Article Title

Bill 10, if Enacted, Will Install a Constitutional Dictatorship and Undermine Democracy in Zambia

Authors

Muna B. Ndulo, Cornell University Law SchoolFollow

Abstract

Zambia has made several attempts to elaborate a democratic constitution that promotes good governance, inclusiveness, citizen participation, accountability, and the separation of powers between the three arms of government-parliament, the judiciary, and the executive. Success has been elusive largely because the processes used have been inappropriate for consensus building. The latest attempt, the Constitution Amendment Bill No. 10 of 2019, which came out of a ruling party dominated constitutional conference, is presently before parliament. The constitutional conference excluded key stake holders such as the main opposition party and civil society. The paper critically examines the contents of Bill 10 and its constitutionality. It argues that Bill 10 removes parliamentary oversight over the executive and aims to create a constitutional dictatorship. The paper further argues that Bill 10 is unconstitutional as it seeks to alter the basic structure of the 2016 Zambian constitution. The fundamental basic structure of the 2016 constitution is the separation of powers between the three arms of government-parliament, the judiciary, and the executive. The paper argues that while parliament has wide powers to amend the constitution, that power does not include the power to destroy or emasculate the basic structure or fundamental features of the constitution.

Recommended Citation

Ndulo, Muna B. (2020) "Bill 10, if Enacted, Will Install a Constitutional Dictatorship and Undermine Democracy in Zambia," Southern African Journal of Policy and Development: Vol. 5: No. 1, Article 7.
Available at: https://scholarship.law.cornell.edu/sajpd/vol5/iss1/7