Publicising the Terms of Reference for the Constitution-Making Committee is Essential for a Legitimate Constitution-Amending Process

Date: Thursday 16th October, 2025 Press Release

Subject: Publicising the Terms of Reference for the Constitution-Making Committee is Essential for a Legitimate Constitution-Amending Process

Statement:

1. In light of the recent ruling by the Constitutional Court in Munir Zulu & Celestine Mukandila v. Attorney General, which held that constitutional amendments initiated without wide public consultation are unconstitutional, it is imperative that the Terms of Reference (ToR) for any constitution-making or amendment committee in Zambia be made public before any substantial work begins. 

2. The ToR must clearly define the scope (what is to be addressed), the powers (what the committee can and cannot do), the process (consultation, drafting, review), composition (how members are selected, representation), transparency (public reporting, publication of drafts), conditions of accountability, and timelines.

3. Such openness ensures the people of Zambia are recognized as owners of the Constitution, as required by our law, and safeguards against any attempt to fast-track constitutional changes without their voice.

4. Failure to publish and operate within transparent ToR risks legal challenge and nullification, as demonstrated by the Zulu & Mukandila case.

5. We call on the Government, Parliament, and relevant authorities to publish, widely disseminate, and adhere to robust Terms of Reference before any constitution amendment bill or process is advanced.

⸻

Conclusion

Publicising the Terms of Reference for a constitution-making or amendment committee is not a mere technicality; it is foundational for legitimacy, legality, and democratic ownership. The Munir Zulu & Celestine Mukandila decision underscores that in Zambia, constitutional processes must be people-driven and respect the constitutional requirement for broad public participation. Any process lacking those elements, starting with ToR that are opaque, risks being declared invalid.