Southern African Institute for Policy and Research

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Southern African Institute for Policy and Research

Muna Ndulo, former Director of the Institute for African Development (IAD) and Professor of Law, delivered the keynote address at the colloquium "Celebrating 30 Years of South Africa's Constitution in a Rapidly Changing World" hosted by the Parliament of the Republic of South Africa in partnership with the University of South Africa (UNISA).

Held on 22 May 2026 in Cape Town, the colloquium marked three decades of South Africa's democratic Constitution and formed part of the Parliament's Africa Day commemorative programme. The event brought together distinguished leaders and thinkers, including former South African President Thabo Mbeki, Members of Parliament, diplomats, academics, governance experts, civil society leaders, and student activists.

In this thought-provoking address, Ndulo reflects on the enduring legacy of South Africa's 1996 Constitution and its influence on constitutional development across Africa and beyond. He examines the role of constitutions in promoting democracy, accountability, human rights, participation, and socio-economic transformation, while also addressing the deeper structural challenges of inequality, governance, and nation-building on the African continent.

As Ndulo notes:
"No constitution implements itself. A constitution is a framework that must be underpinned by good governance and effective rules. Deepening democracy and constitutionalism will require continued promotion of structural changes to institutions that promote accountability, participation and transformation of governance in Africa."

This address offers valuable insights for policymakers, students, scholars, legal practitioners, civil society actors, and anyone interested in constitutionalism, democracy, and Africa's future.

Key Themes:
• South Africa's constitutional legacy after 30 years
• Constitutionalism and democratic governance
• Rule of law and accountability
• Human rights and socio-economic rights
• Devolution and citizen participation
• Constitutional reform across Africa
• Governance, development, and institutional transformation

Watch full video here: https://youtu.be/l6Wk0aforD8

Credit: Parliament of the Republic of South Africa

Why S.A's Constitution Became a Model for Africa | Muna Ndulo addresses SA Parliament Muna Ndulo, former Director of the Institute for African Developmen...

AN OVERVIEW OF THE ELECTORAL PROCESS (AMENDMENT) ACT NO 12 OF 2026

The Electoral Process (Amendment) Act No. 12 of 2026 was passed by Parliament on 13th May, 2026 and assented to by the President on 15th May, 2026. It amends the Electoral Process Act No. 35 of 2016, which governs the conduct of elections and the mandate of the Electoral Commission of Zambia (ECZ).

The amendments introduce changes to candidate nominations, voter inspection, publication requirements, election administration, proportional representation and the Electoral Code of Conduct. The Act also introduces new definitions, including ‘adoption certificate’, ‘party list’ and ‘nomination petition’.

One of the most significant changes is the introduction, through a new Part IVA, of a legal framework to operationalise the proportional representation (PR) electoral system introduced by the Constitution of Zambia (Amendment) Act, 2025.

The new framework:
• Requires a political party to have a presidential candidate contesting the presidential election before it can qualify for PR seats

• Establishes a formula for allocating PR seats among political parties based on presidential vote share

• Provides for the allocation of PR seats reserved for women, youth and persons with disabilities

• Requires political parties to submit ‘party lists’; identifying individuals who may occupy PR seats

• Regulates how vacancies in PR seats will be filled and how replacements will be selected

• Allows political parties to recall Members of Parliament and councillors holding PR seats

Changes have also been made to the nomination of local government candidates. In addition to submitting a nomination paper, they are now required to submit a supporting affidavit. Candidates sponsored by political parties must also submit an ‘adoption certificate’. This document serves as proof that the candidate has been officially adopted by the political party.
The system requiring that a nomination paper be signed by a proposer and a seconder, in addition to a minimum number of registered voters, has been removed and replaced with a requirement for candidates to obtain signatures from registered voters only. District candidates must obtain at least fifteen signatures, while ward candidates must obtain at least nine.

A new Part VIIIA introduces nomination petitions. Any person challenging the nomination of a candidate under Article 52(4) of the Constitution is now required to file a nomination petition. The Chief Justice is empowered to make rules relating to procedure, timelines, fees and representation in such matters.

The Act requires the Electoral Commission to publish particulars of validly nominated presidential, parliamentary and local government candidates, as well as party lists under the PR system. Publication may now be made through the Gazette, widely circulated newspapers or electronic media.

Also introduced are provisions allowing the Commission to determine the period for inspection of the Provisional Register of Voters, as well as the express allowance of electronic inspection of the register. Additionally, the Act reduces the period for raising objections relating to details contained in the register from ninety days to fourteen days.

The definition of the campaign period has been amended, now beginning after the close of nominations and ending on the day before an election. The exact dates remain subject to determination by the Electoral Commission.

Section 37 of the 2016 Act, which dealt with presiding officers, has been repealed and replaced. The new section 37 requires the Electoral Commission to appoint a returning officer for each constituency, district or ward. Section 37A details the powers and duties of returning officers, including conducting nominations, collating results, declaring parliamentary and local government election results, and announcing presidential results at constituency level.

An amendment to section 72 aligns the results-tallying process with section 37A. It specifies the categories for which returning officers must announce and declare results during the tallying process, including parliamentary, mayoral, council chairperson and councillor elections. Presidential results remain limited to announcement only.

The appointment of presiding officers is now provided for separately, under section 37B. Further, section 68 has been amended to require presiding officers to mark rejected ballot papers with the word ‘rejected’, replacing the previous requirement to mark them with the letter ‘A’.

The sanction for breaches of the Electoral Code of Conduct has been changed from disqualification to suspension, and the Act expressly provides for regulations relating to the delimitation of constituencies, wards and polling districts.

As the country approaches the August 2026 general elections, the new provisions will form part of the legal framework governing the conduct of elections, how voters engage with the electoral process and how proportional representation seats are allocated.

https://sedrobz.com/news/just-published-an-overview-of-zambias-electoral-process-amendment-act-no-12-of-2026

Issac Mwanza and Anor v Chitalu Chilufya and Ors (2026/HP/EP/002) (3 June 2026)
Nomination petitions - Failure to file mandatory skeleton arguments and authorities with a nomination petition takes away the court’s power to hear the case (Jurisdiction) .
The petitioners filed a nomination petition challenging multiple independent candidates but filed only an affidavit verifying facts at the time of filing, omitting skeleton arguments, a list of authorities with copies, and related documents required by Rule 4(3) of the High Court (Election Petition) Rules, 2026.
Certain respondents raised a preliminary objection that the omission was fatal and deprived the court of jurisdiction. The petitioners argued the defect was curable, invoking constitutional principles against undue attention to procedural technicalities.
The court examined the mandatory wording of Rule 4(1) and (3) and relevant Supreme Court and Constitutional Court authorities. It held that the Rules are comprehensive and the use of "shall" makes the requirements mandatory. The court found that the omission was a fundamental and fatal defect that prevented it from hearing the petition. The petition was dismissed .
Read the full case on ZambiaLII: eng@2026-06-03" rel="ugc" target="_blank">https://zambialii.org/akn/zm/judgment/zmhc/2026/73/eng@2026-06-03

What is productivity, really?

Many institutions appear busy everyday. Meetings are held, reports are written, and people are constantly occupied. Yet citizens often continue to experience delays, inefficiency, and poor service delivery.

In this episode, we sit down with Yvonne Kanenga Nawila, who is the Management Analyst at Cabinet Office and formerly Chief Productivity and Quality Improvement Officer in the National Productivity Development Department under Zambia's Ministry of Labour and Social Security, to unpack one of the most misunderstood concepts in public policy and organisational performance: productivity.

Together, we explore:
• What productivity means at a national level
• Why citizens should care about a national productivity agenda
• The relationship between productivity and public service delivery
• Why some institutions remain slow despite having policies and staff
• The role of leadership, culture, and accountability in improving performance
• The hidden cost of inefficiency on national development
• Why people resist systems designed to improve results

Yvonne also shares insights from more than two decades of experience in productivity, quality management, social policy, leadership, change management, and institutional reform.

If you have ever wondered why organisations can be constantly active yet still struggle to deliver meaningful outcomes, this conversation is for you.

Watch the full episode here:

Busy But Not Effective: Why Productivity Is Still Misunderstood What is productivity, really?Many institutions appear busy everyd...

🔔 𝐀𝐝𝐯𝐚𝐧𝐜𝐞 𝐘𝐨𝐮𝐫 𝐄𝐱𝐩𝐞𝐫𝐭𝐢𝐬𝐞 𝐢𝐧 𝐀𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐢𝐨𝐧

The Southern African Institute for Policy and Research (SAIPAR), in partnership with ECB Legal Practitioners, is pleased to invite registrations for an intensive Masterclass on Domestic, International, Commercial and Investment Treaty Arbitration.

Join internationally renowned experts Muna Ndulo (Cornell Law School, USA) and Siobhan Zeiler (ENS, South Africa) for a practical, in-depth exploration of arbitration, dispute resolution, investment treaty arbitration, ICSID procedures, enforcement of arbitral awards, and much more.

📍 Lusaka: 13 July 2026 (SAIPAR)
📍 Copperbelt: 15 July 2026 (Venue to be announced)

Participation Fee: K6,000

Registration Deadline: 3 July 2026 (or earlier once seats are filled)

With limited spaces available, early registration is strongly encouraged.

PHOTO FOCUS: Last month, we hosted UNZABECA for Career Talk featuring guest speaker Charles Mate.

Charles Mate is an Executive at Stockbrokers Zambia, previously served as Managing Director, played a key role in the start-up of the Lusaka Securities Exchange (LuSE) as Project Manager, later became its first General Manager, and serves on the LuSE board as a Non-Executive Director.

The career talk was intended to provide students with an opportunity to gain valuable insights on career development, professional growth, and opportunities in today’s corporate world. The session also allowed participants to engage with the host on practical experiences, challenges, and strategies for success in different career paths.

If you'd like to learn from his experience, watch the full video here: https://youtu.be/VUosyTl9ADI?si=oHfGgltySfnG5R5Q

Most students imagine a straight path after graduation: land a job immediately, rise quickly, and eventually occupy the corner office. In reality, career growth is rarely instant. It is often shaped by years of discipline, consistency, adaptability, and continuous learning.

UNZABECA members recently had the opportunity to engage in a thought-provoking career talk by Charles Mate, a licensed dealer and member of the Lusaka Stock Exchange. Drawing from his professional experience, Mate unpacked what it truly takes to rise through the ranks in both the private and public sectors, the importance of setting ambitious goals, and why the ability to pivot can define long-term success.

Hosted at Southern African Institute for Policy and Research (SAIPAR), the session was moderated by SAIPAR’s Head of Economics Division, Dale Mudenda.

If you're still thinking about which career path to take or if you are wondering whether you are on the right path at the moment, this video is for you:

Getting to the C-Suite: Career Lessons Every Graduate Needs to Hear What does it really take to rise from graduate trainee to the C-sui...