Parley not sovereign, its decisions can be overturned — Kasonde

CONSTITUTIONAL lawyer Linda Kasonde has told the Constitutional Court that Zambia does not recognise parliamentary sovereignty and that constitutional amendments may be struck down if the process used to enact them violates the Constitution.

Ms Kasonde, the LCK Freedom Foundation executive director said the National Assembly was not above judicial scrutiny merely because it had passed the Constitution of Zambia (Amendment) Act No. 13 of 2025 by a two-thirds majority.

“The doctrine of parliamentary sovereignty does not apply in Zambia,” she submitted.

She said Parliament derived its authority from the Constitution and could not use that authority to undermine the supreme law from which its powers flowed.

“What we are arguing today is that there is such a thing as an unconstitutional constitutional amendment,” Ms Kasonde said.

She was making submissions in a petition by the LCK Freedom Foundation challenging the process that produced Act No. 13 and the validity of some of its provisions.

The Foundation argued that the Government failed to comply with the Constitutional Court’s ruling in the Munir Zulu case, which declared the original Constitution Amendment Bill No. 7 of 2025 a legal nullity because it had not been preceded by wide and meaningful public consultation.

After that ruling, the Government appointed a Technical Committee and conducted fresh consultations before presenting a revised Bill to Parliament.

However, Ms Kasonde said the new process remained Executive-driven and merely sought public endorsement rather than allowing citizens to shape the amendments.

She argued that the consultation period was too short and that several parliamentary Standing Orders were suspended, denying both lawmakers and the public sufficient time to scrutinise the proposed changes.

“Article 79 cannot cure a process lacking the required constitutional requirements,” she said.

The petitioner wants the court to declare that constitutional amendments must be undertaken through a lawful, independent, inclusive and genuinely people-driven process.

But Attorney-General Mulilo Kabesha urged the court to dismiss the petition, arguing that it had no jurisdiction to invalidate an amendment that had already become part of the Constitution.

Mr Kabesha said Parliament had complied with Article 79 by publishing the Bill, debating it and securing the required two-thirds majority.

“The Constitution itself cannot say it is invalid,” he submitted.

He also rejected the petitioner’s reliance on the “basic structure doctrine,” saying it had no foundation in Zambia’s Constitution.