Hichilema: Zambia Constitution Amendment Draws M'membe Warning

• President Hakainde Hichilema has pursued constitutional amendments in Zambia, primarily through Parliament.
• Fred M'membe predicted that President Hichilema would succeed in these constitutional changes, and significant amendments (Bill No. 7) were passed by parliament in December 2025.
• M'membe warns that this approach will lead to "very serious consequences" for the nation.
• He argues that excessive parliamentary reliance for constitutional amendments can significantly alter the balance of power in a democracy.
• Such a method, according to M'membe, risks undermining the fundamental principles of constitutionalism.

A central concern articulated by M'membe is that an over-reliance on Parliament for constitutional amendments possesses the inherent capacity to significantly disrupt the established balance of power within a democratic system.

President Hakainde Hichilema has pursued significant constitutional reforms in Zambia, with indications suggesting a strong, almost exclusive, reliance on parliamentary processes for these amendments. This approach to constitutional change has drawn attention, particularly from political figures like Fred M'membe, who anticipated that President Hichilema would ultimately succeed in implementing his desired alterations to the nation's foundational legal document. Indeed, in December 2025, Zambian lawmakers approved amendments to the country's constitution, known as Bill No. 7, which reshaped the composition of parliament and removed mayoral term limits.

This method of constitutional amendment, centered heavily on the legislative branch, has marked a critical period in Zambia's governance. The focus on parliamentary channels for such fundamental changes has been a key aspect of the current political discourse surrounding the future of the country's constitutional framework.

Fred M'membe has issued a stark warning regarding the potential ramifications of President Hichilema's strategy, cautioning that while the amendments may pass, they carry "very serious consequences" for the nation. A central concern articulated by M'membe is that an over-reliance on Parliament for constitutional amendments possesses the inherent capacity to significantly disrupt the established balance of power within a democratic system.

Such a legislative-centric approach, M'membe argues, risks undermining the very bedrock principles of constitutionalism. The integrity of a nation's constitutional framework, which is designed to distribute authority and protect fundamental rights, could be compromised if the amendment process is perceived as excessively concentrated within a single branch of government, potentially leading to an erosion of checks and balances.

The concerns raised by M'membe underscore a broader apprehension about the long-term health of democratic governance in Zambia. The prospect of constitutional reform driven primarily, if not solely, through parliamentary means, without broader consensus or robust public engagement, could lead to unforeseen shifts in the country's political landscape. The "very serious consequences" highlighted by M'membe point to potential instability or a weakening of democratic institutions.

Ultimately, the method by which a constitution is amended is as crucial as the amendments themselves. If the process is seen to excessively empower one branch of government at the expense of others, or to bypass established safeguards, it could fundamentally reshape the relationship between the state and its citizens, potentially altering the very nature of Zambia's constitutional democracy.

Lawyers and compliance officers in Zambia should closely monitor any proposed constitutional amendments initiated by President Hichilema, particularly those relying heavily on parliamentary processes. Potential shifts in the balance of power and constitutional frameworks could necessitate re-evaluating legal risks, advising clients on new regulatory landscapes, or preparing for potential constitutional challenges.

Source: Original reporting via The Zambian Observer