By Brian Matambo | Sandton, South Africa

Makebi Zulu has argued that Constitution Amendment Bill No. 7 was fundamentally tainted by criminality and that its later enactment as Act No. 13 of 2025 does not, and cannot, cure that illegality. Drawing directly from his recent public remarks, Makebi Zulu said a law born through corruption, coercion and procedural abuse remains unlawful regardless of the stage at which it is signed or renamed.

According to Makebi Zulu, the problem with Bill 7 is not political disagreement but character and legality. He said the bill was pushed through Parliament using bribery, threats and inducements, making it a “proceed of crime” from inception. In that context, he argued, Act 13 is merely an extension of the same illegality, not a fresh or lawful instrument.

Makebi Zulu anchored his position on the judgment in Celestine Mukandila and Munir Zulu versus the Attorney General, where the court found that Bill 7 was born in a cradle of illegality and failed to comply with constitutional requirements that amendments must originate from the people. He said once that finding was made, the process should have stopped entirely.

Instead, Makebi Zulu said the executive compounded the problem by appointing a technical committee using the wrong law. Even more damaging, he noted, was the fact that the committee’s report was never properly considered or adopted through the correct parliamentary channels, rendering the exercise procedurally meaningless.

He further questioned the integrity of the parliamentary vote itself, pointing to persistent allegations of bribery that have not been dispelled. Makebi Zulu argued that comparative international practice is clear: receiving money or inducements to vote in a particular way is a criminal offence, regardless of the outcome of the vote.

The conduct surrounding the passage of Bill 7 also came under sharp criticism. Makebi Zulu described the public celebration and dancing by the Chief Justice, whom he referred to as an umpire of the National Assembly, as shocking and without precedent in serious constitutional democracies. He said such conduct undermines confidence in Parliament, the judiciary and the separation of powers.

At the core of Makebi Zulu’s argument is a simple legal principle: an Act cannot be separated from the Bill that gave birth to it. If the Bill was unlawful, he said, everything flowing from it is equally tainted.

Beyond Bill 7, Makebi Zulu framed the episode as part of a wider governance crisis, where institutions are weakened, dissent is silenced and laws are used to entrench power rather than serve citizens. He warned that normalising such practices ahead of the 2026 general election poses a serious threat to Zambia’s constitutional order.

“This is not about name-calling,” Makebi Zulu said in his remarks. “It is about law, governance and the kind of country we are choosing to become.”