By Henry Kyambalesa
I am shocked by the National Constitutional Conference’s decision to retain Articles and Clauses in the 1996 Republican constitution which require the president to make appointments to ministerial positions from elected or nominated members of parliament. Such Articles and Clauses are outdated, backward and outrageous for a burgeoning democratic system like ours.
The appointment of the Vice President, Provincial Ministers and Deputy Ministers should be from Zambians who are qualified to be elected as members of parliament (MPs), but who are not MPs for the following reasons:
(a) It can afford a Republican president or President-elect a larger pool of competent people from which he or she can appoint ministers;
(b) It can provide for greater separation of powers between the legislative and executive branches of the government;
(c) It can afford presidential aspirants enough time to identify potential ministerial appointees well before tripartite elections rather than waiting for parliamentary elections to be concluded;
(d) It can lead to distribution of income to more citizens and thereby reduce existing income disparities; and
(e) It can reduce the apparent work overload on government officials who have to handle both ministerial and parliamentary functions. (Instead of increasing the number of constituencies because some constituencies are assumed to be too large to be handled by a single MP, would it not be wise for MPs to tend exclusively to their legislative functions?)
Apart from failure to discern the benefits of such a change and the apparent resistance to change, the opposition to the proposal concerning the appointment of ministers from the general public at large seems to be aimed at according greater control of the legislative arm of the government by the Republican president through ministers, and protecting the president from impeachment.
McDonald Chipenzi, for example, has quoted Ms. Mutale Nalumango as having said that the government rejected the recommendation to appoint ministers from outside parliament, saying doing so would put the president in a precarious position because he or she would have no control over parliament and, in the case of an impeachment motion, he or she would be vulnerable. (McDonald Chipenzi, “Government Rejects Recommendation by ERTC to Reduce Voting Age,” The Post Online, February 26, 2005.)
And the argument by Gabriel Namulambe that “it would be difficult for ministers who are appointed outside parliament to execute their duties as they would not understand issues affecting people at the grassroots tells us volumes about the emptiness of some of the government officials who are appointed to serve the people. This is clearly an insult to so many competent and hardworking Zambians who actually understand the problems facing the citizenry and are diligently serving their fellow citizens every day in various positions, but are not MPs.
One does not really need to be an MP in order to understand the socio-economic problems facing the common people. It is, therefore, foolish for anyone to belittle the intellect and competence of Zambians who are not MPs to effectively serve their fellow citizens in ministerial positions.
There is actually the possibility that the ruling political party would want to use the Articles and Clauses relating to the appointment of government ministers as a campaign tool in 2011 by telling voters that they should not vote for presidential candidates from political parties which do not have a majority in parliament, because such candidates will have problems in finding competent individuals among their few MPs to form government.
We should, therefore, not be surprised if the MMD adds this issue to its current arsenal of rehearsed campaign tools, including the following: that we should not experiment with leadership; that the president needs more time to complete his projects and programs beyond 2011; that voters should not vote for presidential candidates from political parties which do not have a majority in parliament because they will not be able to pass new laws; that voters should vote for parliamentary candidates fielded by the ruling party because such candidates will have ready access to funding; that voters should not expect development to take place in their areas if they vote for candidates from opposition political parties; and that one can never become president unless he or she is meant to be.
I have a few caveats for voters who are likely to be hoodwinked by such meaningless campaign tools: many of the current crop of government leaders are deadwood and, therefore, do not hold the key to Zambia’s future; any new Republican president would be obliged to adopt and implement projects and programs initiated by previous administrations which are designed to benefit communities nationwide; any new Republican president would be able to run the country with existing laws; Zambia needs leaders who recognize citizens’ right to vote for candidates of their choice without being threatened that their communities will be excluded from the development process if they do not vote for candidates fielded by the ruling political party; and an individual can become president if he or she is meant to be only through coronation, not through genuine elections!
Henry Kyambalesa,
Your personal opinion cannot be our national policy.Work hard with your 10 years old internet party, win tripartite elections and form a constitutional Government. We are in a democracy.
it would also reduce the unnecessary party switches of members of parliament (when they are promised ministerial positions) which subsequantly cause the expensive by-elections.Ms Nalumango should know that the president is not suppossed to have control over parliament period!!! where is the seperation of powers? This clause would be key to taming the excessive presidential powers and to the instituion of a trully independent legislature.
observer, come on! Are you serious?
On Chilubas case lawyers please read and advise.
“ judgment in Reefcor Limited v. Les Generals Des Carriers Et Des Mines Exploitation Gecamines (High Court for Zambia, Kitwe District, (11 June 2007) (2002/11K/52G) where he allowed for direct registration of a judgment rendered by the High Court of South Africa despite the respondent arguing that South Africa is not one of the Britannic Majesty’s dominions, neither is it a British protectorate nor a mandated territory and that it does not have a reciprocal agreement with Zambia and did not fall under the Foreign Judgment (Reciprocal Enforcement) Act Chapter 76 of the Laws of Zambia,”
It’s now very clear that RB owes chiluba something VERY BIG. It is very likely that chiluba connived with RB when he was VP and came up with a plan to assassinate Mwanawasa. This would allow RB take over the presidency and in turn set chiluba free as pay back. Chiluba knew very well that with Mwnawasa at the helm, he would surely go to jail. The biggest mistake Levy made was to appoint this shameless corrupt opportunist, RB, as VP. That was indeed a costly blunder that cost him his life. RB in tandem with George orchestrated the meanest move against their appointing authority, Levy, and sold him off at the alter of expediency. RB, George and Chiluba truly have blood on their hands!!
Well You have a point. Zambia’s best brains are not in Parliament. Can you imagine if PF wins next year, we shall have people in cabinet like Willie Sanda, Jean Mumbi, Given Lubinda, GBM , Kambwili and that convict Mushili. PF would do with your proposal for sure
Henry Kyambalesa,
As usual shooting from your gravy train made of biscuit wheels. When are you getting off it to meet us in the field with your Internet Party. Zambia is a constitution democracy and what u need to know is that it is rule by the wishes of the majority. Who are u to impose your ideas as a family party or internet party on the majority of Zambians. Get the mandate first and then we can talk.
Ba Bootlicker, just keep licking booty uko mwaba! Twanaka naimwe! I agree with #5!
The British, the French, the Germans, the Swedes, the South Sfricans etc.. appoint Ministers from within Parliament and they still remain democracies. The appointment of Ministers from outside Parliament is simply a preference over which people are not supposed to insult each other.
#5 Zambia, You are a shameles coward. Can you make such a preposterous accusation and then convince yourself that it is true and on that basis start to insult RB. We all know that some people are illigical, but is difficult to accept that hatred of some one can make a person as insane as you have become.
An example of a good constitution is that of Kenya which most of the clauses will be effective this Friday. Total separation of power. the used the referendum and have the people voice.
#5, Zambia, Please let us keep our arguments within acceptable boundaries even when hiding behind the anonymity of the internet. May I remind you that Pres. Mwanawasa had the first stroke long before RB became Vice-President. Pres Mwanawasa died from a second stroke. Can any one in their right minds accuse RB or even Chiluba of killing him. Fred Mmembe may fan the flames of hatred against Chiluba and Rupiah but I do not think even he would entertain your accusation.
The issue at hand is the Conduct of the NCC, which to me is an expecting way too much. To be honest you will be shooting in the dark and expecting too much anticipating NCC to come up with anything sensible.
@Nkole wa Mapembwe, Britain has over 600 MPs such that even when about 70 MPs are appointed as senior ministers and junior ministers, there are still sufficient numbers of MPs on the backbenches who disagree even with their PM. There is also the opposition which have front benches as well who disagree with the government and the opposition back benchers who disagree with their leader. Ifwe kumwesu, disagree at your own peril. You jackets are torn, your businesses collapse. In short, tikali muconde munkhani za ndale ndi citukuko.
Ba Henry Kyambalesa – Zambia is a parliamentary democracy so ministers come from there.
No. 6 – no one has stopped the so-called “best brains” outside parliament from entering parliament and becoming ministers.
I am a data miner by profession. If you want a list of people with no brains-look no further than people on this blog namely: # 1, 6, 7 and 10. I will update once more in this category upload their comments.
Even Kenya has done away with such old clauses. Why are Zambians still so dull even as comapred to Kenyans. If we have people like this Chief Bootliker, what do you expect?
#6, i agree with you, but PF will find an ingenious way of appointing those kaponyas. Sata will simply not adopt them for parliamentary elections so that he can appoint them as Cabinet Ministers.
“Such Articles and Clauses are outdated, backward and outrageous for a burgeoning democratic system like ours.”
Kyambalesa, please reason. That is just your opinion, one of a million and just one system of governance. I can tell you that the system is still practiced in UK. Now which of the two is more backward in democracy, UK or Zambia? Kuti na ba sambilila balanda fye ama rub.b.shi, mwebantu!
Henry Kayambalesa has given 5 good reasons why ministers should be appointed from the general public; can someone among the bloggers give their reasons in opposing him? That is how a debate goes …, not just yapping, or is it barking!
I believe Kyambalesa’s idea in this article stems from the recommendation made in the Mung’omba Draft Constitution, which was based on people’s submissions from all corners of Zambia. I may be wrong and I stand to be corrected. I, therefore, do not think Kyambalesa is the only Zambian who holds such an “opinion”.
Judge Hamaundu rejects the registration of the UK court ruling against the thief, Chiluba, and the ‘shallow minded’ applauds him for rejecting “colonialism”. The same ‘shallow minded’ on this blog are busy rubbishing the author of this article and putting up the UK constitutional system as a shinning example of how separation of powers aught to work—how ironic!
If some of you think that the British court rulings are not good enough for our ‘so advanced’ and ‘progressive’ Zambia, why in God’s name do we insist on copying the governmental system (legislative, judicial, and executive) of Britain?! I would think what Kyambalesa is suggesting would free you nincompoops from all the vestiges of “colonialism”—right?!
OR DO WE JUST LOVE TO BRING UP BRITAIN WHEN IT SUITS…
So president will appoint 30 ministers who automatically become MPs, what a stuupid idea. The presido will be very powerful and can even appoint all his 30 chaps from his tribe or family, no geeee…..
Excellent observation. This is easy for anyone with a shred of intelligence and integrity to see. We afford the President too much power and thus we have leaders that rather than serve us can get away with serving their own interests. With this one article, observer has done more for Zambia than literally 80% of our ministers. They are overpaid, unmotivated and most of the time unqualified for the positions they hold. For example, Dora Siliya has done less for the advancement of education in Zambia than every underpaid Zambian teacher I know, yet for as long as she serves to protect RB’s interests she will continue to paid millions of Kwacha. So while RB and Siliya advance their pockets, Zambia remains impoverished and the masses illiterate. It is disgusting!
ABENA CB 24. Thats why we need brains and not bootlickers like the once opposing Henry..
Do you all know that Dora Siliyas Son Kwenje Paul Siliya has never been to a publick school,and now he is doing a degree at Cambridge.Where are your sons guyz and do you think they will make it even to UNZA. If you want facts check for him on facebook you will Find him, Mastupid blind followers
# 5, those are the views I have propagated on this net for a very long time. All the defence chiefs ZNS, Zambia Army, Airforce are either in jail or Jail birds but out on bail, In Convicts because they were corrupt like Chiluba. Katele, Zanaco MD Musonda, Richard Sakala, Francis Kaunda all tandem of thieves like Chiluba have suffered same consequence. Now Chiluba’s boys knew with Levy out of the way, chances the corrupt bosses were to be freed by RB. It has come to pass. RB has shown gratitude to these thieves. Rememeber even KK said Chiluba elliminated his son Wezi.
That is good thought for the day. HK has forgotten one thing that the President appoints pipo from outside parliament as nominated what else is this man talking about. There is nothing like hardworking, some of our friends have invested so much in politics such that they dream politics day in day out while others have done so businesses and professions. There is specialization as a key issue. By the way who is this chap called Kyambalesa Henry?
15 Multi Millionaire- Remember that Zambia has copied from the two systems ie USA and UK. Just take time to look at the similarities and disimilarities of our Government compared to USA and UK and you will see that HK has valid reasons.
I have said it here a few times that as a people (zambians) we do not have inner capacity to change and advance ourselves.
I am for the appoinment of MP’s from outside Parliament, but as someone asked me once. Where do they get the mandate. If the current Ministers are seem detached from the people then what about when all Ministers are not from parliamnet.
Its hard one and not as obvious as Henry wants to make it. it would eman that whoever wins the presidency will have total liberty to bring in thebest brains bit also the best fools, crooks
No. 29 – Deja Vu – I see your point.
My question would be: would the cabinet appointed from outside parliament be allowed to sit in parliament, as nominated members? And would this also apply to deputy ministers? If so, that would mean increasing the number of nominated members from the current 8 to a fixed number determined by the composition of ministers.
Deja Vu – you have raised a very entertaining thought,I now see possible.
# 27 stop halucinating. Chiluba has not been found guilty by any court in ZAmbia after more that seven yeares of Levy pursueing the case. And Chiluba did not kill Wezi Kaunda. KK thinks that the way he was killing people is the way others killed his son. KK kiiled more people than any leader of this Country and he destroyed this Country bringing it to its knees with all the money that was left even in the reserves by colonialists, because of his poor policies. This Coountry would not be wallowing in this poverty had it not been for KK. And he should’t play the innocence here coz we know. membe is rewriting the History of this Country, declaring people innocent or guilty as he pleases. But Membe is not the judge, membe will also be judged
# 32Multi Millionaire- You are over seas, please find out how the American Secretaries of State, Commerce etc operate. They are not elected so do they sit in cabinate(Senate or Congress). Hoping to hear from you soon.
# 33Malume- Are you sure he is not guilty? 1) Case was dismissed because the charge was wrongly phrased- The state could have appealed but because there was something done dehind doors, Chiluba is free.
2) Last Case, the Zambian Judge simply refused to register the case- he did say Chiluba was not guilty. If I was Chiluba I would be worried because UMULANDU TAUBOLA. There is no guaranty that MMD will be in power forever or RB will forever be President.It is better to keep quiet and avoid attracting attention.
What is the role of a minister anyway? As far as we know cabinet only comprises 25 people, so this talk about MPs not having enough time to visit their vast constituencies is neither here nor there. What is more parliament has now established its presence in all constituencies through constituency offices manned by full time staff. They don’t have to be physically present in their constituencies. The MPs just coordinate developmental projects initiated by the central government, and they don’t bring any development at all. Appointments will still be made the president, what would prevent him from appointing stooges to be rubber stamped by parliament? There is the also the cost aspect to consider and indeed allegiance. I would go for the status core unlike what the professor is saying.
#31. Ministers appointed from outside Parliament should sit in Parliament. They should be working in their offices fulltime. This will enable them manage their ministries effectively at least 8 hours a day throughout the year.
They will however have to appear before parliament to answer/explain what they will be doing in their ministries and also explain the failures if any and any successes.
They should however be ratified by parliament before they take up their posts to lessen the incidences of appointing unqualified people as ministers.
Just my thinking
#37. The sentence should read “Ministers appointed from outside Parliament should not sit inParliament”