The Constitution is Everything, but Not Everything is the Constitution: A Case for Constitutional Review in Zambia

Introduction

Zambia, like many developing countries, faces a wide range of economic, social, and political challenges that have placed significant strain on its governance systems. From managing rising public debt and ensuring transparency to safeguarding human rights, the current state of affairs highlights persistent governance failures. While some issues, like drought, are beyond any single government's control, the lack of preparedness and transparency in the government's mitigation efforts points to deeper governance shortcomings.

According to leading global inequality indices, such as the Gini and Atkinson measures, Zambia is among the most unequal countries in the world. With over 60% of the population living in poverty, the country’s ongoing challenges only threaten to worsen this inequality. As Victoria Woodhull, the first woman to run for the U.S. presidency, once remarked, "It is not great wealth in a few individuals that proves a country is prosperous, but great general wealth evenly distributed among the people." Her insight reminds us that addressing inequality is not just an economic issue but a fundamental governance issue—one that Zambia cannot afford to ignore.

This article argues that Zambia's current economic, social, and political struggles stem from a flawed governance framework, with the constitution being the root of these failures. While various reforms have been attempted, it is crucial to distinguish between constitutional review and constitutional reform. The latter involves minor adjustments, while the former requires a comprehensive review to address the foundational flaws in our governance system. Without meaningful constitutional review, Zambia's governance structure will remain inadequate to address the nation’s most pressing challenges, and the country’s fortunes will remain unchanged.

While quick fixes may seem appealing, the solution to these problems cannot be found by merely treating the symptoms of bad governance. Instead, we must confront the systemic issues at their core. Temporary measures, such as financial bailouts, infrastructure projects, or short-term economic policies, may provide immediate relief but fail to deliver lasting change without comprehensive governance reforms. These actions do not tackle the root causes of weak accountability, corruption, and ineffective legal frameworks. Sustainable development requires deeper reforms to ensure transparency, accountability, and public participation—pillars of good governance that can drive long-term progress. Without these reforms, quick fixes remain superficial and unsustainable. We must strike a balance between implementing long-term solutions while critically evaluating short-term measures that might worsen existing challenges.

At the heart of Zambia’s governance framework lies the Constitution—the foundational law of the land. While the current constitutional framework is necessary, it is insufficient to address the interwoven governance failures the country faces. This article advocates for comprehensive constitutional review as a vital step toward resolving Zambia’s pressing governance challenges. We must not only reform the text of the constitution but also understand how the entire governance architecture is interconnected. A holistic approach is essential if we are to truly address the root causes of our governance failures.

Setting the Context – Governance Failures in Zambia

In recent years, Zambia has faced substantial hardships: a stagnant economy, limited of political participation, rampant corruption, and weakened institutional accountability. These issues stem from more than just policy failures—they represent governance failure at multiple levels.

Governance failure occurs when systems intended to deliver public services, enforce laws, and ensure equity and transparency break down. In Zambia’s case, we’ve seen the symptoms of this breakdown: inadequate public service delivery, economic mismanagement, and weak protection of rights. Governance, by its very nature, is interconnected, with failures in one sector often affecting others. The current framework is neither agile nor robust enough to respond to modern challenges, whether economic, political, or social.

Governance failures in Zambia are evident in the persistent issues of corruption and weak institutional accountability. For example, the misuse of public funds and lack of transparency in procurement processes have been well-documented, with cases involving misappropriation of funds for health and education sectors. This constitutes governance failure because it undermines the rule of law, diminishes public trust, and hinders service delivery to citizens. These issues are further exacerbated by the ineffective enforcement of the constitutional provisions meant to safeguard public resources.

Another instance of governance failure is the shrinking space for political participation and civil liberties. The misuse of the Public Order Act to suppress peaceful assembly and the lack of reforms to ensure fair political competition highlight the gap between constitutional rights and actual practice. The Zambian Constitution guarantees freedoms of expression and assembly; however, these rights are often curtailed through arbitrary arrests and restrictive enforcement of the law. This gap between constitutional guarantees and their implementation reflects a deeper governance failure, where legal protections exist on paper but are not upheld in practice, undermining democratic governance and accountability.

The Constitution as the Foundation of Governance

Zambia's Constitution is more than just a legal document—it is the cornerstone of the nation's governance framework. It lays the foundation for laws, institutions, and systems that govern the state. However, we must recognize that while the Constitution is everything in terms of setting up the governance framework, not everything is the Constitution.

This distinction is crucial because while the Constitution establishes the rules for governance, it does not on its own guarantee effective governance. Much of Zambia's recent governance failures have stemmed from constitutional inadequacies—from ambiguities in legal frameworks to loopholes that allow for executive overreach, lack of checks and balances, and weak enforcement of human rights protections.

Constitutions are not just legal documents but are deeply intertwined with the power structures that shape a nation’s governance. The history of a country’s constitution, particularly in post-colonial states like Zambia, often reflects the political compromises, struggles for independence, and the consolidation of power by certain elites. These foundational moments create power structures that continue to influence how governance functions. For example, centralization of authority in the executive branch, which may have been necessary at a certain point in history, can lead to a governance system where checks and balances are weakened. This concentration of power influences how laws are interpreted, implemented, and experienced by the public, often sidelining democratic participation and accountability.

Without critically examining these power structures, attempts to address issues through subsidiary legislation or reforms will be inadequate. The power dynamics enshrined in the constitution shape how lower-level laws are enforced and how government functions. If constitutional reforms do not address these entrenched power imbalances—such as the overconcentration of power in one branch of government or systemic exclusion of certain groups—governance issues will persist. Effective governance requires not only updating the legal framework but also reshaping the underlying structures of power to ensure that laws serve all citizens equitably, and that institutions operate transparently and accountably. Without this critical examination, reforms will only address symptoms, leaving the root causes of governance failure intact.

Governance is Interconnected – Addressing All Challenges Holistically

Governance is not a series of isolated pillars; it is an intricate web of laws, institutions, and practices that must work together. It is like trying to fix a leaking roof without realizing that the foundation of the house is cracked. We are losing precious time addressing individual symptoms without examining the holistic picture.

A constitution serves as the foundational framework that underpins the interconnected nature of governance by setting out the principles, institutions, and powers that define a state's structure. It provides the legal foundation upon which all laws, policies, and institutions are built and functions as the reference point for governance processes. Because governance involves a complex interaction between various branches of government, public institutions, and the citizenry, the constitution is central to ensuring that these interactions are balanced, transparent, and accountable. It establishes the checks and balances that prevent the abuse of power, outlines the roles and responsibilities of different actors, and safeguards the rights of citizens. Without a robust constitutional framework, the governance system can become disjointed and ineffective, as the guiding principles necessary to coordinate various sectors of government are weak or absent.

Furthermore, the interconnected nature of governance means that problems in one area often reflect or exacerbate issues in another. For example, a weak judiciary can lead to the failure of anti-corruption initiatives, and an overpowered executive can weaken democratic oversight, all of which tie back to the constitutional distribution of powers. The constitution, in this sense, is the "blueprint" for governance, determining how legislation interacts across sectors and ensuring that reforms in one area are supported by legal and institutional coherence in others. If the constitutional foundation is flawed, piecemeal legal reforms will have limited impact, as the underlying governance structure remains unchanged. Thus, a constitution must evolve to reflect the demands of modern governance, fostering cohesion among the pillars of government while supporting effective accountability, participation, and transparency.

Take, for example, public service delivery. It is directly impacted by public sector accountability, which, in turn, relies on the effectiveness of oversight institutions. If the constitution does not robustly empower such oversight, no number of surface-level reforms will fix the broader problems. We must confront the reality that constitutional gaps have allowed systemic issues such as corruption, lack of transparency, and insufficient accountability to flourish.

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The Effectiveness Test – A Need for Comprehensive Reform

When evaluating the country’s governance framework, one must apply the effectiveness test for legislation. The effectiveness test evaluates how well a law achieves its intended objectives in practice. This test looks beyond the text of the law to examine its impact, enforceability, and relevance in addressing the issues it seeks to solve. It asks key questions such as: Does the law serve its purpose? Is it being implemented as intended? Are there any gaps between the law's objectives and the realities of its application? For legislation to pass the effectiveness test, it must not only be clear and well-drafted but also properly enforced and aligned with the social, political, and economic conditions it governs. If a law is routinely ignored, poorly enforced, or outdated, it fails this test, regardless of how well it may be written. Effective legislation requires strong institutional support, clear accountability mechanisms, and the ability to adapt to changing circumstances.

When applied to a constitution, the effectiveness test examines how well the constitutional framework facilitates good governance, protects rights, and maintains checks and balances. While a constitution may outline democratic principles and structures, its effectiveness depends on how these provisions function in practice. For instance, if constitutional provisions on accountability are undermined by an overly dominant executive or if judicial independence is compromised, the constitution fails the effectiveness test. Similarly, the ability of citizens to exercise their constitutional rights, such as freedom of expression or assembly, serves as an indicator of the constitution's practical impact. In Zambia’s context, applying the effectiveness test to the constitution highlights the need for reforms that not only update legal language but also address how constitutional provisions interact with real-world governance challenges, ensuring that they support accountability, transparency, and citizen participation.

The Constitution must not only provide rules but also create a system in which those rules function effectively. Yet, our legal framework has led to fragmented accountability, with oversight bodies underfunded and powerless, while the executive wields disproportionate control. This imbalance undermines the rule of law and diminishes citizen participation in governance processes. In this regard, the Zambian constitution fails to entrench a culture of compliance, a culture of constitutionalism.

Constitutionalism is the practice and culture of applying constitutional values and principles in governance. It goes beyond merely having a written constitution; it reflects a system where laws, actions, and policies are grounded in constitutional principles such as the rule of law, accountability, and respect for fundamental rights. Constitutionalism requires that government powers are limited and exercised in a manner that aligns with the rights and responsibilities outlined in the constitution. This culture of upholding constitutional values ensures that even the highest authorities are subject to legal and moral constraints, creating a governance system where the constitution is not just a legal document but a living framework that guides every aspect of statecraft.

By providing the legal foundation for governance and the rights of citizens, the constitution plays a vital role in fostering constitutionalism. It establishes the framework within which laws are made, powers are exercised, and citizens' freedoms are protected. Through clear checks and balances, a constitution prevents the abuse of power and creates avenues for holding leaders accountable. However, constitutionalism only thrives where the constitution is respected and applied in both letter and spirit, requiring a commitment from all state actors to adhere to its provisions.

In Zambia, while the constitution sets out democratic principles and rights, it does not establish a strong enough framework to foster true constitutionalism. The overconcentration of power in the executive, weak enforcement of constitutional provisions, and the frequent disregard for judicial independence undermine the constitution’s ability to promote accountability and transparency. Additionally, many constitutional safeguards remain theoretical as they are not effectively implemented, allowing governance practices that contradict the constitution's intent. This weakens the culture of constitutionalism, making it difficult to ensure that government actions are consistently aligned with the foundational principles of the constitution.

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The Unseen Architecture of Governance – The Constitution’s Central Role in the Interconnection of Laws

While reforming the Constitution may seem like a textual exercise, it is crucial to understand that the Constitution is at the core of the unseen architecture of governance. The Constitution is not just a collection of legal provisions; it is the cornerstone that shapes the entire governance system. Laws, policies, and institutions are intricately interwoven, and any change to one element can create a ripple effect throughout the governance framework. The Constitution provides the foundational principles upon which these laws and institutions are built, making it essential to ensure that any reforms align with its broader objectives of promoting democracy, accountability, and the rule of law.

For example, an amendment aimed at strengthening the separation of powers does more than just revise a specific clause; it indirectly reinforces the independence of the judiciary and enhances legislative oversight. Even laws and policies that seem far removed from the constitution—such as public health or economic policy—are ultimately connected to constitutional principles. The Constitution sets the boundaries for how power is exercised, how institutions function, and how the government is held accountable. Therefore, reform cannot simply involve tinkering with isolated sections of the constitution but must address how the entire legal framework interacts with Zambia’s social, economic, and political realities. In this way, accountability, transparency, and participation should not only be specific provisions but should permeate the entire constitutional architecture, guiding how governance functions across all sectors.

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Constitutional Review – The First Step at Fixing the Constitution and fixing Everything

Zambians must ensure that the Constitution lays the foundation for governance reforms that promote accountability, citizen participation, and transparency. It should embed strong mechanisms for independent oversight and actively involve the public in decision-making processes

For this article, I have emphasized that Zambia needs a constitutional review. Constitutional review and reform, while often used interchangeably, represent two distinct processes in addressing a nation’s governance framework. A constitutional review is a broad and holistic process, examining the entire constitutional and legal architecture to identify areas that may need updating, strengthening, or realignment with contemporary social, political, and economic realities. This process involves evaluating the effectiveness of existing provisions, their interaction with other laws, and their impact on governance. Constitutional reform, on the other hand, follows the review and involves implementing changes that have been identified during the review process. Zambia needs a constitutional review, and thereafter, implement the reforms identified by the review in a formal process.

The time for a comprehensive constitutional review in Zambia is now. The current governance challenges—ranging from accountability deficits to the ineffective separation of powers—demand a thorough evaluation of the constitutional framework. As governance is interconnected, addressing issues in isolation will not yield long-lasting solutions. A review process allows for a broad and inclusive assessment of the Constitution, laws, and institutions to determine what is working, what needs improvement, and what should be overhauled. By taking a holistic approach, Zambia can address the root causes of governance failure rather than simply treating its symptoms, ensuring that reforms are meaningful and impactful.

The steps necessary for this review process include setting up a broad-based framework or platform to oversee the review, consulting widely with Zambians from all walks of life, and fostering open, inclusive discussions on what the country’s governance framework should look like. We have a long history of reviews and therefore have a lot of material to build on. The review should not rush into reforms; instead, it should focus on building wide agreement and consensus among Zambians about the governance system they envision. Only after this consensus is reached can meaningful constitutional reforms be undertaken. Reform, in this case, will be the targeted process of implementing the necessary changes that reflect the will and aspirations of the people, ensuring that Zambia’s governance framework is robust, democratic, and fit for the future.

It is important to acknowledge that while reviewing the governance framework is essential, it can only do so much. Laws alone will not solve our governance problems. The real test lies in the implementation of those laws and the commitment of leaders and institutions to uphold them. As stated, even in this regard, the constitution is central to shaping the culture of compliance that follows.

Constitutional review is the first step, but it is not the final destination. We must foster a culture of constitutionalism, where the rule of law is respected, and human rights are protected. This will require shifts in political and institutional cultures, as well as a broader understanding of citizenship and civic engagement.

Governance reforms go beyond legislative changes—they require accountable leadership, institutional integrity, and an active civil society that holds those in power accountable.

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The Constitution is Everything, But It's Not Enough

To truly address Zambia's economic, political, and social hardships, we must revisit the very foundation of our governance framework—the Constitution. We must also recognize that while the Constitution is everything, not everything is the constitution. Reforming it is necessary but insufficient without a broader commitment to shifting the cultures, practices, and mindsets that have entrenched poor governance. We must build up, we cannot address Zambia’s myriad of problems without first addressing the foundational issues that give rise to them.

As we embark on this journey of constitutional review, we must remember that laws are only as effective as the willingness of those who govern to uphold them. Let’s be bold in our review and reforms but equally bold in our commitment to constitutionalism, transparency, and accountability. Only then can Zambia move forward to a future where governance serves the people, not the other way around.

P.S. If there’s one thing we’ve learned from years of governance debates, it’s that the constitution is like a recipe—you can have the best ingredients, but if the chef doesn’t know what they’re doing, you’ll still end up with a burnt dish!

Author’s Disclaimer: This article is written in my individual capacity and reflects my personal views and opinions. The perspectives shared here do not represent the official stance of Chapter One Foundation or any other affiliated entities. The content is intended for informational purposes and to stimulate discussion on the need for comprehensive constitutional reform in Zambia.