WHO IS A NOMINATED MP?-Legal Adviser to President Hichilema Christopher Mundia explains

WHO IS A NOMINATED MP? By Christopher Mundia;Legal Adviser to President Hakainde Hichilema An important question has recently surfaced in our public discourse and on social media: What exactly is the role of a nominated Member of Parliament if that person does not represent a constituency This is a fair and necessary question. When citizens […]

WHO IS A NOMINATED MP?

By Christopher Mundia;
Legal Adviser to President Hakainde Hichilema

An important question has recently surfaced in our public discourse and on social media: What exactly is the role of a nominated Member of Parliament if that person does not represent a constituency

This is a fair and necessary question. When citizens seek to understand how our democratic institutions work, those questions deserve clear, respectful, and straightforward answers.

The short answer is this: a nominated Member of Parliament is a full Member of Parliament, but represents a national interest rather than a defined geographical constituency.

Parliament’s Composition

Not every Member of Parliament enters the National Assembly through a traditional constituency-based election. Under Article 68 of the Constitution, as amended by the Constitution of Zambia (Amendment) Act No. 13 of 2025, the National Assembly consists of:

• 226 Members holding constituency-based seats;
• 40 Members holding proportional-representation seats;
• Not more than 11 Members nominated by the President;
• The Vice-President;
• The Speaker; and
• The First and Second Deputy Speakers.
  This setup reflects an important constitutional reality: representation in our Parliament can be geographical, group-based, or grounded in a specific national interest or expertise.

Constituency MPs

A constituency-based MP is elected directly by voters in a defined geographical area under the first-past-the-post electoral system. That MP represents the people and day-to-day interests of that specific area.

This is why we naturally identify them by place—for instance, the Member of Parliament for Matero, Chipata Central, Mongu Central, or another constituency.

Citizens rightly expect their constituency MP to champion local development priorities like roads, schools, health facilities, water, and agriculture. However, even a constituency MP isn’t confined solely to local issues. Once elected, they actively participate in making laws and shaping policies that affect the entire nation.

Presidential Nominees

The purpose behind presidential nominations is set out in Article 69 of the Constitution. The President may nominate a person where it is considered necessary to enhance the representation of special interests, skills, or gender in the National Assembly. Naturally, anyone nominated must satisfy the constitutional qualifications required to serve as an MP.

The core idea is to enrich Parliament with specialized perspectives, technical knowledge, or diverse backgrounds that might not emerge through standard constituency elections. This could include deep experience in areas like public health, economics, agriculture, law, science, disability rights, public administration, traditional affairs, health, or education or any other specialised body of work.

A presidentially nominated MP therefore does not have a geographical constituency. The constitutional foundation for their seat is the specific skill set, perspective, or form of representation they bring to the table.

Crucially, this does not mean they are simply an adviser to the President or a passive observer in the House. Once nominated and sworn into the National Assembly, they take on the full duties, powers, and formal responsibilities of any Member of Parliament.

Proportional-Representation MPs

It helps to distinguish presidentially nominated MPs from the 40 proportional-representation MPs introduced by the Constitution of Zambia (Amendment) Act No. 13 of 2025.
These 40 seats are dedicated as follows:

• 20 seats for women;
• 15 seats for youth; and
• 5 seats for persons with disabilities.

These members are not appointed or nominated by the President. Instead, the seats are distributed by the Electoral Commission of Zambia to qualifying political parties based on their share of the total national vote cast for presidential candidates.

Once the seats are allocated, each qualifying political party submits a party list signed by its Party President and Secretary General for its allotted seats across these categories. The law strictly mandates separate lists for women, youths, and persons with disabilities, and anyone who ran for a constituency seat under the first-past-the-post system is disqualified from being listed on a proportional-representation list.

Much like nominated MPs, proportional-representation MPs do not represent a single geographic area. Their mandate flows directly from the constitutionally designated category they represent and the broader national vote earned by their party.

To put the distinction simply:
A constituency MP represents a geographical community. A proportional-representation MP strengthens the voice of a constitutionally identified group. A presidentially nominated MP brings a special interest, skill, or critical form of expertise into the House.

Ministerial Appointments

Another key point to keep in mind: an MP does not need to represent a geographical constituency to serve as a Cabinet Minister.
Article 116 states that the President shall appoint the prescribed number of Members of Parliament as Ministers. It places no restriction limiting these appointments to constituency MPs. As a result, an MP holding a constituency seat, a proportional-representation seat, or a presidentially nominated seat is fully eligible to be appointed to Cabinet.

In fact, Article 116 explicitly addresses nominated MPs in executive roles, noting that if a nominated MP’s parliamentary nomination is revoked, their ministerial office automatically becomes vacant as well.

Similarly, Article 117 empowers the President to appoint Provincial Ministers from among Members of Parliament, drawing from any of the three categories subject to constitutional guidelines.

Of course, this does not mean every nominated or proportional-representation MP becomes a Minister—Cabinet appointments remain the sole discretion of the President. It simply means that the absence of a local constituency does not bar an MP from serving in Executive leadership.

When appointed, the individual balances two distinct roles: serving as a parliamentarian, and driving the strategic policy direction of their assigned Ministry or State institution.

Parliamentary Responsibilities

Not having a geographical constituency does not make someone any less of an MP. Nominated and proportional-representation MPs actively engage in the core business of the National Assembly under its Standing Orders and the Constitution.

Their daily work includes:

• Debating and voting on Bills;
• Shaping national policy discussions;
• Serving on parliamentary oversight committees;
• Scrutinizing public spending and government performance;
• Participating in the approval of the national Budget and public debt;
• Reviewing international agreements and treaties; and
• Advocating for the key sector, demographic, or expertise they were brought in to represent.
  Article 63 places the responsibility for lawmaking and Executive oversight squarely on Parliament.

This includes ensuring fairness in resource allocation, approving public funds, scrutinizing spending, and overseeing national debt and treaties.

While a non-constituency based MP may not have local roads or ward projects falling directly under their political care, they still carry a profound national legislative, representative, and oversight duty.

The Real Test

When evaluating performance, our main focus shouldn’t just be: “Which constituency does this MP represent?”
As citizens, we should also ask:

• What specific knowledge, demographic, or national interest is this MP giving voice to?
• How effectively are they demonstrating that representation on the floor of the House?
• Are they contributing meaningfully to debates and committee work?
• Are they actively advancing better laws and sounder public policies?
• Are they helping Parliament hold the Executive accountable?
• If serving as a Minister, are they delivering competent, transparent and corrupt free leadership?
  A nominated or proportional-representation seat should never be seen as a mere political favour. It is a serious constitutional office with solemn obligations to the public.

At the end of the day, lacking a geographical constituency doesn’t mean a lack of representation—it means serving through a national lens. In a very real sense, their constituency is the expertise, special interest, or community group that justified their place in the House.

Citizens have every right to expect clear, measurable value from every single MP, whether they were elected by a constituency, brought in through proportional representation, or nominated by the President.

A seat without a geographical constituency is not a seat without responsibility. It is a national platform, and it must be used for the national good.

If anything remains unclear, please feel free to ask us any questions. We are happy to help.