By Henry Kyambalesa
Dear NCC Commissioners:
Comments on the NCC Draft Constitution
I wish to join other Zambians in acknowledging your extraordinary effort, determination and commitment to review the Republican constitution and give our beloved country a new constitution that is expected to stand the test of time.
In this connection, I wish to make a few comments and suggestions designed to make the new constitution more acceptable to the majority of Zambians, and more credible in the eyes of the international community.
1. The Preamble: The first three paragraphs of the Preamble should read as follows:
We, the people of Zambia, by our representatives assembled in our Parliament,
Acknowledge the supremacy of God Almighty;
Uphold the right of every person to enjoy that person’s freedom of conscience or religion; …
The Republican constitution should be a neutral document that should not appear to discriminate against atheists or pagans, or those who believe in Islam, Judaism, Buddhism, Hinduism, or Jainism. All these segments of Zambian society have a genuine stake in the Republican constitution and, therefore, deserve to be respected in spite of the fact that they are not currently as large as their Christian counterparts.
2. Christian Values and Principles (Article 16): This Article should be removed because “directing the policies and laws towards securing and promoting Christian values” or beliefs would be inconsistent with “upholding the right of every person to enjoy that person’s freedom of conscience or religion” that is enshrined in the Preamble. It is also not consistent with what is enshrined in Article 96(2)(a) of the Bill which states that a political party shall not be founded on a religious basis, among other things.
If it were permissible for the national government to generate “policies and laws towards securing and promoting Christian values …,” why would it be wrong for a political party to fashion its existence and contemplated policies and laws that would have a religious bearing?
If there is a compelling and absolute need for this Article to be retained, however, the “Christian Values and Principles” will need to be specifically defined in the same manner as Article 10 (Political Values, Principles and Objectives), Article 13 (Socio-Economic Values, Principles and Objectives) and Article 15 (Cultural Values, Principles and Objectives) are defined.
3. Promotion of Sport (Article 19): This Article states that “The Government shall promote recreation and sports for the citizens.” It could more appropriately and logically be incorporated into Article 13 (Socio-Economic Values, Principles and Objectives).
4. Qualifications of Presidential Candidates (Article 108): The requirements that presidential candidates should have a bachelor’s degree as a minimum academic qualification, and to have been resident in Zambia for 10 consecutive years preceding any given presidential election are clearly designed to exclude certain individuals from contesting the Republican presidency.
It is obvious that these two clauses could not have been recommended by the NCC if the MMD presidential candidate in the 2011 general elections — that is, Rupiah Banda — did not have a degree and had been working or studying in a foreign country over the last 5 or so years.
The degree requirement, for example, is undesirable and outrageous for the following reasons:
(a) It is not based on evidence from Zambia or anywhere else in the world suggesting that a president’s competence is directly related to his or her academic qualifications. In other words, it is mainly based on hunches rather than on facts!
(b) There is no academic degree offered anywhere in the world which can equip an individual with the qualities that are needed in political leadership, such as emotional stability, patriotism, selflessness, fair-mindedness, patience, compassion, tolerance, respect for the rule of law, and the ability to make compromises with people who have dissenting views.
(c) Most academic degrees are not designed to equip students with the requisite knowledge and skills relating to political or national leadership.
(d) The number of years which have passed from the year someone obtained a degree to the present reflects on the relevance of the degree involved. A degree obtained during the 1980s, for example, is generally useless if the holder is not engaged in teaching or other professions which require the application of the knowledge and skills acquired during the pursuit of the degree.
(e) The Republican president appoints qualified advisors to provide him or her with decision inputs in dealing with legal, economic, political, and other matters.
(f) The Republican president is expected to appoint competent government ministers and charge them with the responsibility of advising him or her on matters relating to national projects and programs, and spearheading the implementation of such projects and programs.
(g) The clause, if it is eventually included in the new Republican constitution, will inevitably require all office bearers (including the vice president) who are constitutionally expected to take over the presidency under special circumstances to be holders of academic degrees. And
(h) The kinds of national policies, projects and programs a presidential candidate promises to pursue are more important than his or her educational attainments.
There is, therefore, a need to retain Article 123 (1) (e) of the Willa Mung’omba draft constitution, which states that a person would only be qualified to be a presidential candidate if he or she had obtained the minimum academic qualification of a Grade 12 certificate.
With respect to the 10-year residence requirement, what is really the rationale for such a Clause? What is it supposed to achieve?
There are many reasons why Zambians temporarily reside in foreign countries, such as to pursue studies, to work for the Zambian government in foreign missions, to work at foreign-based branches of companies registered in Zambia, to pursue investment opportunities, or to seek employment due to the widespread unemployment currently obtaining in the country.
These are all good reasons why some Zambian citizens have, now and again, found themselves temporarily residing in foreign countries. Why, then, should their native country’s constitution deny them the opportunity to vie for the Republican presidency?
[pullquote]These are all good reasons why some Zambian citizens have, now and again, found themselves temporarily residing in foreign countries. Why, then, should their native country’s constitution deny them the opportunity to vie for the Republican presidency?[/pullquote]
There is a need to remove this requirement because it discriminates against citizens who temporarily live in foreign countries for good reasons.
Over the years, the people’s call for a non-discriminatory Republican constitution that is expected to stand the test of time has been loud and clear. Unfortunately, those who are entrusted with the noble task of delivering such a constitution to the people seem to have personal and/or partisan stakes in the constitution-making process.
I, therefore, wish to urge each and every member of the NCC to heed the people’s call for a Republican constitution that will meet their needs and expectations in order to save financial and material resources that are likely to be devoted to another constitutional review commission in future.
Thus far, Zambia has wasted a good portion of its meager resources on financing the Chona Constitution Commission, the Mvunga Constitution Review Commission, the Mwanakatwe Constitution Review Commission, and the Mung’omba Constitutional Review Commission. There is, therefore, a need for the NCC to put personal and partisan interests aside and give the people a more acceptable constitution this time around.
5. Appointment of MPs to Executive Positions: The Bill requires that the Vice President, Provincial Ministers and Deputy Ministers should be appointed from Members of Parliament (Articles 128, 130, 131 and 132). This is an outdated and backward requirement for a burgeoning democratic system like ours.
We, therefore, need Articles and/or Clauses which would provide for the appointment of the Vice President, Provincial Ministers and Deputy Ministers from Zambians who are qualified to be elected as MPs, but who are not MPs. Such Articles and/or Clauses are important for the following reasons:
(a) They can afford a Republican president or President-elect a larger pool of competent people from which he or she can constitute a Cabinet.
(b) They can provide for greater separation of powers between the legislative and executive branches of government.
(c) They can afford presidential aspirants enough time to identify potential ministerial appointees well before tripartite elections rather than waiting for parliamentary elections to be concluded. And
(d) They can reduce the apparent work overload on government officials who have to handle both ministerial and parliamentary functions.
6. Defence and National Security (Part XVI): There is a need to create an additional Article in this Part of the Bill relating to the Zambia National Service (ZNS).
I agree with the issues raised. My only reservation is when you say we must not be a christian nation. Yes we need an elected vep. Yes we need guranteed Socioeconomic rights, Yes we need ministers appointed outside the MPs. Yes we need the Chief Justice to have powers to nullify the appointment if found that a declared President was not dully elected of was fradulently elected. Yes we need to indicate that if there is a presidential dispute, the wining candidate must not be sworn in until the dispute is resolved. Yes we need to extend the time from 48hours to 90 days of swearing in the President elect.
My Henry, this constitution is a no brainer. It was crafted to fix two people from contesting the presidency.
The 10 year clause was meant to fix Professor Chirwa just in case the PACT adopt him
The Degree clause was meant to fix Micheal Chilufya Sata. All these are FTJ tactics. We have seen this movie before.
They even have the guts of asking us to do a survey when they are busy constitutionally discriminating against people living in Diaspora. These guys are Jokers!!!
The Zambian constitution is just a pile of rotten papers.
Dont worry, we shall reverse all this BS.These NCC guys will pay back every single ngwee that theyhave eaten from this enless tea party
This kabova, the writer of this artice has been sponsored by the west! Malabishi article, you have not travelled and zambia as a christian nation, shall not allow such brats to be used in this regard. We know you were given a brown evelope, poverty mentallity will take you nowhere. 😮
Well done Mr Henry for taking your time to look at the NCC Draft Constitution when PF/Mr Sata MC is asking Zambians to reject the document and not even look at it.
However, I have a few concerns that I will make commentary on following the above article.
Firstly, allow me to start with 2 Freedom‘s “The 10 year clause was meant to fix Professor Chirwa just in case the PACT adopt him” which is misplaced since the Republican Constitution we are using right now in Article 34 (3.e) states that “(f) he has been domiciled in Zambia for a period of at least twenty years” which is far worse than what the NCC Draft constitution has recommended. So, there is nothing like fixing Dr Clive Chirwa in the NCC Draft. However, it would be nice to reword the 10 yr thing.
_…
The 10 yr resident requirement Article 108(1)(c) of the NCC Draft Constitution framed as “has been ordinarily resident in Zambia for a continuous period of ten years immediately preceding the election” must be refined to give an exception to people who fall under Zambians who went “to pursue studies, to work for the Zambian government in foreign missions, to work at foreign-based branches of companies registered in Zambia” only.
The restriction is important to make sure that fake foreigners, who feign being Zambians, do not assume the high office of President of Zambia through corrupting a few selfish element or any means.
Be blessed all.
_
Matt 6:33 But seek ye first the kingdom of God and His righteousness and all these things shall be added unto you.
Mr Henry K, your own The degree requirement, for example, is undesirable and outrageous for the following reasons: … (e) The Republican president appoints qualified advisors to provide him or her with decision inputs in dealing with legal, economic, political, and other matters” actually necessitate the Degree requirement for someone to qualify to become Presiden of Zambia in part. This is because Zambia does not need a President, as Mr FJT Chiluba (Hon Doc, Malawi), who feels inferior in education to his subordinates like Vice-President, Cabinet Ministers, and those in the Civil Service or other wings of GRZ, namely the Judiciary and Legislature.
Be blessed all.
_
Matt 6:33 But seek ye first the kingdom of God and His righteousness and all these things shall be added unto…
Secondly, Article 108 (1) … (e) has obtained, as a minimum academic qualification, a first degree or its equivalent from a recognised university or institution; (f) is conversant with the official language; and” simply take care of the our current Republican Constitution in force’s “Article 34 … (3)… (e) he is qualified to be elected as a member of the National Assembly; and” which requires a Zambian Presidential candidate to be literate (Article 64 (c)(c) he is literate and conversant with the official language of Zambia), that was not explicitly explained.
Due to a small project course component and core courses in most Bachelor’s programmes, graduates are become more literate than at G12.
Be blessed all.
_
Matt 6:33 But seek ye first the…
we have never agreed on the composition of the NCC now are coming this time after wasting our money. the major issues we wanted consitution with reduced power of president. So that the annual budgeting of Judiaciary and Electrical Commission is done by parliament not ministry of Finance which is controlled by the president causing no fair judicial process and election. And elected Vice President so that we donot produce people like Kunda.
If you agree that Grade 12 be the minimum academic entry level allowed to contest the Presidency then you might as well allow first degree. When you look at todays Grade 12s, they leave a lot to be desired. When we came out of Form Five, we were ready to contribute to national development. This can not be said of todays Grade 12s.
They know more of video games, movies, music and are generally immature.
I agree with everything you have written above without exception. Its about time we had a progressive constitution and not one targeted at certain individuals or motivated by fear and superstitions. One issue that has eluded this constitution making process is the elimination of all types of discrimination whether it is religion, tribe, gender, education level etc. We remain a society that harbors discrimination and this is a major barrier to national development. If only many Zambians had the wisdom of the writer of this article we would be there with the rest of the world.
The following had no degrees
Abraham Lincoln, Jesus Christ, Winston Churchill, George Washington, King Fahd, King Hussein, Napoleon, Jacob Zuma, Stalin, Kruschev, King Sobhuza, Sam Nujoma, Samora Machel, Bob Hawke, Saddam Hussein, Frederick Chiluba, Kenneth Kaunda, Mainza Chona
The following list failed or dropped out of university the list is name and university. Michael Dell, University of Texas at Austin, Bill Gates, Harvard University, Steve Jobs, Reed College,Woody Allen, New York University, Jack Kerouac, Columbia University, Kanye West, Chicago State University, Alicia Keys, Columbia University, James Dean, UCLA, John Steinbeck, Stanford University,William Faulkner, University of Mississippi, Anthony Bourdain, Vassar College. Please tell me if they are not capable and successful people.
Thomas Alva Edison the greatest inventor the world has seen who invented among othe r things the light bulb and the record player had no degree. Nor did Alexander Graham bell. Muhammad and Jesus both did not have degrees.
John Major was Prime Minister of Great Britain, certainly a more complex and strenous job than President of Zambia. Charles de Gaulle was President of France. Both had no degrees. Please people let us reason properly. A degree does not qualify anyone to be President. Furthermore what value is a 50 year old degree ?
Micky ‘Mukesh’ Jagtiani multi billionaire, former taxi driver. No degree.Eike Fuhrken Batista Brazillian business mogul. No degree. Al-Waleed_bin_Talal. Billionaire. N
Micky ‘Mukesh’ Jagtiani multi billionaire, former taxi driver. No degree.Eike Fuhrken Batista Brazillian business mogul. No degree. Al-Waleed_bin_Talal. Billionaire. Actually he has several degrees my mistake.
1. Paul Allen
Founder and chairman, Vulcan
Type of Business: Media, telecommunications
Education: Dropped out of Washington State College after two years
Fun fact: He persuaded Bill Gates to drop out of Harvard. They later founded Microsoft (MSFT) together.
2. Richard Branson
CEO, Virgin Group
Type of Business: Travel, radio, TV, music, venture capital
Education: No college degree
Fun fact: He became an entrepreneur at age 16 with the creation of Student magazine.
3. Maverick Carter
CEO, LRMR Innovative Marketing & Branding
Type of Business: Marketing
Education: 3.5 years of college at Western Michigan University and University of Akron combined
Quote: “Don’t be afraid if you see an opportunity to go and give it shot. You can finish school later; it’s always there…
4. John Paul DeJoria
CEO, John Paul Mitchell Systems
Type of Business: Hair-care products
Education: No college
Fun fact: He started out selling greeting cards at age 9.
5. Michael Dell
Founder, chairman, and CEO Dell (DELL)
Type of Business: Computers
Education: Attended University of Texas, Austin; did not finish.
Quote: “When I started our company, it was very much an idea outside of the conventional wisdom, and if there were people telling me that it wasn’t going to work, I wasn’t really listening to them.”
6. Felix Dennis
Founder and chairman, Alpha Media Group, formerly Dennis Publishing
Type of Business: Publishing (Maxim, The Week)
Education: No college degree
Fun fact: He wrote a biography and published a magazine about Bruce Lee; sales surged when the…
7. Barry Diller
Chairman and CEO of IAC/InterActiveCorp (IACI)
Type of Business: Media
Education: Dropped out of UCLA after three weeks
Fun fact: He started his career working in the mail room of the William Morris Agency.
8. Bill Gates
Co-chair and Trustee, Bill & Melinda Gates Foundation; Chairman, Microsoft (MSFT)
Type of Business: Philanthropy. Software.
Education: Dropped out of Harvard
Fun fact: As a schoolboy, he created a program that allowed people to play tic-tac-toe on the computer.
9. Mukesh “Micky” Jagtiani
Chairman, Landmark International (Dubai)
Type of Business: Retailing
Education: No college degree
Fun fact: The billionaire mall developer flunked out of a London accounting school as a teenager and worked as a taxi driver before becoming an…
10. Dean Kamen
Founder and chairman, Segway
Type of Business: Motor vehicles
Education: Dropped out of Worcester Polytechnic Institute
Fun fact: Kamen founded FIRST, a robotics competition for high school students.
11. David Oreck
Founder, Oreck
Type of Business: Vacuum cleaners
Education: No college. At 17, enlisted in the army, and flew B-29 bombers during World War II
Quote: “Things are never as bad as they seem to the pessimist and never as good as they seem to the optimist.”
12. Amancio Ortega Gaona
President, Inditex Group
Type of Business: Fashion retailing (Zara, Kiddy Class, others). (A Coruna, Spain)
Education: No college
Fun fact: Often cited as the richest man in Spain, he reportedly has never given any media interviews
Fun Fact: Every single person convicted of corruption and theft in Levy Mwanwasa’s fight against corruption had a degree. Infact post graduate degree’s abounded. The two billion kwacha thieves all had degrees.
13. Phillip Ruffin
Owner, Treasure Island
Type of Business: Casinos
Education: Attended Washburn University for three years and Wichita State University but never got his degree.
Quote: “You get the most experience from the business of life.”
14. Alfred Taubman
Founder, Taubman Centers (TCO). Philanthropist
Type of Business: Shopping malls
Education: Attended the University of Michigan at Ann Arbor for three years but left to start a family and his career
Quote: “Become an expert in one fundamental area of your market or business. No one starts out as a generalist.”
15. Ty Warner
Founder, Ty, Inc.
Type of Business: Toys (stuffed animals)
Education: Dropped out of college to pursue a career in acting. Later founded Ty Inc.
Fun fact: The plush animals his company…
Does a candidate with professional qualification such as ACCA, CIMA, MIEMA etc which are worth more than most bachelors degrees qualify under the degree clause?
I can only imagine how many talented future Zambian leaders without a BA that this clause is going to discriminate against. GOOD LEADERSHIP is a GOD GIVEN TALENT that I am yet to find a College that offer such a course. Quite honestly, this clause is unnecessarily going to deny Zambia some of the most TALENTED leaders who have had the misfortune of being poor to afford college—-get rid of it!!!
Not even advanced Countries with the capacity to accommodate every man/girl child who wants to go to College have such clauses in their Constitutions. A Grade 12 requirement is reasonable because the attainment of this level of education in Zambia is widespread and reasonably affordable. Not until we reach a comparable capacity with our Colleges/Universities, this clause makes NO sense!
Iw Na INE, you have made your point and your research is good; a point to make to you and please correct me if i am wrong; the late Mainza Chona was a qualified Barrister from Grays Inn in Central London just off Holborn where a lot of legal firms are based. One needs to complete a law degree before they qualify as a barrister.
So, did the late Mainza Chona become a barrister without having a law degree?
Check your facts more diligently though you are well on the way there.
1 Red Card-Free at Last,
” I agree with the issues raised. My only reservation is when you say we must not be a christian nation. Yes we need an elected vep. ”
On Zambia as ‘A Christian Nation’. I would say it is to the Constitution to guarantee freedom of religion. I don’t see how including the phrase “Zambia is a Christian Nation” makes Zambia more of a Christian nation.
Especially as the Constitution also endorses the death penalty (I don’t know how pro-death penalty Jesus would be), denies the rights to food and shelter (again, not what Jesus would do), and claims that the life starts at conception, implying that contraception could equate to the taking of a life, making mothers and doctors murderers, and at least in theory subject to the death penalty.
What is needed in the constitution to really improve the lives of people and increase service delivery, it would be helpful to decentralize the state from central government (Parliament, ministries) towards local councils. The NCC Draft Constitution does not, and leaves any decentralization of government to parliament.
Then, it does not trust the population of Zambia with real rights. Protection for journalists, freedom from discrimination, etc. have so many exceptions that it makes the articles in question almost irrelevant. This document and the NCC really do not trust Zambian citizens with clearly spelled out rights.
Then, there is no guaranteed independence of the state (civil service and parastatals) or judiciary (judges) from the legislature (MPs and parliament).
Whenever this document says “will be subject to an act of parliament”, they are affirming the primacy of the legislature, and undermine the independence of other branches of government.
What is needed is for the Constitution to spell out the rights and obligations of all the branches of government and the state, and create a clear separation in hiring and firing beween the branches of government.
1. The clauses that have “Christian Nation” and “promoting Christian values” should stay simply because its what the majority of Zambians want. Period.. We need to make sure Islam does not bring their confusion here like they are doing in Nigeria. Last thing we want is religious confusion. So, as long as Zambia remains very religious, its safer this way.
2. Degree requirement for presidential candidate does not make any sense. Academic qualification does not in any way reflect on the leadership skills of an individual. NCC should revert to Willa Mung’omba draft constitution recommendation on this one.
#31 What “majority” are you talking about. Show me one Zambian that lives his or her live based on Christian principles and I will show you a country full of soot-hearted duplicitous people. PERIOD!
The point is the statement is divisive.
Villages are ruled by illiterates. Maybe its high time we got one Group Headman from Sesheke to run this country.
@32 – Its not been divisive all these years why should it be now? Are you planning on joining the Jihadis? Saying the government shall support Christian values does not imply that every citizen shall be required to live by the biblical norms to the letter. Nor does it mean that everyone in Zambia fulfills all of the requirements. Only a naive person thinks that.
For me, its a guard against the Islamic movement. Now, those are a divisive, violent group that needs to be watched carefully. Everywhere they build mosques, religious violence soon follows.
Actually in the UK the requirement to attain a degree is not necessary to become a barrister at law. Being accepted as a pupil and later being called to the bar was a actually akin to apprenticeship as you were tutored by senior lawyers. Gray’s Inn has never issued any degrees. Please check your facts soothsayer.
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