SitRep2014_15Jan_2.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }