ON THE CONSTITUTIONALITY OF EMOLUMENTS FOR THE TECHNICAL COMMITTEE ON CONSTITUTIONAL AMENDMENT
PUBLIC STATEMENT
It has come to my attention that the Technical Committee appointed to guide the ongoing constitutional amendment process may have commenced its work without the prior determination of its emoluments by the Emoluments Commission, as required under Article 232 of the Constitution of Zambia (Amendment) Act No. 2 of 2016.
Article 232 of the Constitution is explicit — the Emoluments Commission is the only body mandated to determine, upon recommendation by the relevant authority, the emoluments for public officers and members of commissions appointed under the Constitution.
At present, however, the Emoluments Commission is not fully operational:
• Two members of the Commission are out of the country seeking medical attention;
• One member was removed and has not yet been replaced; and
• The Secretariat, which is responsible for facilitating meetings of the Commission, is out of station on official duty.
Given this situation, the Commission cannot form a quorum to transact business or make any valid determination of emoluments. Therefore, no lawful decision could have been made concerning the remuneration or allowances of the Technical Committee on the Constitution.
If the Committee has nonetheless been allocated or is receiving emoluments, then such action would amount to a violation of Article 232 of the Constitution, and therefore constitute an illegal and unconstitutional act.
This would mark the first time in Zambia’s constitutional history that a constitution-making body has been appointed and operationalized without prior determination by the Emoluments Commission, thereby undermining the integrity, transparency, and legality of the process.
Accordingly, I call upon the Secretary to the Cabinet and the relevant authorities to urgently clarify the following matters in the interest of constitutional accountability and public trust:
1. Has the Emoluments Commission formally met and approved emoluments for the Technical Committee on the Constitution?
2. Was a recommendation submitted to the Commission by the appointing authority in accordance with Article 232?
3. If not, under what authority were the emoluments for members of the Technical Committee determined and disbursed?
4. Has the Commission, as currently constituted, been able to form a quorum to transact such business?
The Constitution belongs to the people of Zambia. Any process that seeks to amend it must strictly adhere to the principles of legality, transparency, and constitutionalism.
I therefore urge the Secretary to the Cabinet to publicly clarify whether the Emoluments Commission was duly consulted and whether Article 232 of the Constitution has been complied with in the establishment and operation of the current Technical Committee on Constitutional Amendment.
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Issued by:
Celestin M Mukandila_Esq
Constitutional Analyst & Governance Commentator
Date: 23rd October 2025
Place: Lusaka, Zambia