THE National Constitutional Conference (NCC) has agreed to include in the Constitution a clause that will categorically state that a former president who loses immunity should have it restored if he is cleared by the courts of law.
The NCC plenary also adopted a clause that will give former presidents the right to appear before a parliamentary ad-hoc committee to give their side of the story on criminal allegations before the whole Parliament considered the motion for the removal of immunity.
Debating Article 136, the NCC plenary observed that the Constitution had been silent on a president that had been cleared by the courts on whether their immunity could be restored or not.
Vice-President George Kunda said, in order to remove any doubts, there should be a clause that would say immunity should be restored to a former president after he had been cleared by the courts of law.
Defence Minister Kalombo Mwansa agreed and said there should be a clause for the restoration of the immunity.
Deputy Minister in the Office of the Vice-President Gaston Sichilima said if a former president was cleared by the courts, then the immunity should automatically be restored.
Lawyer Patrick Mvunga concurred with Mr Sichilima and explained that if someone was cleared by the courts then there should not be talk of immunity.
But Mbabala MP Emmanuel Hachipuka said Parliament was procedural and if a former president was cleared by the courts of law then there should be communication between the courts and Parliament.
Katuba Member of Parliament Jonas Shakafuswa said the ad-hoc committee was a democratic idea as it would give Parliament both sides of the accusations before removing the presidential immunity.
Parliamentary chief whip Vernon Mwaanga said there should be at least one third of all MPs to move a motion to remove a former president’s immunity to avoid frivolous motions.
Bahati MP Besa Chimbaka said former president Chiluba had his immunity removed without prima facie evidence.
Mr Chimbaka said Dr Chiluba had his immunity removed as a result of some allegations which were different from the ones that he appeared in court for.
Chief Kashiba said the country should be careful with the way it treated its former presidents because mistakes should not be repeated.
The clauses that were adopted say not less than one-third of the MPs should petition the Speaker stating allegations that a former president had committed a criminal offence in his private capacity during his tenure in office.
The notice should specify the allegations and the Speaker would within seven days serve the notice to the former president and the National Assembly.
After that, the National Assembly would then constitute an ad-hoc committee to determine the matter on whether immunity should be removed or not and the accused president should be given a right to be represented to give his side of the story.
The NCC agreed that the select committee would recommend to the National Assembly for the removal of the immunity but the resolution should be supported by a vote of not less than two-thirds of all MPs and the court would only try the president on charges for which the immunity was removed.
[Times of Zambia]
Nothing good will come out of this so called NCC. we have wasted money that could have been used to build more universities to suit the included demands in their “NCC” constitution.
Personally i think there is no wisdom from the people at NCC,they are just making these recommendations to suit individuals,why cant something good come out of zambia for once for Christ Sake
Yaba!……It seems our constitution is now being compromised! or should I say personalized. Sad, very sad indeed for the common man out there whom it should be protecting. And these so called NCC members are proud first or second degree holders…. Lord have mercy :((
This is rubbish, pure nonsense
Kafupi is back we ought to be very careful, whatever has remained will be given back to this master thief.
Its very sad that this man Chiluba has no shame at all…
This is ru..bbish, pure non-sense
Kafupi is back we ought to be very careful, whatever has remained will be given back to this master thief.
Its very sad that this man Chiluba has no shame at all…
The NCC seating is a waste of money and time. It’s good the Catholics, Progressive NGO’s, Miyanda’s party and some many boycotted it. Its true colours came out a long time ago now the colours are even stained. They pushed for the age limit, after MMD saw RB could have been caught up, they shot it down. They have brought the Degree clause to target Sata, they will be caught up in their own vomit. Now they are talking restoring immunity and not registering judgement from oversees for enforcement in Zambia. This is pathetic. Zambia a circus with NyamaSoya a ringmaster & FTJ a dancer.
These are good suggestions, lets go zambia, we are making a progress!:)>-
The World iz sure laughing at us with theze embarrasing decizionz coming from the so called NCC. This haz now become a circus and soon they will say only thoze with a degree should get a driving license so that they understand carbon emission tax properly.
What it means is that we shall never ever have a permanent consititution, because this one will for sure be thrown out by any new government. What a pity.
This is the dumbest thing I have ever heard. As always only God is our saviour. Only In Zambia can one support someone that robbed them in broad daylight. If he steal or defrauds all, that person too should be tried as such period.
There is a joke currently running in one of the tabloids in the USA: “Unemployed? Have a Degree? Black? Well, you could just be the next President of Zambia! Just don’t ask us where Zambia is!”
If Death was not as selfish as it is, we couldn’t have been in this mess today.LPM would have made sure that kafupi was given what he deserves however, Banda is a snake. Who knew he could become so defensive of such activities i.e protecting chiluba, prosecuting Kalaba for no reason and now supporting gang rapists, this man has done it all. I dont know why we cannot do something to remover this evil person from ruining our country completely.
all this nonsese means nothing because the people that make them dont follow them anyway:(. its going to be changed again soon anyway. So what the hell8->
RB has got his hands firmly squeezed on these guys matoles serously. Just notice ka Kundas tuma 4 eyes when he is around RB. Like a dog with its tail between the legs:-?
We are all done, nothing good will ever come out from this skin!!!
Pure waste of resources. This is really a huge scandal Zambia has ever seen. How much in total has been spent on these crooks? If Zambians wont protest, then will know that Zambians are a bunch of cowards. I think they should have not even constituted this nonsense called NCC. Now we can see the true concerns of Sata. ZAMBIA IS A JOKE.
What next for Zambia?
Do we have any men of God sitting on this committee? What is their take on the way our Constitution is being dogged around? Sure money can make people go crazy. I feel sorry for the donor countries the way their money is being spent and wasted. What a waste? All the debt we incur from the IMF and World Bank being spent on few individuals doing literally nothing but wasting our time. This is what makes nations to be called underdeveloped or third world. Zambia, are we developing or we are sinking even deeper? Issues that are still in courts of law are being hijacked by NCC, why? Yes, our slogan: Zambia The Real Africa, is at work.
Sometimes,am really ashamed to be zambian……..i really wish we could pay serious attention to the more important issues…….but what do you know……it is actually surprisingly amazing how reckless and ‘chimbwi no plan’ RB has being,i never thought a person could be that below par……
Next to be adopted will be law that will clear Kalumba & Mabenga – SHAME
what these jokers are doing is not permanent.lets unite as zambians and do someting for the sake of our children.lets pass a vote of no comfidence to thes ncc jokers
NCC is a sham!Whose interests are they serving?ours or their own?So now this is for the benefit of one little guy, FTJ.This constitution will not stand the taste of time coz it is being tailored to certain people’s needs
Frankly and brutally so,this NCC nonsense is a sheer waste of funds.If i became president of Zambia one day,i would try all those taking part in the NCC and would ask them to pay back these monies.You see,thats why most countries in Africa end up in the hands of the military,it’s coz of such recklessness in decision making.Even when captain solo took over briefly in 1997,he talked of corruption by the MMD,next when Mwanawasa took over,Chiluba and most of his ministers ended up in court.Today,the Zambian people are being taken for a ride…..one day,we shall parade you before a firing squad,like Rawlings did to those careless Ghanains who stole state resources.
Why do we condemn ourselves to perpertual mediocrity??? All this money gone for nothing could have saved lives somewhere and then next year we start all over again. This is a serious crime against humanity.
Mwanya ba MMD and NCC cadres, sata has two degrees in Arts and history and Political science, ready to be certified!!