Introduction
The recent constitutional amendment introducing a delimitation process to create new constituencies has sparked intense debate and concern. With the 2026 elections looming, it is crucial to examine the potential implications of this development on the electoral process and the role that the judiciary has played in constitutional compliance.
The Delimitation Process
The delimitation process aims to redraw electoral boundaries, potentially creating an unknown number of new constituencies. While the intention behind this exercise may be to ensure fair representation, the lack of clear guidelines and the proximity to the 2026 elections raise several concerns.
– Uncertainty and Chaos: The creation of new constituencies without the expressed wishes of the people may lead to confusion and chaos, particularly among voters, political parties, and electoral officials.
– Electoral Preparedness: The proximity to the 2026 elections may not provide sufficient time for the electoral commission to adequately prepare for the changes, potentially compromising the integrity of the electoral process.
Constitutional Compliance
In the case of Munir Zulu and Celestine Mukandila vs The Attorney General 2025/CCZ/009 The Judiciary played a crucial role in ensuring that the constitutional amendments comply with the principles of the constitution. The Constitutional Court held that the government should halt the amendment process for wider citizenry consultation.
– The Constitutional Court examined the actions of the government in including the delimitation clause in the proposed amendment and held that the actions were unconstitutional.
Conclusion
The constitutional amendment introducing a delimitation process to create new constituencies raises several concerns, particularly given the proximity to the 2026 elections. To ensure the integrity of the electoral process, the judiciary played its part in the case of Munir Zulu and Celestine Mukandila 2025/CCZ/009 when it declared the actions of the government to impose constitutional amendments without wider consultation unconstitutional. Ultimately, its up to the government to comply with the decision of the Court.