Abolishing By-Elections: Mwila Blasts Bill 7 as 'Danger to Democracy'

........These clauses remove the right of citizens to choose a new MP when a seat becomes vacant. Instead of a by-election, the political party will simply appoint someone from its headquarters.......

Today State House has issued a press release demanding that the opposition should “point out even one clause in Bill 7 that is a danger to democracy.” The tone was dismissive and carried an arrogant suggestion that anyone questioning this Bill is simply seeking spectacle.

There are several clauses in Bill 7 that pose a real and direct threat to our democracy, our Constitution and the sovereignty of voters. Below are just a few.

1. Clauses 9 and 18: Abolition of By-Elections

These clauses remove the right of citizens to choose a new MP when a seat becomes vacant. Instead of a by-election, the political party will simply appoint someone from its headquarters. This takes power away from the people and hands it to party bosses. It also creates a system where MPs can be expelled or intimidated because their party can replace them without facing voters.

2. Clause 11: Presidential Power to Dissolve Parliament

Bill 7 gives the President the power to dissolve Parliament if he believes MPs have “failed to legislate.” This vague provision creates fear and weakens Parliament’s independence. How can MPs hold the Executive accountable when the President can threaten to dissolve them?

3. Clause 7(e): Presidential Nomination of MPs
Allowing the President to nominate up to 10 MPs strengthens executive control over Parliament. 

In a system where by-elections are abolished and party lists dominate, these nominated MPs become a loyal block for the Executive.

4. Local Government Changes (The removal of the two-term limit is stated right in the Memorandum, paragraph (h) and Clause 16(b))

The removal of mayoral term limits and allow MPs to sit on councils. This undermines decentralization and creates political dynasties at local level without accountability.

5. “As Prescribed” Clauses
Bill 7 repeatedly leaves important electoral rules to ECZ regulations instead of writing them in the Constitution. This allows rules to be changed without a two thirds majority. It gives excessive discretion to the Electoral Commission and weakens constitutional safeguards.

So if the UPND Government was truly interested in inclusion, Bill 7 would have contained mandatory gender and youth quotas, campaign finance reform and protections for women against political violence. None of these appear in the Bill.
So when State House through Clayson Hamasaka asks for “one clause” that is dangerous to democracy, here are several. These are not political games. These are constitutional dangers that every Zambian must be aware of.
Zambia belongs to all of us. We have a duty to defend our democracy, our Constitution and the voice of the people.
We will not be intimidated by empty State House press statements. We will speak the truth.
Simon Mulenga Mwila - Aspiring Mayor of Lusaka.
(DBA-Candidate, MBA, LLM, LLB, Legal Practioner, Commissioner for Oaths, Notary Public). The Speech Analyst/Mike Sichula".