Friday, September 6, 2024

NCC tosses out degree clause

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NCC Delegates Deliberating

The National Constitutional Conference (NCC) yesterday resolved to drop the requirement of a first degree or its equivalent from the qualifications for a presidential candidate and agreed to revert to the status quo as provided in the current Constitution.

Considering submissions from the public on the Draft Constitution, the NCC plenary yesterday resolved unanimously to remove article 108 (e) from the Draft Constitution.

According to article 108 (e) in the Draft Constitution a person shall be qualified to be a candidate for selection as president if that person has obtained, as a minimum academic qualification, a first degree or its equivalent from a recognised university or institution.

However, debating the 182 submissions from the public that rejected the clause, one of the NCC commissioners and Vice-President George Kunda said this was a bad clause.

“Mr chairperson it is a bad clause and it should be removed. It has been well articulated by the petitioners who have opposed the clause and the current status quo should be retained,” he said.

Another commissioner Divo Katete said the education system in Zambia was such that many people end up at diploma level.
He supported the removal of the clause.
Njekwa Anamela said most Zambians were opposed to the inclusion of the degree clause in the new constitution.
“During the recess I listened to many voices and they are against this clause,” he said.

Chieftainess Nkomeshya Mukamambo II also supported the removal of the clause.

Another commissioner Bishop Chileshe said the clause has the potential to divide the country.

On Article 110 for the election of the president which provided that the returning officer shall declare the presidential candidate who receives not less than 50 per cent plus one of the valid votes cast, the conference resolved that the people through the referendum would decide.

The conference adopted article 130 that Cabinet ministers would be appointed from amongst members of the National Assembly.

The conference also agreed to reduce the number of constituencies from the 290 that were approved in Draft Constitution.

Contributing to the debate on the reduction of the number of constituencies commissioner Mkondo Lungu said the reduction should be in accordance with the delimitation process.
[ Times of Zambia ]

50 COMMENTS

  1. Well this is a step up to all those that made submissions.

    However PF should not take credit on this. They refused to take part in the NCC process and even tore the draft constitution at a rally instead of making submissions. Shame PF, SHAME!!!

  2. does this settle the issue of the PACT leadership? There must be some consternation on the part of the “educated” UPND MPs who supported the clause. Sata doesnt need to produce his degree from Regent College and this is excellent for our democracy. We can not be seen to be bringing discriminatory clauses at the last minute. But if you ask me i support(ed) the clause.

  3. Iwe Capitalist: NO! Shame on you! We have brought you to your knees- our next step is to bring to you 50% plus 1 and we shall push you from outside and if we don’t- we shall change the law after 2011 when we are in power! We shall also allow the Diaspora to vote as in other countries (RSA, Botswana, Mozambique) even the poorest country in the world- Bukina Faso has voters outside the country voting! The Burkinabe’s even hosted the African Cup of Nations (a feat which we have obviously and miserably failed to undertake!).
    Even the stadiums take over 10 years (Dag Hammarskjöld and renovating takes even longer 4 year (re: Independence Stadium)! This government operates in the same principals as FAZ- ukulya konse kubili (eating from both sides)!

  4. ba Capitalist lishulu.Awe nomba nashininkishaAnyway keep on dreaming and ukusabaila.Your employers have almost a year in office

  5. why have they not listened to the people on the cabinet issue, 50%+1 and human rights issue? How about clipping the President’s powers?

  6. Mr. Capitalist – 3 E’s steering economic growth says, your posting (1) where you are saying “However PF should not take credit on this…… Shame PF, SHAME!!!” has made me read the article 6 times over, I can not see anywhere where PF has tried to take credit, please help me see where they have. I have also read the one in the post and other news websites.

  7. A group of chameleons. These chameleons its like ukwalola umwela eko balola. When R.B supported the clause, all joined saying it was good. Now R.B has changed mind & everyone esp george its now bad? Since when?

  8. The prevarications on clauses that had erstwhile been passionately supported and are now subject. Of scorn from the same individuals exposes the unprofessional pith of these participants and. Undermines the credibility of these proposals for long term validity.

  9. Well one contentious issue out but still some to go. The issues we should be talking about now are:
    1. The 50+1 presidential election clause
    2. Dual citizenship
    3. Presidential Running mate
    4. Curtailling the execessive presidential powers especially as regards constitutional appointments
    Once we get the constitution right, development for this country will be easy to attain. So to the NCC delegates, Let me appeal to you. Put the country first. Think about the future and not your stomach now.

  10. Now i can safely say, i do not have any degree as previously claimed,infact i have no intention to acquire any. That would be a distraction on my part as i would have to start from getting my GCEs right. Viva ubututu

  11. #2 if you ask me too hehehe, I supported the clause. Especially if it could clear off ndate yoo, libizo lahaye ki Sata, MC= Master of Ceremony (Funerals), the 90 days development miracle specialist.

  12. #4 MB, degree or no degree, 50%+1 or first past the post, you will never be in power simply because Zambia can never sink so low. Stop wasting everybody’s precious time please.

  13. @14MBINGU, dude, you are loosing your head already. MB@4 just stated what is obtaining on the minds of peace,development-seeking, corruption free zambians. For bloggers like you who just flip down blogs looking for a seemingly pro PACT blogger do not warrant your thinking to be posted here. We are damn tired of retrogressive, parasitic individuals like you-who are not interested in change. Where do you find development without change of some sort? Am glad RB has invloved his Chinese friends to look at the energy sector-Tho there will be nichekeloko even there. But we dont care at least they will easy the burden of poor taxpayers.Billy Graham said & I quote “the worst place in hell is reserved for those who remain neutral on important issues in society” . Please help save poor pipo out…

  14. #11 Kwazulu-Wezi-B, and another one to add is the time duration as to when a President can be sworn in, to ensure that if there are any disputes on the results they first should be proved before swearing in the person to the Presidency…whether in a recount and other ways before courts etc.

  15. Finally they have considered sense..these guys must be dull there was no need toeaste all this time on clear issues..HEAR THE PEOPLE’S VOICE AND THAT IS WHAT WE CALL LEADERSHIP

  16. SPEAKING TIME, ” WE STRONGLY NOW NEED 50 + 1 CLAUSE..WE NEED A LEADER VOTED IN BY MAJORITY AND NOT MINORITY ”

    How about instant runoff voting? You check your favorite candidate, then your next favorite candidate, then your third choice.

    If one candidate does not have 50% +1% of the vote, your vote immediately counts for the second most popular candidate.

    Therefore, you can have 50% +1, without a need to hold a second election in case no one gets 50% as a first choice.

  17. On “The National Constitutional Conference (NCC) yesterday resolved to drop the requirement of a first degree or its equivalent from the qualifications for a presidential candidate and agreed to revert to the status quo as provided in the current [1996, and not Mung’omba Review Commission Draft,] Constitution” well done NCC for finally forcing those who do not have Grade 12 Certificates or its equivalent 5 or 6 O-level passes to now seek to obtain them before thinking of standing for Zambian President.

    Therefore, “Now i can safely say, i do not have any degree as previously claimed,infact i have no intention to acquire any. That would be a distraction on my part as i would have to start from getting my GCEs right” by 12 Sata is wishful thinking…

  18. Zambian politics are still in the dark ages. Where do they come up with these things?

    For Zambia to get anywhere, the tribes should at least unite, then look after fellow Zambians. Zambians are the most selfish people I have ever met. There is even a saying ati WAKO NI WAKO. If you know no one, you are on your own – CORRUPT mentality.
    Other nations look after their own, but in Zambia, it is everyone for himself/herself. And then there is that evil eye, ati if that person makes it they will see….!!!!!!

  19. Nothing will come out of this… what degrees when the fail to even run courses at UNZA. There are no proper degrees offered in the whole country, people are leaving Zambia to get an education – ministers and those with stolen cash are sending families to study abroad shunning their own education system.
    DEGREE what degree? proper degrees were given in the colonial days – you kicked them out and you got what you wanted

  20. 21 cont’d.

    Status quo means that the 1996 Constitution of Zambia’s president election clauses given below will be maintained:

    34. (3) A person shall be qualified to be a candidate for election as President if

    (b) both his parents are Zambians by birth or descent;

    (d) he is a member of, or is sponsored by, a political party;
    (e) he is qualified to be elected as a member of the National Assembly; and

    The NCC Draft Constitution on ELECTION TO NATIONAL ASSEMBLYprovides:
    144.(1)(d) has obtained, as a minimum academic qualification, a grade twelve school certificate of education or its equivalent; and so ignore G12 Certificate at own peril.

    So the Mr PF/SATA MC sympathisers joy now may be short-lived.

    Be blest…

  21. Ministry of health was once led by highly qualified doctors, with degrees, but all failed badly. Just take a look at UTH and the whole health sector. One doesn’t need a degree to rule or lead a nation, even a farmer can rule zambia.
    America had a peanut grower farmer for president and he did a great job, a degree does not put food on the table, a degree does not rid a nation of diseases and poverty coz it is only a piece of paper. Our ministry of health at one time was headed by Professors and doctors with medical degrees – we all know what happened, UTH is still the rotten gut of the nation. None of those people even opted to build more teaching hospitals, NONE. A country with so many scholars but fail to deliver excellency…! selfishness, shame shame shame

  22. NCC is just a joke……. not serious at all.
    They should take a good look at countries like Rwanda and Ethiopia. These are war torn countries but they are doing far much better than Zambia

    NCC should not put to much red tape on candidates, let anyone stand for free and fair elections. How people raise money or sponships should be left the citizens of Zambia.

  23. But why is Sata attending literally all funerals even of people he did not know in life? I still recall how wierd it was that he would literally be following Levy’s corpse around the country pretending to be the chief moaner when in actual fact he was the man’s sworn enemy who might have triggered his heart attack. For Banda as president, ni “kamwendo minjila”, with Sata, it will be “chief moaner and Chief kalukobo toucher” if he becomes president.

  24. Big mistake.So you can’t have an uneducated person running ZNCB or zamtel but you want an uneducated person in charge of the country? The presidency is much bigger and more important for “zambia corp” to turn a profit.You need someone who understands the need for low inflation,the need for “zambiacorp” to meet growth targets and the need for independent judiciary.The clause also weeds out alot of jokers.

  25. Seriously zambia needs a constitution whereby ministers are not MPs.That way ministers devout all their energies to service delivery with no worry of political career half the time.This also allows for true separation of powers.The system now allows an mp in both to have conflicts of interest.A parliament with ministers will not be really independent to question awarding of tenders,wasteful spending or overiding bad presidential decisions.

  26. If the majority of Zambians celebrate the removal of the degree clause, it just shows how short sighted and the way Zambians appreciate education. The mincerian principle does not apply here. The removal of the clause has serious ramifications. It is sending a wrong message to the young generation to an extent such that even a vagabond can rule Zambia so long he has popularity. The little children and every one in the nation look forward to him as a role model. It does not inspire the nation to have a leader who has such credentials as former pick pocket, bus conductor, car thief, Kaponya gangster, jailbird, prostitute and Grade 12 failure. The degree clause somewhow made it unconstitutional fo a coup leader to lead the nation. The constitutional review was just a waste of resources cos th

  27. Continued from #32

    they did not stand on what they believed in. Its really dissappointing.I They have failed many Zambians. As a degree holder, I would not be proud to be led by the President without higher qualification. The world is dynamic and birds of the same feathers flock together and those in leadership with degrees mingles very well with others witha degree. Before a president goes anywhere the other head of state goes through the CV of another president and they will simply not meet you because of the level. What a step backward!! Iwe Chunga you missed all!

  28. Who said the NCC was serious? No guys, these people have no brains of theirs but RB’s brain. What ever RB supported they also supported it. This time now, after RB praised the Brazilian president as being so wise though without a degre, RB was caught in a cobweb of folly on education. So , since then, RB changed his stance and so have the NCC commissioners. Heey, shame on them ..shame shame.

  29. This issue should not even have been debated! How can an absurd idea such as that take root? This show that this whole NCC exercise is a waste of time and money if such matters can be considered. I wonder if many of the members of the NCC understand what a constitution is. If I may educate them, the constitution is supposed to protect citizens from abuse by government. In other words limit the powers of government over its citizens.
    In our case citizens are being robbed of their rights in broad day light with all sorts of tactics e.g christian nation. What a bunch of losers!

  30. Zambian people are able to decide who to elect as president the constitution should be designed to to stand the test of time and not some unimportant laws which are best addressed at a lower level.eg dual citizenship,education qualification of the presidential candidate.

  31. According to the PF vuvuzela, the POST Newspaper, NCC Chairperson Chifumu Banda (MP, I believe) in the article entitled “NCC articles set for submission to Parliament” it was reported that there is now the “removal of the requirement that a presidential candidate should possess a minimum academic qualification of a first degree or its equivalent and the removal of the requirement in the mung’omba draft constitution that a presidential candidate should possess a minimum academic qualification of a Grade 12 school certificate [or its equivalent]” from the NCC Final Draft Constitution to be passed on to the Minister of Justice on 31st August 2010.

    However, this is confusing following my earlier posting on what status quo means. I hope this issue is cleared…

  32. Anyway, it was going to be much better to include just an advanced certificate or Diploma for presidential qualifications looking at how things have changed to match with the moving world please. We have so many colleges in Zambia offering certificates and diplomas, why are we putting our presidential qualities so low. So it means even if am a grade 12 failure I can qualify for presidential candidature. The degree clause was discreminatory yes, but we need to put something favourable to many considering that education nowadays has no age limit. Grade 12 is too low, even my comrade MC Sata can do some evening classes and get an advanced certificate within 6 months if he considers it to be necessary. I know we need to widen the net but this is too low for our great nation zambia bane.

  33. If grade 12 should apply to presidential candidate, then it has also to be suitable for all parastatal directors, managers, ministers etc, so that I can employ my cousin with a grade 12 certificate(passes in English and Bemba only) to take up a managerial position.

  34. Tumbwe, please realise that for an illiterate person to raise and lead a group and be adopted as their candidate shows leadership. That is all one needs to be a leader, a few names come to mind of men who rose to the top without degrees.
    1 Henry Ford
    2. John Major
    3. Bill Gates
    4. Richard Branson
    5. Andrew Jackon – US president(illiterate beating a Lawyer Henry Clay in three consective elections.
    To name but a few….

  35. I have been a keen blogger for some time now. The so called Maestro Hhehehe……… does not sound educated to me. He sounds like a very primitive person from Shang’ombo or Kaputa. I think he must have grown in a typical village ste up. Though he he claims to be in possession of a masters or phd cert.Anyway, this is my own analysis and i am sure they could be others with the similar sentiments.3:-o3:-o3:-o3:-o

  36. now we have to devise new ways of dealing with the PF riff-ruffs and stop them from rulling the country. SINCE THEY ARE SO POPULAR THERE IS NO STOPPING THEM.

  37. #43, you are still behind my dear hence your justification. What you are saying was applicable a long time ago when only a quarter of the world’s population had attained a certain standard of education. Life nowadays needs a bit of education for you to articulate certain things. Jacob Zuma has atleast some tertiary education though he never sat behind the dest for guided learning. A certificate or Diploma is not demanding too much unless we want to suit a particular candidate.

  38. A president applies for a job to the people not a company! It is laughable to see how the so called educated at the NCC are falling all over themselves. These people are like tennis ball…..we don’t know which way they will bounce next!! Only shows that education is not synonymous with brains. Continue the circus NCC, but one day you will pay for it with you credibility.

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