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Zambia Proceeds With Constitutional Changes Amid Court Challenge

Zambian Lawyers Ask Court to Block Proposed Constitution Changes

(Bloomberg) -- Zambia will press ahead with plans to amend the constitution even though the country’s main lawyers group asked the nation’s top court to halt the move, a government official said.

The process will continue despite the petition, as the courts can’t restrain parliament from carrying out its legislative functions, Brian Mundubile, the ruling Patriotic Front party’s chief whip, said Tuesday in comments broadcast on Lusaka-based Prime TV.

The Law Association of Zambia says the proposed changes, which include removing a requirement that parliament approve all new loans taken on by the state, are illegal, according to a 101-page petition filed at the Constitutional Court. Its petition means the subject is before the courts and therefore parliament can’t consider the changes for now, according to the group.

The planned amendments would mark the second change to the constitution since 2016, and come as the country faces a potential debt crisis.

Zambian civil society organizations have criticized the proposed changes and the largest opposition party’s lawmakers walked out of parliament when the government presented them on Aug. 2.

Other key changes the association argues are illegal include:

  • The reintroduction of the position of deputy ministers
  • Removing the powers of the central bank to issue currency (the Bank of Zambia says it will retain these powers in an amendment to the specific law that governs it)
  • Providing for a coalition government if an election winner doesn’t get an outright majority; the current constitution requires a second round of voting if no one wins more than 50% in the initial ballot
    • The proposed amendments provide for a run-off if coalition talks fail after 14 days
  • Various clauses that expand the president’s powers

--With assistance from Matthew Hill.

To contact the reporter on this story: Taonga Clifford Mitimingi in Lusaka at tmitimingi@bloomberg.net

To contact the editors responsible for this story: Antony Sguazzin at asguazzin@bloomberg.net, Hilton Shone, Gordon Bell

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