Zambia risks constitutional crisis – OYV
By Ludia Ngwadzai
OPERATION Young Vote (OYV) has called for constitutional action over members of Parliament who have crossed the floor, warning that Zambia risks a constitutional crisis if the law is not enforced.
In a statement seen by The Mast, OYV executive director Guess Nyirenda said the organisation had reflected on the serious concerns raised by Citizens First leader Harry Kalaba and Leadership Movement (LM) president Dr Richard Silumbe about the way parliament was operating.
He said issues raised by the two leaders were critical to the governance of the nation and the sanctity of the constitution.
Nyirenda said constitutionalism must transcend partisan considerations and touch on the integrity of the constitutional order.
“…Article 72(2)(c) of the Constitution, which provides that when an MP leaves the party that sponsored them to the House, their seat is to be declared vacant,” he said.
He said the provision was unambiguous and forms part of the safeguards that uphold the country’s democratic framework.
Nyirenda noted with sadness the continued presence in Parliament of members who had crossed the floor.
“…this issue raises important constitutional questions that deserve serious responses, including the role of the Speaker in ensuring compliance with constitutional provisions,” he said.
He said those breaching the constitution must realise that the people of Zambia entrusted representation to specific parties and candidates when they were voted into power in 2021.
Nyirenda argued that subsequent changes in parliamentary composition resulting from party defections, without recourse to the electorate as stipulated in the law, had understandably generated concern among citizens.
“For democracy to retain its credibility, it is important that shifts in representation reflect the will of the people through appropriate constitutional processes,” he said.
He said Zambians were concerned that, at a time when Parliament was considering several legislative proposals, including the Electoral Process (Amendment) Bill 2026, those who resigned were still sitting.
“…questions have arisen about the perceived legitimacy and moral authority of the House to enact laws, particularly electoral reforms in this fashion with people who are not supposed to remain in parliament after crossing,” he said.
Nyirenda noted that it was imperative and significant that any legislation be enacted in a manner that inspires public confidence and public trust.
He said the conduct of parliament must reflect the adherence to the spirit of the Constitution.
Nyirenda called on President Hakainde Hichilema to carry out the constitutional responsibility to uphold and defend the Constitution.
“Article 92 provides mechanisms that may be considered where constitutional challenges arise within Parliament,” said Nyirenda.
He said Hichilema should be resolved to protect the Rule of Law and detest lawlessness throughout his more than four years in office.
Nyirenda said there was a growing call for careful consideration of appropriate constitutional remedies to address the current situation in the interest of preserving democratic integrity and public trust.
“This includes consideration of returning the matter to the electorate, allowing Zambians to reaffirm their representation through democratic means,” he said.
Nyirenda said his organisation was deeply concerned about the issues in parliament, saying the matter was non-partisan.
“We either uphold the Constitution and its provisions in both principle and practice, or we risk weakening the very foundation of our democracy and sliding into constitutional crises,” he said.
He said the strength of Zambia’s democracy lies in collective commitment to constitutionalism, the rule of law, and the sovereignty of the people.
He called for unity, lawful action and respect for the will of the people.
