Internationally acclaimed law scholar Muna Ndulo has stressed the need to have the ongoing constitution reforms backed by a legal frame work.
Prof Ndulo said having a legal framework to govern the constitution making process will protect the process from political interference.
He said past experiences in constitution making have shown that a process which is not legally backed is open to interference from politicians.
Prof Ndulo was speaking last evening in Lusaka during a public discussion organised by the Jesuit Centre for Theological Reflection (JCTR) on the constitution making process.
Prof Ndulo who is also dean of Law School at Cornell University in the United States of America also cautioned Zambians against leaving the duty of making a new constitution to politicians.
He said the civil society should take an active role in ensuring that the constitution speaks to the aspirations of the people.
Prof Ndulo said the constitution should act as an autobiography of the citizens which should represent their diverse interests.
He also cautioned Zambians to guard against importing values and principles that have worked elsewhere into the ongoing process.
Prof Ndulo said as much as there is need to ensure that the new constitution meets internationally accepted standards, the values of the local people should be respected.
He said countries such as the United States of America that are actively pushing the gay rights agenda do not have such rights enshrined in their constitution.
Meanwhile, the Zambia Association of Gynaecologists and Obstetricians (ZAGO) has proposed that Article 28 of the draft constitution which stipulates that life begins at conception be revisited.
ZAGO Secretary General Dr. Swebby Macha explained that the association is concerned that the article may have implications on access to reproductive health services.
Dr. Macha observed that there is still debate across many fields on the conception of life and advised that the Republican Constitution should avoid such controversies.
Dr. Macha said if adopted, Article 28 of the draft constitution would effectively outlaw the Termination of Pregnancy Act (TOP) of 1972.
He said ZAGO recommends that Article 28 of the draft constitution should simply state that every person has the right to life.
Dr. Macha said the article relating to life as provided for in the current constitution is adequate adding that such provisions should be maintained.
He however expressed happiness that the expanded Bill of Rights in the draft constitution has adequately covered the sexual and reproductive health rights.
Dr. Macha was speaking in an interview with Journalists in Lusaka on the sidelines of a one day consultative meeting on the draft constitution.
Most qualified Zambian to talk about the constitution!
Adopt Article 28 of the draft constitution and repeal the Termination of Pregnancy Act (TOP) of 1972. Life begins at conception and no one has a right to take another person`s life.
so the woman’s right to morning after pill should be swashed?Â
Great observations  Prof Ndulo..In fact: Propose strongly to restructure the powers of the president to less appointments of; ( police boss , judiciary boss, ACC,DEC PARLIAMENT BOSS,and independence of all constitutional offices ,police complaints authority inclusive, ). Also creation of” think tank” a”policy institute” .1) The leader (president) of the largest opposition in parliament shud automatically win a seat in parliament to lead the opposition on policies and offering alternative approaches. The 4political parties MUST be founded on IDREOLOGY ( THE LEFTIST, RIGHTIST , MIXED and the LIBERALS . .ct modifications to suit the country’s society dynamics ). This will be good for the Country in consolidating democracy and choice to the citizenry unlike the current illusion.Â
prof Ndulo…In fact: Propose strongly to restructure the powers of the president to no appointments of; (police boss, ACC, DEC ,Judiciary and other constitutional officers) . Also create a ” state think tank” and “policy institute of Zambia” to guide subsequent govts…
hhe leader (president) of the largest opposition in parliament shud automatically win a seat in parliament to lead the opposition on policies and offer alternative approaches.
Now, What’s happening to Judge Chipoka, still holidaying or back Malawi? How about the Judicial system reforms-did that end with changing judges only? What’s the outcome of the ZANACO inquiry, is it another wasted tax payers budget or It’s shelved in dusty cabinets? When is the Kwacha rebasing taking effect? SSo ar  firm!!
Shud read , President ,NO appointments of: (Police boss etc, if possible adopt competitive job fair on merit or elective)
#2. Everything you say is a mistake(tribal, UPND-tainted and inspired, etc), why is this so, bwana.
Good man Ndulo, twalebunwa na mudala uyu!! But he has ka good thinking capacity, I respect him.
Zambians will never get a good constitution. The constitution will always favor a few individuals. I wish people in that village called can learn from democratic countries like Scotland. Mushota please tell them. Why are you so quite my love. I am still waiting for your yes answer
All the way from Kaputa to some far away land just to attain this level of mental-incapacitation? Its not like we don’t have enough loonies roaming the streets of Lusaka! Please help us, Oh Lord, from this devastation on our land!
Even the bible says life begins at conception why is Dr Macha concerned with this
True!!!
In the court of public opinion, the life of a human begins at birth when the fetus is expelled from the womb. Looking at article 28 of the draft constitution of the republic of Zambia, it does not make any legal sense because the fact that the zygote goes through developmental stages in the womb will eventually be born as a live being. Strictly respecting the views of the court of public opinion, life begins when the fetus is born as a health live human being. Therefore based on the above argument revisit the above proposed article.
So very true bwana Ndulo we need to protect constitution making from special interests.Even after it passes the refurendum it needs to be protectect from mutilation by politicians.A statesman is a politician who places himself at the service of his nation & a plain politician places his nation at his service.What we have in zambia is the latter and they will ensure the constitution serves & protects their self serving interests.
If article 28 of the draft constitution is upheld, then even little children as young as 11 yrs,12yrs, or13yrs will be mothers at an alarming increase. Please any non-healthy practioner can see the results which will follow from such a short-sighted proposal designed to gear up support for the PF government. The govt.can not meet the unintended consquences such as treating diseases i.e. cervical cancer, breast cancer, related birth complications which can be experienced by extremely young mothers. The govt. does not have the money to treat the above healthy problems. All female beings in Zambia must be given a right to aborption. The govt. does have enough money to support unplanned pregnancies. UPND stand up and take this matter up. Support all Zambians
With the high rate of unemployment, implementation of fixed wage policy designed to deter potential investors(multinationals can easily shift their investments to safe regions free of such policies or violence) and the continued intimidation of the opposition i.e. the apparent harassment of comrade HH.
For pipo that doubt the usefulness of dual citizenship, this is one of the benefits. Prof Ndulo could as well forget about Zed but he is still committed to provide  advise free of charge. If he has to travel to Zambia, he has to get a visa Why should we subject him to that when we need his advise (consultancy). We could also use him as visiting lecturer at UNZA when he not busy and that would attract students paying cash from within the region. Universities abroad make names on a few permanent staff with alot of guest lectures of prof ndulo’s calibreÂ
These Tongas also, the bore me to the bone!
#11, you have said it right. “All female beings in Zambia must be given a right to abortion”.
Yes well observed this constitution need to be protected from selfish politicians especially the guy who leaves along independecnece road at plot 1 me I don’t trust him already he is against dual nationality and 50 plus one. He forgot yesterday he was singing about 50 plus one after he removed it Ba ka ChilubaÂ
IWE #7, WHAT CAN KA MUSHOTA COMMENT ABOUT THE CONSTITUTION REFORMS OF ZAMBIA. YOU CAN TELL FROM HER WRITINGS THAT HER THOUGHT PROCESS IS UNDER PAR. ABA SAMBILILA ABENA NDULO TABAYUMFWA. BUT LOOK AT ABAPIPA ABAKOTE (ka mushota)
Dear Editor:
I am appalled at the quality of the report on my remarks at a Jesuit Theological Forum. It is riddled with inaccuracies. At no time was I introduced as Dean of Cornell Law School. I am not. I am Professor of Law.
At no time did I warn Zambians against foreign influence. On the contrary, I urged them to look at experiences of other countries e.g. South Africa and Kenya and embrace expertise. I stated that the process needs to be inclusive and transparent.
At no time did I state that the US and other countries are urging Zambia to adopt gay rights. The reference to gay rights in the US was in reply to a question and I explained that gay rights in the US were achieved through judicial interpretation.
Muna Ndulo
LT, please apologise to Prof Ndulo. Where did you get this report from? It is not attributed to anyone. Can you tell us who filed what transpires to be a pack of lies. We deserve better.
We have heard you, LT will apology soon I’m  sure.In any case thanks Prof Ndulo, for coming to Zambia and share your experiences and knowledge.This is what Zambia needs from its sons and daughters (unlike others, only criticisms no positive actions). Your patriotism is registered in posterity of this Constitution making process. Hope you will join us all the way till its adopted.
Good luck!!
Very true Proffessor Ndulo,but one other thing is constitunalise the office of the first lady because she draws public tax payers money,and should reflect in the budget-why is it quite?
viva diaspora viva dual citizenship
useless professor of what importance are if you cannot help your country infact we dont need you.you can die and be buried in that same country of your rubbish professor my foot. sha