LCK Freedom Foundation and Chapter One Foundation File Joint Petition in the Constitutional Court Challenging the Zambia–US Health Aid Agreements Friday, 10th April, 2026 Press Statement
Linda Kasonde, LCK Freedom Foundation Executive Director (left) with Josiah Kalala Chapter One Foundation (COF) Executive Director (right)
The LCK Freedom Foundation and Chapter One Foundation have jointly filed a Petition in the Constitutional Court of Zambia challenging the failure of the Executive arm of Government to submit the Zambia–United States of America Health Aid Memorandum of Understanding (“MoU”) and an associated Bilateral Compact Agreement to the National Assembly for scrutiny and approval, as required by Article 63(2) of the Constitution of Zambia.
We have been raising concerns about the proposed Agreements since February 2026, when we jointly called on the Government to publish the full text of the MoU and the Compact, and to ensure that any health aid agreement entered into on behalf of the Zambian people respects the Constitution, protects citizens’ privacy and dignity, and prioritises public health above all other interests.
The Petition contends that the proposed Agreements — which are reported to include provisions granting access to Zambia’s rare earth mineral resources and to the personal health data and biological specimens of Zambian citizens — cannot lawfully be concluded or implemented without the approval of the National Assembly. Article 63(2) of the Constitution is unambiguous: no international agreement negotiated by the Executive is binding on the Republic of Zambia unless it has first been approved by the National Assembly.
Despite formal requests made under the Access to Information Act No. 24 of 2023, and a subsequent appeal to the Human Rights Commission of Zambia, the Government has to date refused to disclose the full text of the Agreements to the Petitioners, to Parliament, or to the public.
The Petition seeks declarations that Article 63(2) has been violated, that the Agreements are unconstitutional to the extent they cannot be concluded and implemented without parliamentary approval, and orders requiring full disclosure and parliamentary scrutiny of the Agreements before any further implementation.
Issued jointly by:
Linda Kasonde. Josiah Kalala
Executive Director Executive Director
LCK Freedom Foundation Chapter One Foundation
For media enquiries: info@lckff.co.zm | infodesk@cof.org.zm
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