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Governance specialist Mzeziti Mwanza has accused the government of deliberately downplaying the legality of the Constitution-making Technical Committee (TC), arguing that the move serves state interests while undermining citizens’ constitutional authority. Mwanza says attempts to justify the Committee under Article 92 are misleading and distract the public from what he terms an “illegal process” designed to centralize constitutional power in the Executive.
Ms Mwanza cites the Constitutional Court’s ruling in Munir Zulu v. Attorney General, which affirmed that constitution-making power rests with the Zambian people not the Executive.
She argues that framing the TC as lawful shifts public debate from the core question of legitimacy to narrow technicalities, giving the appearance of legality where none exists.
She took particular aim at legal scholar Dr. O’Brien Kaaba, whose argument is that the President has authority under Article 92 to appoint advisory bodies like the TC.
Ms Mwanza dismissed this position as “academic mediocrity,” saying it elevates theory over democratic principle and strips citizens of their constitutional power. According to him, such reasoning sets a dangerous precedent by giving one individual undue influence over constitutional amendments.
Ms Mwanza warned that encouraging citizens and civil society organisations (CSOs) to participate in the Technical Committee’s work is a political tactic meant to legitimize a predetermined government agenda.
She argued that participation risks turning civic actors into “props in a staged consultation.”
Ms Mwanza said history shows that legality-based advocacy particularly litigation has proven more effective than public statements or courtesy calls to State House.
She cited the halting of Bill 7, noting that while awareness campaigns played a role, it was constitutional litigation that ultimately stopped the process.
She observed growing divisions within civil society: some organisations are submitting to the TC out of fear of being sidelined, while others are boycotting the process on principle. According to Mwanza, a boycott should not be seen as silence but as a powerful political message that exposes attempts to manufacture public consent.
She commended NGOCC and Caritas Zambia for refusing to participate, and welcomed the Oasis Forum’s call for peaceful marches and a legal challenge against the TC. Mwanza said these actions uphold the Constitution and protect the people’s authority.
Expressing concern that some CSOs were undermining their own advocacy by engaging with a process they publicly oppose, Ms Mwanza warned that such inconsistency weakens democratic accountability and risks pushing the country toward authoritarianism.
She urged civic actors to introspect, unite, and speak with one voice in defending constitution-making power. At the heart of the debate, he said, lies a defining national question: When the history of this Constitution is written, which side will citizens and CSOs stand on the side that surrendered the people’s power out of fear, or the side that defended it without compromise.
