BILL 7 SAYS BY-ELECTIONS WILL ONLY BE HELD FOR INDEPENDENT CANDIDATES

 BILL 7 SAYS BY-ELECTIONS WILL ONLY BE HELD FOR INDEPENDENT CANDIDATES



By Catherine Pule | Kalemba | June 9, 2025


The proposed Constitution Amendment Bill No. 7 of 2025 seeks to drastically change the way by-elections are conducted in Zambia by limiting them only to independent candidates.


Under the current Constitution, a by-election is held whenever an MP, mayor, council chairperson or councillor resigns or dies, regardless of party affiliation. But if Bill 7 passes, by-elections will only be held if the departing officeholder was an independent candidate — someone not affiliated with any political party.


Party Replacements, No Voting


According to a proposed amendment to Article 266, the new definition of a by-election will be:


> “An election to fill a vacancy in the office of an independent Member of Parliament holding a constituency-based seat, independent mayor, council chairperson or councillor.”




If the vacant seat was held by a political party member, the party will simply nominate a replacement to serve the remainder of the term without holding a by-election.


Speaker and ECZ Involvement


The Speaker of the National Assembly will be required to notify the Electoral Commission of Zambia (ECZ) of a vacancy within seven days, and the sponsoring political party will submit a replacement name.


The nominee must still meet all eligibility criteria under Article 70 and will serve out the rest of the parliamentary term.


Aim: Cut Costs on By-Elections


The primary goal of the amendment appears to be cost reduction, by eliminating repeated by-elections for political party seats and limiting elections only to independent-held positions.


Vacancy Freeze Before General Elections


Another provision of the Bill states that no vacancy shall be filled in the 180 days before a general election, effectively pausing all mid-term seat replacements during that window.


If enacted, Bill 7 will reshape Zambia’s democratic process by changing how public officials are replaced mid-term, particularly strengthening party influence while curbing electoral spending.


Read more: Kalemba News – Politics


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