Covid-19 and Zambia’s Constitutional Dilemma

Abstract

<div><div><p>Desperate times call for desperate measures. This holds true in times of public emergencies. Constitutionalism and the rule of law, however, impose limits on how the powers of government can be duly exercised even in the face of public emergencies. Focusing on the period March 2020 to March 2021, this chapter examines the response of the Zambian government to the Covid-19 pandemic through the lens of constitutionalism and the rule of law. It reveals that the response was exclusively executive-driven. Several measures which the executive introduced to contain the spread of Covid-19 had no legal basis, and enforcement was arbitrary. Parliamentary and judicial oversight was also largely absent. This saw apparent violations of human rights go without redress. This chapter ends with some general observations on what could be learnt from the experience during the period under examination, to facilitate constitutional resilience in the future.<br></p></div></div>