At 62, Zambia Must Honour the Promise of Independence, Says Chapter One Foundation

By Pauline Ngozoh

As Zambia marks 62 years of independence under the theme “Zambia@62: Our Journey, Our Growth, Our Future,” Chapter One Foundation says the country must focus on honouring the promise of independence by ensuring constitutional rights are protected and upheld in people’s daily lives.

In a civic reflection marking Zambia’s 62nd Independence Anniversary, the organisation says independence is strongest when constitutional guarantees translate into meaningful freedoms and opportunities for citizens.

The Foundation traces Zambia’s constitutional journey from independence in 1964, when the country adopted multiparty politics and an entrenched Bill of Rights, to 1973, when a new Constitution established a one-party state and narrowed the democratic promise of independence. It identifies the return to multiparty elections in 1991 as a major democratic transition.

“Zambia’s constitutional history shows that rights can be written into law and remain vulnerable when power is concentrated, institutions are weak, or people cannot safely exercise their freedoms,” the statement reads.

The organisation highlights several institutional developments, including the 1996 constitutional amendments that provided for a permanent Human Rights Commission, the 2016 amendments that established the Constitutional Court, the Access to Information Act No. 24 of 2023 and the Human Rights Commission Act No. 4 of 2024.

It also points to public interest litigation as an important way of protecting constitutional rights, citing the case of Christine Mulundika and Others v The People. In that case, the Supreme Court struck down a legal provision requiring a permit before public assemblies could be held.

On the Constitution of Zambia (Amendment) Act No. 13 of 2025, Chapter One Foundation says the legislation seeks to broaden representation by increasing constituency-based seats and introducing reserved seats for women, young people and persons with disabilities.

However, the organisation raises concerns about the design of the reserved-seat system, particularly the fact that the seats are allocated according to votes received by presidential candidates. It says this raises questions about the extent to which citizens can directly determine who represents them.

The Foundation further argues that multiparty elections and the existence of institutions do not, on their own, guarantee that citizens can freely express themselves, assemble, access information or participate in public affairs without fear.

“The Constitution is both a source of authority and a restraint on authority. Constitutionalism therefore asks more than whether elections take place,” the Foundation states.

It says Zambia has reason to take pride in the restoration of multiparty politics and the development of institutions designed to protect human rights. However, it warns that the country’s future also depends on safeguarding the independence of the Judiciary and oversight institutions, improving public access to information and ensuring citizens can participate in public life safely.

“Independence gave Zambia the authority to determine its own course. Constitutionalism helps ensure that this authority belongs to the people and is exercised for their common good,” the Foundation states.