Key Changes Introduced by the Constitution of Zambia (Amendment) Act No.13 of 2025

Key Changes Introduced by the Constitution of Zambia (Amendment) Act No. 13 of 2025

Introduction

On 18 December 2025, Zambia enacted the Constitution of Zambia (Amendment) Act No. 13 of 2025, ushering in one of the most consequential constitutional reforms since the adoption of the 2016 Constitution.

The amendments introduce fundamental changes to Zambia’s electoral system, parliamentary composition, executive conduct during elections, and local government structures, with far-reaching implications for governance, democracy, and the rule of law.

This article provides a clear, structured legal overview of the key amendments and what they mean for citizens, political actors, and institutions.


  1. Introduction of the Mixed-Member Proportional Representation System

One of the most significant reforms is the introduction of a mixed-member proportional representation (MMPR) electoral system.

How the new system works

Elections to the National Assembly and local councils will now be conducted using two systems simultaneously:

First-Past-The-Post (FPTP) for constituency-based Members of Parliament and ward councillors; and

Proportional Representation (PR) seats reserved for women, youths, and persons with disabilities.

Legal significance

This reform is aimed at:

Enhancing inclusivity and diversity in elected bodies

Addressing long-standing under-representation of marginalised groups

Aligning Zambia with modern democratic electoral practices


  1. New Composition of the National Assembly

The Amendment repeals and replaces Article 68 of the Constitution, clearly redefining the structure of Parliament.

Current composition

The National Assembly now consists of:

226 constituency-based Members of Parliament

40 proportional representation Members of Parliament, broken down as follows:

20 women

15 youths

5 persons with disabilities

Nominated Members of Parliament (capped at 5% of constituency-based MPs)

The Vice-President, Speaker, and Deputy Speakers

Why this matters

The reform strengthens representative democracy while limiting excessive executive influence through nominations.


  1. Ministers Must Vacate Office 90 Days Before Elections

A critical governance reform introduced under Articles 116 and 117 provides that:

The office of a Minister; and

The office of a Provincial Minister

automatically becomes vacant ninety (90) days before a general election.

Purpose of the amendment

This provision:

Prevents abuse of executive office during election periods

Promotes electoral fairness and integrity

Creates a level playing field for all political contestants


  1. Changes to Nominations and Electoral Procedures

The Amendment also revises:

Nomination requirements for presidential, parliamentary, and local government candidates

Procedures for situations where a candidate withdraws, is disqualified, or dies after nomination

Electoral dispute resolution, granting institutions power to both hear and determine matters

These changes improve clarity, certainty, and efficiency in electoral administration.


  1. Parliament Dissolution Before General Elections

The Constitution now provides that:

Parliament stands dissolved 90 days before the next general election,

However, Members of Parliament are deemed to have served until the day before elections.

This ensures continuity while respecting electoral timelines.


  1. Reforms Affecting Local Government

The Amendment further restructures:

The composition of councils

Eligibility criteria for mayors and council chairpersons

Direct election of mayors and chairpersons

Reduction of certain tenure periods to enhance accountability


Conclusion

The Constitution of Zambia (Amendment) Act No. 13 of 2025 marks a decisive shift towards inclusive representation, electoral integrity, and stronger democratic governance.

Its implementation will significantly influence:

Electoral outcomes

Parliamentary composition

Executive conduct

Public confidence in Zambia’s constitutional order


How Patrick Chulu Legal Practitioners Can Assist

At Patrick Chulu Legal Practitioners (PC|LP), we provide:

Constitutional law advisory

Electoral and governance compliance guidance

Litigation and dispute resolution relating to constitutional and electoral matters

📍 Lusaka, Zambia
📞 +260 765 637 332 | +260 952 491 138
📧 info@pclplaw.com
🌐 www.pclplaw.com

Share the knowledge