Law Association of Zambia and Chapter One Foundation Limited v Attorney General 2019/CCZ/0013/0014

The Constitutional Court of Zambia on 29th November 2019 rendered its highly anticipated (abridged) judgment in the case of Law Association of Zambia and Chapter One Foundation Limited v Attorney General 2019/CCZ/0013/0014. In June 2019 the Minister of Justice introduced into the National Assembly the Constitution of Zambia (Amendment) Bill No. 10 (generally referred to as Bill 10) intended to extensively amend the Constitution. The Bill had been criticized by many stakeholders as it is seen as an attempt to enhance executive powers and undermine constitutionalism. In August 2019, the Law Association of Zambia and Chapter One Foundation Limited commenced action in the Constitutional Court challenging the constitutionality of the Bill. The petitioners argued that the manner in which the Bill sought to introduce amendments violated fundamental tenets that protect the substance and integrity of the Constitution. It is important to bear in mind that the petitioners did not challenge the power of Parliament to amend the Constitution, at least not directly. The focus of the petition was on constitutional safeguards for ensuring that arbitrary amendment of the Constitution was forestalled