Movement for Multiparty Democracy (MMD) President Dr. Nevers Mumba has called for urgent constitutional amendments ahead of the 2026 general elections, emphasizing that the current legal framework contains significant loopholes that could lead to a constitutional crisis if not addressed in time. Speaking during a press briefing at the United Party for National Development (UPND) Secretariat in Lusaka, Dr. Mumba expressed particular concern over Article 52 of the Zambian Constitution, which he believes poses a serious risk to the country’s electoral stability.
Dr. Mumba pointed out that under the existing constitutional provisions, if a presidential candidate withdraws after being successfully nominated, the law requires that the entire nomination process be restarted. This, he warned, could cause unnecessary delays and create uncertainty during the election period. He stressed that such a scenario could be exploited either by candidates seeking to manipulate the system or by unforeseen circumstances that might result in legal and procedural complications. In extreme cases, he argued, this loophole could lead to a situation where an incumbent president remains in office beyond their expected term due to delays in conducting fresh nominations and elections.
Reflecting on the potential consequences of the current framework, Dr. Mumba noted that had he chosen to withdraw from the presidential race in 2021 after filing his nomination, the country could have faced a constitutional deadlock, potentially affecting the entire electoral timeline. He believes that the issue should not be ignored as Zambia approaches the next election cycle, urging lawmakers and relevant authorities to act swiftly to prevent any electoral disputes or governance crises.
However, not everyone is in agreement with the proposed constitutional amendments. Lumezi Member of Parliament Munir Zulu and prominent lawyer Celestine Mukandila have filed a petition before the Constitutional Court, seeking a legal order to halt the amendment process. They argue that any changes to the Constitution must be subjected to thorough national consultation and that the current push for amendments appears to be driven by political interests rather than the collective will of the Zambian people. The petitioners contend that making amendments without broad-based stakeholder engagement would undermine democratic principles and could set a dangerous precedent for future constitutional changes.
Meanwhile, in a related development, the Electoral Commission of Zambia (ECZ) has announced that it is currently reviewing the 2019 Delimitation Report in accordance with Article 59 of the Constitution. ECZ Chief Electoral Officer Brown Kasaro stated that the commission is conducting an internal evaluation of the report as part of efforts to ensure that electoral boundaries and other key aspects of the electoral process remain relevant and aligned with the country’s democratic needs. The review, he explained, will be taken into consideration in discussions about potential constitutional reforms and election management processes leading up to the 2026 polls.
The debate surrounding these constitutional changes continues to grow, with various political and legal stakeholders weighing in on the necessity, timing, and broader implications of amending Zambia’s supreme law. With less than two years to the next general elections, the question remains whether the government and lawmakers will manage to address these legal concerns in time or if Zambia will head into another election under a framework that some believe is flawed.
By Darius Choonya
