For many years, the nation has been concerned about enacting a constitution that will stand the test of time. Different political players and interest groups have made attempts to amend the Constitution in order to give the people of Zambia a constitution that will stand the test of time and one which is people-driven. To date, none of that has been achieved and yet colossal sums of money have been spent over the years, and precious time and effort have been wasted going in circles.
To many people who participated in this exercise of crafting a viable constitution, they got money for delivering nothing which in my view is unethical and a slap on the face of the people of Zambia. That is not the subject of this article. We need to be serious and work as pragmatists who can find a solution to a common national problem.
Zambians, are you telling me that we are incapable of solving problems? Take politics out of this and look at Zambia as the only home you and your children have been given by God. We want a Zambia where our children and future generations shall live happy and progressive lives. Zambia is too important a country and it is precious to us all. Let us rise up to the challenge and treat the constitution-making process as an issue of prime national importance.
The question is: Why have different administrations failed to enact an appropriate constitution to inspire national development? Why can’t we have a constitution where all stakeholders feel valued and respected? What about a constitution that guarantees rights and freedoms for all? Why have we failed?
My honest opinion as an outsider who has been in the diaspora for some time would be that it is due to what I would term, ‘Short Term Greed Syndrome (STGS)’. The proposed Constitution as it stands now, favors those in power and none of the presidents had been willing to lose that powerful advantage while he holds office.
A Pragmatic proposal
That said, we have a chance now I believe to find a pragmatic solution that may avoid an individual president’s view on this matter as the president has given his view point already. By looking at the Constitution as an instrument of governance for all – whether in power, in opposition, or as an ordinary citizen, we should be able to objectively and sincerely debate and enact a constitution that will stand the test of time. I would like to throw the ball back to the relevant stakeholders, namely political parties, civil society organizations, the clergy and indeed any knowledgeable citizen.
What is it that we all need in our constitution? Let us study the current draft as interest groups and give our opinions on each clause, citing reasons why we think that clause is important and if we oppose it, cite the reasons why we oppose it. We then need to collect those summaries from all stakeholders within a week I suppose, and collate for cross-matching purposes. Where there are no major differences, those clauses should be matters for no further debate. Where there are major differences, ethically study the reasons cited and tabulate for the relevant authorities to shortlist items for a national constitutional conference. I believe, this exercise will result in not more than ten items for further debate.
But the number matters less at this point. It will be identifying what needs to be debated by all stakeholders at the national constitutional conference. In that way, we shall be discussing issues of national importance without any partisan gloves because the different interest groups would have spoken and the conference would debate and vote on the valid reasons. It is the decision of the majority on those reasons that would help us to adopt clauses that we feel are in the national interest.
I am aware that some people may oppose my proposal for partisan reasons but to be honest with you all, there is no other way given the nature of our society, a referendum would give people who know nothing to decide on what they don’t understand and waste a lot of money. A referendum would be manipulated politically, and mob psychology has not guaranteed us the best results for the country. Let us be sincere and reflect on this proposal. I am sure it will help us make progress on this exercise.
This constitution-making exercise has gone on for more than 15 years and we are nowhere yet. When it started, we invited experts from Commonwealth countries. We sent people out to see what prevailed in other countries. South Africa which got independence in 1994 has a very simple and plain English constitution and it works. Why are we beating about the bush and going round in circles?
We should remember that there is no perfect constitution in the world. That is why the British do not have a written constitution, and that is why the American Constitution written in 1787 is a work in progress (WIP). If we Zambians want a perfect constitution, I am afraid we shall never have one.
By Dr. Chiyaba Njovu
Totally agree with you. There is no need for a referendum given the levels of illiteracy in the country as well as the political culture. The common man doesn’t understand the draft Constitution, so for him to vote, it means we will have to have an exercise where the contents of the Constitution will have to be explained to all the people in all corners of Zambia. At that rate, we will never get a Constitution. An opportunity has arisen to enact the document, let us take advantage. All we have to do is ensure clauses are not changed to suit the PF’s wishes.
he raises good points but the problem is that for politicians, when they hear such comments, they use such comments to justify their wrong missions. although i dont support the PF, i know that the approach they have taken is the best IF they dont manipulate it they way they have started with MMD and UPND MPs. this is a catch 22 for Zambia. i also agree that the constitution doesnt mean alot to the majority of people who are not educated – even the educated who do not have a reading culture. in Zambia, even if one speaks the truth, just because we dont like them, we condemn but the same things done a erson we like, we ululate
The problem with every government we have had in the past, was o try and keep clauses that will perpetuate them being in office. Look at the lat Fredrick Chiluba who we thought he was the savior, together with SATA, all let us down by trying to manipulate to have a third term bid. Even the current one, while we though we are saving the cost by introducing some clauses, now we here they have manipulated by fusing in the clause where the president has power to fire and hire a vice president who is deemed to be elected by the majority Zambian. This clause was not any where in the draft Constitution, so what crap is this??????? May the Lord help us.
True! We need to rise against partsan politicts and examine the clauses intentely and compare with gaps in our current constitution in relation to our social, economical and political experience since our independence