THE National Constitutional Conference (NCC) has rejected articles in the Mung’omba draft Constitution which would subject members of the National Assembly to a recall when they are not performing to the expectations of their electorate.
The conference voted unanimously to have Article 188 and Article 189 deleted as they could promote anarchy in the country.
In the Mung’omba draft Constitution, Article 188 stipulates that the National Assembly may censure a minister by resolution, supported by two-thirds of the votes of all the members of the National Assembly.
And Article 189 specifies that the electorate may recall members of the National Assembly who hold a constitution-based seat in a constituency.
Contributing to the debate, Commissioner Lucy Changwe said the articles, if included in the new Constitution, would be a recipe for power struggles.
Ms Changwe said the process can also have an effect on policy implementation as many programmes can be disrupted.
She said allowing 50 percent of the registered electorate to petition the removal of an MP who fails to perform can also be retrogressive to national development because it will be betraying the majority of the electorate who are not in favour of the petition.
“I am in full support of having these articles deleted completely without making any changes because they are a threat to development,” Ms Changwe said.
She said MPs have a parliamentary code of conduct which regulates them, and there is no need for them to be recalled by the electorate.
Commissioner Daniel Munkombwe said adopting the article will be dangerous for the country because people will start to look for faults just to get rid of certain individuals in Parliament.
Mr Munkombwe said the electoral system provides for MPs to work for five years and that the electorate are there to make choices regarding MPs during an election.
“If an MP does not work according to people’s expectation, the electorate will be free to speak through the ballot paper instead of petitioning their removal before the elections are held,” he said.
Commissioner Benson Chingombe commended the committee members for deciding to do away with the articles, saying they are a threat to democracy.
Mr Chingombe said if the articles were to be adopted, Zambia would be headed for disaster.
Earlier, Commissioner Richard Mwitwa argued that the articles should be included in the national Constitution because this would make MPs accountable to their electorate.
Mr Mwitwa said if Article 189 is reinstated, the electorate will be given power to offer checks and balances.
“As it is now, MPs can choose whether to work for the people or not. I am in support of this article as people will have the authority to remove MPs who don’t perform,” he said.
[Zambia Daily Mail]
You guys just hurry up with that consitution we are waiting for one part that will really help the Zambians mudiaspora. How long will it take????? sitting allowounce mwalya pafula
This is the true test of democracy.enact the law , we votes like the law so putit in the new constititon
This is the true test of democracy.enact the law , we votes like the law so put it in the new constititon
We should be allowed to have a recall power ala. Most of these MP’s forget their electorate once voted into power cause their is no accounatability demanded by we the people. If this clause is inserted, all the MP’s will work hard to beta their constituencies. Most of them are there for their pockets. They become our masters instead of us being their employers who can fire them when underperforming and continue to hire them when performing.
Yes we need to be allowed to recall but I guess it won’t happen.
I totally disagree with their decision
Of course what can one expect from te likes of Munkombwe. Some of these MPs are so useless and to be laden with such inert Mps for 5 years is just not fair.
This is ridiculous and that is why we are not tking party in this money shredding event. Are they telling us that they can come to us if they need a job and if they breach the contract under which we gave them a job, we can’t fire them? Even the president is impeachable and who do these MPs think they are. No wonder once elected they ignore their constituencies and ..just who endorsed such a daft idea. MPs should be hired and fired by the constituency, otherwise you might as well let the president hire MPs, at least he can fire them if they insult him. This is plain ridiculous and wrong ..NCC need to debate this again and let the public weigh in. This is self grandisation from the delegates. SHAME!!!!!!
Why are these chaps scared of a recall???they are scared to be accountable? which is more part of the reason why we cant see progress,if you are scared of that, why even step up for the job? you see these cats don’t deserve these jobs they are wrong caliber,they just sit,eat our money and don’t move things i think its high time they started being recalled by the electorate.Don’t give me that bush**t of,people will be looking for faults just to get people out of parliament,people should perform convincingly if you don’t get out because it is too costly to keep your ass lying around parliament.
Good afternoon
Yes, these articles and other similar ones in the constitution only provide the recipe for power struggle. The citizenship is yearning for a complete constitutional review process where they can actively take part and also have something to say. At the momment, the whole constitution is dominated by the ruling party and it’s presidents – which is a hindrance to true democracy.
If the people of Zambia during the Mungomba commission submited overwhemly to this clause..Why deleat it now???
What is this nonsense of calling NCC members commissioners? Comissioner this, commissioner that! Titles, titles, pa Zambia napena! Anyway, Chifumo Banda you were going to be the first one to be recalled as an MP. Mwapya bakapala.
how come the electoral commission was not called to conduct the votes? or was the commission only needed for the 50 – 1
recall the bastards if thet dint perform period. if at work you dont perform they chuck you out. why the exception
We have very dull people in the NCC. Surely, if over 50% of the electorate recall an MP, which majority will be disadvantaged? Does this woman undastand the meaning of majority?How is giving power to the electorate supposed to discourage democracy? This is the whole essence of democracy!
The mmd govt should be held criminally liable over this wastage of resources. On issues that touch on politicians, the ncc has consistently voted against the people’s wishes. Why are we even carrying out a review if everything wil remain the same?
The mmd govt should be held criminally liable over this wastage of resources. On issues that touch on politicians, the ncc has consistently voted against the people’s wishes. Why are we even carrying out a review if everything wil remain the same? And whats the obssession with anarchy? We have very paranoid idi.Ts in charge
we needed that law..why are u doing that..you are all sell outs and betrayers…history will judge u..
what anarchy are you talking about? Zambia definitely needs that law. the law (if passed) will ensure that freeloaders in the national assembly are be kept in check by the people they represent.
when mps go to parliament to represent their party or the person who appointed them cabinet ministers instead of the electorate, there should be some means of redress for the stake holder no. 1(electorate). recall. this law seeks to do just that. if the law, in its current form, does not take care of arnachists and political opportunists as argued by certain quarters, the NCC and other professionals are there to do that job and not give the mps the passport to anarchy. allow the law too pass.