By TROY MUKUPA
In a significant development, Isaac Mwanza, Executive Director of the Zambia Civil Liberties Union (ZCLU) and member of the Technical Committee tasked with drafting amendments to the Constitution of Zambia, has issued a statement addressing concerns surrounding the Committee’s appointment. As a seasoned constitutional law expert with extensive experience in Zambia’s constitutional review processes, Mwanza brings a wealth of knowledge to the debate.
With a background that includes participation in the 2005-2011 constitutional reform effort and a key role in shaping the 2016 constitutional amendments and Bill of Rights referendum, Mwanza asserts that the President’s appointment of the Technical Committee is grounded in constitutional authority. Citing the precedent set by the late President Michael Sata’s appointment of the Judge Silungwe Technical Committee, Mwanza emphasizes that the law has consistently vested the President with this authority, which has been endorsed by the Court.
Addressing concerns about the lack of consultation in the appointment process, Mwanza notes that Zambian presidents have historically exercised discretion in appointing such committees with limited consultation. However, he highlights that President Hichilema selected members from a list provided by two consortia of civil society organizations (CSOs), thereby ensuring representation from diverse stakeholders.
Mwanza calls for fairness, inclusion, and equality in the constitutional reform process, urging civil society organizations to collaborate rather than competing for recognition.
“There’s an unfortunate tendency in some parts of civil society where a few groups behave as if their voices matter more than others… This sense of superiority is unhealthy,” Mwanza cautions. He emphasizes that “real democracy and real progress come when we treat each other as equals, not competitors.”
STATEMENT BY ISAAC MWANZA, EXECUTIVE DIRECTOR, ZAMBIA CIVIL LIBERTIES UNION (ZCLU): A NOTE ON THE LAW USED TO APPOINT THE TECHNICAL COMMITTEE
I been following with keen interest the ongoing criticism aimed at President Hakainde Hichilema over how he appointed the Technical Committee to draft amendments to the Constitution of Zambia. When I accepted to serve on this Committee, I initially thought I would keep quiet and just get on with the work. But honestly, something in me just wouldn’t sit still. I feel the need to clarify a few things so that the public can have a fair understanding of the situation. These views are entirely my own— they don’t represent the Committee or any organisation I belong to.
1. The Law Behind the Appointment
Let’s start with the legal question. This is not the first time a Technical Committee has been appointed in this way. The late President Michael Sata used the same constitutional powers — then found in Articles 33 and 44, now reflected in Article 92 — to appoint the Judge Silungwe Technical Committee. The law has always given the President this authority. Interestingly, some of the loudest critics today actually sat on that very Silungwe Committee, which faced similar doubts about its legality back then.
Those arguing that the current Committee should have been established under the Inquiries Act are missing a key point. That law gives the President the power to appoint commissioners and set up a Commission of Inquiry — not a Technical Committee. The two are very different things.
A Commission investigates matters and reports findings, while a Technical Committee focuses on drafting and providing specialised stakeholder input. So, it wouldn’t even make legal sense to use the Inquiries Act for this purpose, and that was Sata’s reasoning when he departed from the previous style.
I support the use of Inquiries Act as well and disagreed with the Court that that President must appoint a Technical Committee but my opinion or disagreement doesnt matter in the face of a court judgment. This means the route of using a Technical Committee is lawful as guided and endorsed by the Court.
2. The Issue of Consultation
Another concern raised is that the President did not consult widely before appointing members. Of course, consultation is important and always encouraged. But if we are being honest, Zambian presidents have rarely, if ever, done this when appointing such committees. The only time we saw some level of consultation was under President Edgar Lungu, when he asked organisations to propose names for the National Dialogue Forum and later for the Committee on Bill No. 10. Even then, he still made the final selections.
In this case, President Hichilema picked members from the list given to him by the 2 consortia of CSOS. The names he picked belong to institutions such as the Law Association of Zambia (LAZ), Caritas Zambia, Operation Young Vote (OYV) representing the 37 CSOs; and the Zambian Civil Liberties Union (ZCLU), representing the 11 CSOs. These are not random picks — they are all part of the broader coalition of civil society groups that have long engaged in constitutional and governance matters and attended the meeting with the President and agreed they would submit names, which was done on 26 June, 2025.
3. A Word on Fairness and Attitude
Now, here’s where I think we need some honest reflection. Some organisations seem upset not necessarily because there was no consultation, but because they were not among those consulted. There’s an unfortunate tendency in some parts of civil society where a few groups behave as if their voices matter more than others—as though they are “more equal than others,” to borrow George Orwell’s famous phrase from Animal Farm.
This sense of superiority is unhealthy. It divides the civil society movement and undermines the very principles of inclusion and equality we claim to stand for. The truth is that no single organisation or personality has a monopoly on wisdom, experience, or legitimacy. Whether big or small, every group working for the good of Zambia deserves equal respect and recognition.
It’s time we moved past the elitist mindset that only a select few have the right to speak on national matters, especially constitutional reforms. Real democracy and real progress come when we treat each other as equals, not competitors. The work of reforming our Constitution is too important to be derailed by ego battles or the politics of recognition. What matters most is that we all contribute meaningfully, in good faith, to shaping a Constitution that serves every Zambian.
