THE UNIVERSITY OF ZAMBIA
SCHOOL OF EDUCATION
DEPARTMENT OF LAGUAGE AND SOCIAL SCIENCES EDUCATIO
NAME : VIOLET BANDA
COMPUTERNUMBER : 22102345
COURSECODE : CVE 2010
LECTURER : MRS MULUNDA
ASSIGNMENT : 02
DUEDATE : 5TH JUNE ,2024
CELLNUMBERS : 0974130532/0976201249
EMAIL : [email protected]
QUESTION:
Constitutionalism requires that the primary rules for the conduct of government be impartially
maintained against the demands of political passion, interest, ideology and ambition. Discuss this
statement with practical examples in relation to Zambia’s present political landscape.
Constitutionalism is a fundamental principle that emphasizes the essential need for strict adherence
to the foundational rules and principles outlined in a nation's constitution. This concept ensures that
the government operates within the boundaries set by the constitution, preventing any potential
overreach driven by political motivations, personal agendas, ideological beliefs, or ambitions. In the
current political landscape of Zambia, where issues such as governance, accountability, and the rule
of law are prevalent, the significance of constitutionalism cannot be emphasized enough. It serves
as a crucial safeguard to ensure that governmental power is exercised within legal limits, promoting
a stable and just society. This essay will elaborate on the argument that constitutionalism
necessitates the impartial maintenance of the primary rules governing the conduct of government.
According to Adu Gyamfi (2023), a constitution as a document that outlines the fundamental
procedures and principles guiding societal operations. It encompasses the essential rules, principles,
and institutions that form the political foundation of a state. Rules are specific regulations that
govern actions, while principles are the fundamental beliefs underlying these regulations.
Combined, they establish order and coherence within society, thereby fostering good governance
for the benefit of all citizens.
Zambia's constitutional development traces its roots back to British colonial times in the early
1950s. The country's constitution-building history can be divided into distinct phases: pre-
independence, post-independence, and post-Cold War periods, followed by ongoing developments
in the 21st century. In 1953, the Order-in-Council established the Federation of Nyasaland and
Rhodesia, outlining the powers of federal and territorial governments (Mulenga, 2021). In 1962, a
constitution drafted by the British Colonial Administration aimed to include both white settlers and
native Africans in the Legislative Council. This laid the groundwork for Northern Rhodesia's (now
Zambia) eventual independence. In 1964, following the dissolution of the federation in 1963, a new
constitution based on the Westminster model was negotiated. It came into force through the Zambia
Independence Order-in-Council, establishing Zambia's first constitution. This document created a
multiparty system primarily dominated by Kenneth Kaunda’s United National Independence Party
(UNIP) (Oko, 2023).
In 1968, facing increasing opposition, President Kaunda sought to institutionalize a one-party state
to prevent ethnic rivalries and promote national unity. In 1973, after a referendum in 1968 and a
Constitutional Review Commission led by Vice President Mainza Chona, a new constitution was
enacted. This constitution abolished multiparty politics, declaring UNIP the sole legal party and
1
consolidating presidential power. In 1991, in response to the global shift towards democracy post-
Cold War, President Kaunda appointed a new Constitutional Review Commission headed by Prof.
Mphanza Patrick Mvunga. The 1991 Constitution Act, implemented on August 31, restored
multiparty democracy. However, this document was transitional, aimed at addressing immediate
political needs (Stone, 2023).
In 1996, with Fredrick J.T. Chiluba as president, a new commission chaired by John Mwanakatwe
was tasked with drafting a more permanent constitution. The resulting amendments were
controversial, with many recommendations rejected by the government, leading to questions about
their legitimacy (Oko, 2023). In the year, 2003, President Levy Mwanawasa initiated the fourth
review process, led by the Wila Mung’omba CRC. Although the 2005 draft constitution was
considered progressive, disputes over the adoption process led to its suspension. In 2006-2007:
Mwanawasa proposed a 14-step roadmap for constitutional change, which civil society groups
criticized for being overly lengthy and politically motivated. A compromise was eventually
reached, leading to the establishment of the National Constitutional Conference (NCC) in 2007
(Fombad, 2011).
The NCC was tasked with drafting a new constitution, incorporating public input and reviewing the
Mung’omba draft. The 2016 Constitutional Amendments, Under President Edgar Lungu, significant
amendments were made to the constitution, including the introduction of a 50%+1 electoral system
for presidential elections and the establishment of the Constitutional Court. In 2021, following the
election of President Hakainde Hichilema, a renewed focus on constitutional reform emerged. The
new administration promised to address issues such as executive powers, judicial independence,
and electoral reforms (Stone, 2023).
In 2022, the government-initiated consultations with various stakeholders, including civil society
organizations, political parties, and international partners, to gather input for a comprehensive
constitutional review. In the year2023-2024, continued efforts to refine and finalize the
constitutional reforms, addressing lingering concerns about the balance of power, human rights
protections, and mechanisms for accountability and transparency in governance. The process
remains ongoing, with active participation from a broad spectrum of Zambian society to ensure the
new constitution reflects the will of the people and promotes democratic governance (Fombad,
2011).
2
According to Adu Gyamf (2023), a practical example of the importance of maintaining impartiality
in government actions can be observed in Zambia's recent presidential election. In August 2021,
opposition leader Hakainde Hichilema was elected as the country's new president after defeating the
incumbent, President Edgar Lungu. The election was celebrated as a victory for democracy and
constitutionalism, demonstrating that the will of the people prevailed over the interests of the ruling
party. Despite efforts by President Lungu and his party to contest the election results, the judiciary
upheld the constitution and confirmed Hichilema's victory, highlighting the crucial role of
impartiality in government institutions.
Another instance underscoring the significance of constitutionalism in Zambia can be seen in the
August 2021 presidential election. The election was intensely contested, with opposition parties
accusing the ruling party of using state resources to manipulate the outcome. However, the
Electoral Commission of Zambia (ECZ) played a critical role in ensuring that the election was
conducted freely, fairly, and transparently, in accordance with the constitution. The ECZ's
independence and dedication to upholding the rule of law helped protect the integrity of the
electoral process, demonstrating the importance of impartial governance (Kasonde, 2024).
Fiseha (2024) emphasizes the importance of constitutionalism in safeguarding individual liberties
and freedoms within Zambia's political landscape. Key rights such as freedom of speech, assembly,
and association are enshrined in the constitution, yet these rights are frequently threatened in
authoritarian regimes. Recently, the Zambian government has faced criticism for its repression of
dissenting voices and opposition parties, including the arrest of journalists and activists.
Nevertheless, civil society organizations and human rights defenders play a vital role in advocating
for human rights and holding the government accountable. By upholding constitutional principles
and defending the rule of law, these actors contribute significantly to promoting democracy and
respecting human rights in Zambia.
However, the concept of constitutionalism in Zambia has faced challenges, particularly during
President Lungu's administration. Lungu's tenure was marked by autocratic tendencies and efforts
to undermine democratic institutions. For instance, his government was accused of misusing state
resources to fund party campaigns, violating principles of impartiality and fairness in the electoral
process. Allegations of political interference in the judiciary and other government institutions
further eroded the rule of law and constitutionalism in the country (Oko, 2023).
3
Kasonde (2024) highlights additional challenges to constitutionalism under Lungu's rule,
specifically the government's harsh response to dissent and criticism. There were numerous
instances of crackdowns on opposition parties, civil society organizations, and the media.
Journalists and activists faced arrest and harassment for criticizing the government, raising concerns
about the diminishing space for political participation and freedom of expression in Zambia. These
actions not only infringed on citizens' rights but also undermined constitutionalism by prioritizing
political interests over the rule of law.
Conversely, Adu Gyamfi (2023) points out instances where constitutionalism has been upheld in
Zambia, despite political pressures. A notable example occurred in 2016 when the Constitutional
Court ruled that President Lungu's bid for a third term was unconstitutional, citing the constitutional
provisions on term limits. This ruling was a significant victory for constitutionalism in Zambia,
demonstrating the court's independence and commitment to upholding the rule of law, even under
political pressure. It underscored the importance of strong institutions capable of resisting undue
influence from the government and other actors.
Fiseha (2024) discusses how recent political polarization and instability in Zambia have posed
significant challenges to constitutionalism. The 2021 presidential election, which ended the ruling
party's decade-long dominance, underscored deep societal divisions. President Hichilema's new
administration faces the formidable task of restoring trust in democratic institutions and promoting
national unity amidst these challenges. Prioritizing constitutionalism and the rule of law is crucial
for addressing the root causes of political instability and ensuring a peaceful, inclusive society for
all Zambians.
Lawson (2023) highlights executive overreach as another challenge to constitutionalism in Zambia.
Recent instances of the executive branch attempting to undermine the independence of the judiciary
and legislature have raised concerns. For example, government interference in judicial
appointments has cast doubt on the judiciary's impartiality and integrity. This undermines
constitutionalism, which requires the independent operation of each government branch in
accordance with the constitution. Fombad (2011) points out that corruption is a significant threat to
constitutionalism in Zambia. The pervasive embezzlement of public funds by officials not only
undermines the rule of law but also erodes public trust in government institutions tasked with
upholding the constitution. Eliminating corrupt practices and holding perpetrators accountable are
essential for upholding constitutional principles.
4
Kasonde (2024) discusses the manipulation of the electoral process as a further challenge to
constitutionalism in Zambia. Allegations of voter intimidation, fraud, and irregularities in elections
undermine the fundamental democratic principle of citizens freely choosing their leaders. Ensuring
that the electoral process is transparent, free, and fair is imperative for upholding constitutionalism
and respecting the people's will.
Kasonde (2024) addresses human rights violations as a threat to constitutionalism in Zambia.
Reports of extrajudicial killings, arbitrary arrests, and restrictions on freedoms of speech and
assembly violate citizens' rights and undermine the rule of law. The government must respect and
protect the rights of all citizens, regardless of their political beliefs or affiliations, to uphold
constitutional principles.
Fiseha (2024) also highlights the lack of accountability and transparency in government as a
challenge to constitutionalism in Zambia. Instances of public officials implicated in corruption or
human rights abuses facing no consequences erode public trust and undermine the rule of law.
Ensuring accountability and transparency in government decision-making processes is crucial for
upholding constitutional principles. Fombad (2011) discusses how tribalism and regionalism in
Zambian politics test the principles of constitutionalism. Politicians exploiting tribal and regional
divisions for political gain undermine equality before the law and the foundation of
constitutionalism. Promoting national unity and cohesion rather than using tribal and regional
identities for political purposes is essential for upholding constitutional principles. Mulenga (2021)
points out that media freedom is another challenge to constitutionalism in Zambia. Instances of
journalists being harassed, arrested, or intimidated for reporting on sensitive issues or criticizing the
government violate the right to freedom of expression and undermine constitutional principles.
Allowing the media to operate freely and without fear of reprisal is crucial for upholding
constitutionalism.
In conclusion, constitutionalism is crucial for ensuring that the government operates within the
boundaries set by the constitution, free from political passions or interests. In Zambia's current
political landscape, constitutionalism is vital for upholding the rule of law, promoting good
governance, and protecting the rights and freedoms of all citizens. Adhering to constitutional
principles and impartially maintaining primary governmental rules will strengthen Zambia's
democracy, accountability, and respect for human rights. The examples discussed underscore the
practical importance of constitutionalism in addressing key challenges and fostering a more
5
inclusive and equitable political landscape in Zambia. By upholding constitutional principles,
Zambia can build a more just and democratic society that serves the interests of all its citizens.
REFERENCES
Adu Gyamfi, B. (2023). “Public Policy Making and Policy Change: Ghana’s Local Governance,
Education and Health Policies in Perspective.” Public Policy, 2023, 01-05.
Fiseha, A. (2024). The Nation State: Features, Its Pitfalls and Cleavages. In Federalism,
Devolution and Cleavages in Africa. Cham: Springer Nature Switzerland.
Fombad, C. M. (2011). “Constitutional Reforms and Constitutionalism in Africa: Reflections on
Some Current Challenges and Future Prospects.” Buff. L. Rev., 59, 1007.
Kasonde, M. (2024). “Economic Inequality, Social Justice, and Constitutionalism in Zambia:
Addressing the Root Causes of Poverty and Inequality.” Journal of Social and Economic Rights,
8(4), 420-438.
Lawson, S. (2023). International Relations. London: John Wiley & Sons.
Mulenga, P. (2021). “Media Freedom and Constitutionalism in Zambia: An Analysis of Press
Freedom and Government Interference.” Journal of Media Law and Ethics, 7(2), 210-230.
Oko, O. (2023). “Destiny in the Balance: Mapping the Future of Democratic Leadership in Africa.”
Ariz. J. Int'l & Comp. L., 40, 169.
Stone, R. H. (2023). The Political Crisis and Christian Ethics. Harvard: Wipf and Stock Publishers.
