Thursday, November 28, 2024

‘Constitutional conference to adopt new constitution’

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Government has assured Zambians that the proposed constitutional conference will perform similar functions as a constituent assembly, such as the adoption of the new constitution.

Minister of Justice George Kunda also said the drafting of the Constitutional Conference Bill had reached an advanced stage and that he would in the next few days subject it to consultations with stakeholders.

He was speaking at a press briefing in Lusaka yesterday.

Mr Kunda said the constitutional conference was in line with recommendations by the Mung’omba Constitution Review Commission on page 788 of its report, which stated that the body to be created to adopt the new constitution should have no legislative powers.

He also said the CRC report on page 799 further stated that; “An overwhelming number of petitioners submitted that the Constitution should be adopted by a Constituent Assembly, a Constitutional Conference or any popular body that would represent the views of the people”.

Mr Kunda said Government was confident that the Bill being prepared was in line with the resolution reached at the recent summit of presidents of political parties, as well as submissions made by petitioners to the Mung’omba CRC.

“People have been demanding for the Constitution to be adopted by a wider representation.

What Zambia Centre for Inter-party Dialogue (ZCID) has done is to come up with a neutral term.

“President Mwanawasa also suggested a national indaba and others like Oasis Forum also suggested a Constituent Assembly or a national conference.

This is why we are now providing legislation for this body, and this is what they have been asking for.

We can call it anything.

Why can’t we call it Insaka, it is more Zambian,” he said.

Mr Kunda appealed to Zambians not to waste time arguing over straightforward issues.

He said Government would follow the road map agreed through the ZCID.

Mr Kunda also said when the drafting of the Constitutional Conference Bill was completed, he would start consulting stakeholders who include the ZCID and other interested civil society organisations.

“Thereafter, I will present the Bill before Cabinet for final approval.

Once Cabinet approval is obtained, I intend to present the Bill in the next sitting of Parliament,” he said.

The objective of the Constitutional Conference Bill is to provide for its establishment, define its powers, structures, procedures, functions, and composition and provide for the allocation of financial resources.

The Constitutional Conference would undertake the process of examining, analysing, debating and adopting by consensus contents of the proposed Constitution.

Mr Kunda said agreed constitutional provisions in the Conference would thereafter be presented to Parliament for enactment while those provisions which required a referendum like the Bill of Rights in Part three would await the process.

“The first step is enacting a Constitutional Conference Bill.

Those who want to concentrate on bickering and arguments just want to delay the process.

Certain people in Zambia want to engage in arguments and create tension because they think they should have that sort of agenda, but we want peace and we want to move the Constitution making process forward.

“Some of the people have no agenda now because there is peace. Some people just want confrontation,” he said.

38 COMMENTS

  1. Does this mean no referendum? Well lets give govt a chance. Looks like they are about to put something serious on the table. But we will have to wait and see it’s contents once presented to parliament. I don’t trust these MMD guys. They are dam good at political re-engineering. They need to be watched with a careful eye.

    By the way some tine back on this site I did propound the theory that Nevers Mumba will be the next MMD & Zambian president and people laughed me off and shot me down. Reports from the POST are that he has reconciled with LPM and I see him back in the MMD for exactly what I had said in my post on the issue of who will be the next president of Zambia. Totally in line with my Theory

  2. Why can’t we agree that we do not know what we are doing in Zambia? One says the Constitutional Conference, the other Indaba or whatever one can call it but it means the same thing. What Zambian people wanted was a Constituent Assembly which in practical terms can not be achieved in two or three year’s time. It takes about a decade to achieve. It is for this reason that the constitution adopted through the constituent assembly stands a test of time because it addresses the present and future issues. Not this shortcut that you want to take which will only be LPM tailored. If we followed the CA process it could have taken us may be to the time of the other president that will come not in 2011 but maybe 2016. This would have meant total justice to the constitution. Nearly everyone would have been consulted in the process making. Not these jokes that we have been exposed to where the government wants to come up with a constitution through Indaba as if it is a manifesto for a political party. Send people to countries like Norway, Canada, Sweden etc to learn on how they came up with their constitutions. These countries are some of those where democracy is practiced at its best. The only problem we have in Zambia is that when we start something, we want to see to it that we are there when it is maturing. No wonder only a few Zambians can plant a tree because they feel by the time it matures, they will not be there. As a result there is massive deforestation being experienced now resulting in unpredictable rainfall. That is bad attitude towards life. It is for this reason that initiatives never survive in the following regime because they are considered to be personal to holder to the president who started them at that time. Let these initiatives be on going. I would have loved to see LPM initiate this process and let it go on to whoever comes to power next and even pass it on to the other if it will not be completed by then. As you are trying to do so amendments can be going on to the existing constitution to suit the prevailing situation.

    The process that is being pursued now has deliberately been introduced in order to get rid of those who previously benefited from the sitting allowances. The person in charge now will also ensure that he brings in his own cohorts so that they can chew tax payers money as sitting allowances to the maximum. The whole thing is rotten regardless of the term you want to call Bwana Minister of Justice George Kunda.

  3. Politicians like playing with semantics when in actual fact the “thing” means the same. Just that one side does not want to be seen to succumb to the opposing side.

    However, what we want as ordinary citizens is a good constitution that guarantees the general populous responsible freedom and economic development.

    It is common knowledge that a good constitution leads to economic and human capital development.

  4. Zambian leaders and politician’s are still Children. They need Guidance in all their action’s and policies.
    No Worries.

  5. Poverty and Pain
    The last 10 years the IMF and the World Bank have been lending out a lot of money to the Zambian government. The Zambian government spent the borrowed money on luxury things while the IMF and the World Bank continued to give the government more money at the same time forcing the Zambian government to privatise everything. The more money Chiluba’s government borrowed and squandered, the more the World Bank and the IMF demanded that Chiluba’s government privatise the countries institutions to enrich Zambia’s economy. These banks watched billions of money spent on fat salaries, fast cars, huge mansions, feats, etc. Without any reaction.The same firms – the IMF and the World Bank – say that they cannot lend Zambia’s present government money because it has to fight corruption. People and the Zambian leaders do not stop to ask these powerful organisations; “why did they continue giving out money to a corrupt government, and why should this government arrest….

  6. ctd..

    The same firms – the IMF and the World Bank – say that they cannot lend Zambia’s present government money because it has to fight corruption.
    Zambia’s former leader Chiluba, when he was motivated into these acts, by the very lenders?
    Isn’t it about time the Zambian government brought the IMF and the World Bank to court too?
    Zambian people must instead demand for a whole justice!. Maybe this can help troubled leader. Pilz we want progress not press statements

  7. Africa… our continent… how we love her. So much beauty. So much human richness. So many big hearts. So much giving it away to all others…
    From Cape to Cairo, Mapotu to Accra all higher education is either in French, in English, in Portuguese, in Spanish, or in Arabic. I haven’t known an African Language being used for the educational development of the youngs in African in higher institutions of learning.
    Europeans want to keep the power over Africa. Perhaps even take the continent and plant non-Africans on the African continent. That is what some people say, the idea of AIDS was developed to destroy black Africans so that the land is left empty for non blacks in the long run.
    But these are all debateable issues; I may not be very far from the truth when we find the truth. So, those are my views.

  8. #6 Easy or Paparazzi.May you kindly convert K1.9 TRILLION into US Dollars for me.I just want to find out the levels of theft by this current govt.This is the more reason we need a new constitution that would create total separation of powers.Ana (Auditor General)has observed this kind of theft and yet the ACC can`t do a single thing because of fear of persecution.We can`t just sit back and watch as our national treasury is being plundered at will.

  9. #8 Kayata for complete justice have you forgotten D-Day of the diminition the Zambian economy is 1st May 1987 when KK refused to get a credit of $US 300 Million so from this day the campaign for regime change started. Unfortunately because we are children we didnt see far. They found a replacement in FTJ who never controlled when he was dishing out borrowed money from IMF/ world Bank. When the Privatization process was completedd Chiluba was lendered useless yet the call the a third term. So the got his former deputy and they thought he was going to continue FTJs direction. They told him to fight corruption otherwise no aid, grants, debts and credits. So PLM was forced to turn to China for investment because he has heart for his people. Unfortunate, at that time we were hungry living on minus 25 cent per day so we had to accept anything china offered. No the west are not happy because it means some kind of economic freedom please read above in #9 to understand everything.

  10. #10 Chapi here are the figures: US$507,343,124.17 as the todays exchange rate what I dont is how much it was to the said period.

  11. Thanks #10 EASY.Yaaaaaa!!!!!!!.That`s more than half a BILLION US DOLLARS that has been stolen.We need to be serious about developing our nation.Surely,can`t we pump such funds into the manufacturing sector,improve our health care facilities or even create a better road network.This would definately boost our economy and then we`ll be grown ups and not children as LPM puts it.

  12. #15 For the first time Zambia is being transformed into a real society. You are right we need the new constitution. The prolem is the president is alone in this crusade people he has appointed in most cases they have disappointed him. It is no longer ago there was article praising Fundanga as the next president of Zambia. No if he can not take controll of Zambias money institution to seal lopeholes how can he manage our economy. Normally the president doesnt steal apart from FTJ which has been clear. Can you imagine some opposition part president he/she is in Kapenta business what she used to do is when she order Kapenta for instance 100 bags a zero will be added to make it a 1000. We need a strong judiciary it has been weakned especially our laywers are the most useless ones because they eat with both hands.

  13. Ba Chapi# 15 LAZ is on institution that must look at maybe if one is a laywer he or she should not be allowed to take a govt position. I dont think it could be right to a former chief justice as a president of a nation.

  14. Ba Chanda Phiri (1),
    Your speculations are unfounded in the face of MMD political engineering processes. Your man’s dangerous opportunism is nothing but the end of his place in politics. MMD and LPM are strategically opening up for a final finishing punch before 2011. You don’t have to be that naïve to catch the ruthless MMD machinations your man has failed to understand throughout his opportunistic moves. Per my strong rumors, MMD has already identified two personalities to shape, prop up and screen for a final choice. Stunningly LPM is seriously looking on the young fellow below 46 from East and NW below 55 with Western being the alternative in case of a surprising NEC vetting outcome. Time will vindicate this rumor. I have read the post newspapers and visited another blog site. Read below and the next post: Asked whether he could consider going back to MMD if an opportunity was offered, Pastor Mumba said he would take an appropriate decision after receiving an official invitation. “I did not resign from MMD. We had issues of circumstances that led to the MMD NEC expelling me from the party. Because of that it was not just the decision of Nevers Mumba and his supporters to go back, but there are other issues to be considered such as the party has to make a decision of that nature. Asked further what his response has been to the people requesting him to rejoin the MMD. Pastor Mumba said “I do not see any major ideological differences between MMD and what I think”. It is the ideal thing to do to change things in the country. I don’t have a problem with MMD. I resolved that problem when I dissolved my party to join the MMD,” he said.

  15. Ba Chanda Phiri (1),
    The articles herein are excerpts from the post newspapers and the MMD spin Doctor on another Zambian blog: According to MMD sources, Pastor Mumba had been soliciting favours from President Mwanawasa and some NEC members in order to pave way for an easy comeback. “Mr. Nevers Mumba has been making manoeuvres, meeting our boss (President Mwanawasa) and NEC members asking us to consider him for re-admission, but that is a non-starter,” said one of the MMD NEC members. “Mr. Mumba…how can we consider him when he has been to Patriotic Front (PF) and he was not adopted as parliamentary candidate…he goes back to his Reformed Party and he fails, and he decides to come back to MMD?”According to the sources, the general feeling of most NEC members was that Pastor Mumba could not be accommodated because there was no vacuum in the party. “We don’t have a vacuum in our party for anyone to rush for it,” said the source.
    In 2005 on the defunct ZOL open letter to the President thread, I did post an article titled “The Disingenuous politics of Nevers Mumba” the MMD spin Doctor writes. To my friend and dear brother Robby the sole Mumba advocate then I was being disrespectful, malicious, slanderous, and with unacceptable spinning umbrage on his man’s candidacy. In vain, I labored to explain myself that Nevers was a man I enjoyed closer ties with for years yet have never appreciated his unbridled appetite for power. I have learnt over the years of public exposure that excessive love for power, praise, material things, and popularity are dangerous attributes and basis of one’s failures. I have thus, continued criticizing him with deep love and sincerity that his opportunism and behavior intermittence are very dangerous to accommodate in public life. Pertinent to say in the ranks of the MMD, there is no vacuum. The MMD party and its leadership will never again be accommodative of memberships believed prone to endangering the nation and the party existence. We foster our inclusive political approach, but stay vigil against any infiltrations and flippancy. We are ready to hear different versions from the wider and ambitious public, but without a subservient or passive membership over what we see as cheap infiltration schemers. On behalf of MMD, I wish Nevers Godspeed he writes.

  16. #17.I can`t rule out LPM being involved because you`re talking of more than half a BILLION US dollars here.You know how LPM is when he`s not involved in something.He could have fired anybody that was involved and given those reasons too.He`s got no diplomacy in anything he`s not involved in.What we`re seeing is the new “ZAMTROP” at work.That`s why this fight against corruption should be genuine if we are to see tangible results.

  17. Easy and Chapi. The Auditor general said K1.9T no reconciliation between BOZ and MOF. That does not mean the money was stolen. My second point is you 2 are every where can we stick to the subject of the constitution. You cant talk about corruption,evacuations ,kapenta and the like in the same breath. Can we get some focus here.
    #1 good point on the referendum, I dont think there is any other legal way to get arround article 79 without a referendum. Lets see what Kunda will unvail in the next few weeks.
    #2 i agree with you, Its disgusting just to think of our constitution argument being reduced a mere name. These politicians should be ashamed of themselves

  18. NEVERS’ RECONCILIATION WITH LEVY

    It is good to hear that Nevers Mumba and President Levy Mwanawasa have reconciled and buried the hatchet. There is nothing wrong with people reconciling after any sort of difference. In fact, reconciliation should be encouraged and promoted among our people. But we think that certain principles should guide any reconciliation if it has to be meaningful. These principles should include honesty and sincerity, among others.First, it should be accepted that for two people to reconcile, they must have differed; otherwise there would be no need for reconciliation. And if they differed, it is important to isolate points of differences. When this is done, then the two reconciling parties can discuss the matter honestly with utmost sincerity and frankness and with a view to understanding why the difference or differences arose, and also to find a lasting solution. In our view, this is how genuine reconciliation should be conducted. That is why we feel that Nevers is not being sincere and honest about his so-called reconciliation with Levy. It is clear that this is not a genuine reconciliation, it is a selfish and an unprincipled reconciliation either on the part of Nevers or indeed on the part of both parties. But maybe we should spare Levy the blame for now since he has not yet spoken on this matter. However, it is cheap for Nevers to gloss over serious matters and pretend that there was nothing wrong between himself and Levy or that the perceived misunderstandings between them were caused by some forces.Well, that may be true but it is wrong for Nevers to insinuate today that he has no fundamental differences with Levy and the MMD because the ideologies of the MMD or Levy are similar to his. We all know how Nevers bitterly differed with Levy to the point that Levy told the public that he regretted having appointed him as his vice-president. Nevers, on the other hand, went to great lengths in denouncing Levy and his MMD government to the extent of even accusing him of being corrupt or tolerating corruption in MMD and the government. We still remember how Nevers told the public that he could not fit into Levy’s administration because the latter behaved like a headmaster. In fact, the central reason for their differences was that Nevers wanted to become MMD president and subsequently president of the Republic. Nevers suffered from hunger for the presidency and publicly stated that Levy had failed the country and he was going to make a big difference in the administration of the country’s affairs after taking over from him. This was the key point of their differences – Nevers’ unbridled appetite for power.When he was eventually expelled from the MMD, Nevers proceeded to form his own political party and declared that he was going to defeat Levy at an election because he was no match for him. There were so many negative things that Nevers said about the MMD, Levy and his government before and after he was expelled from the ruling party. Today, the same Nevers, the same man of God, is saying that he enjoyed working with Levy, that he had a fantastic working relationship with him as his number two and that he helped build the MMD by adding to its members all those who followed him at the time he abandoned his party for the MMD.This is the insincerity, the dishonesty we are talking about, which can render a well-meaning process of reconciliation useless. Clearly, Nevers is not being sincere about this so-called reconciliation because he is painting a picture that the public wrongly thinks that he has had very fundamental differences with Levy when this is not the case. Anyway, Nevers’ life has been consistent with inconsistencies. Today he will do or say this and tomorrow that. After he was appointed Republican vice-president, Nevers became one of the most ardent and consistent defenders and supporters of Levy in the fight against corruption. Nevers proclaimed that he accepted to work with, or for, Levy because of his anti-corruption stance as he being a man of God equally did not condone corruption. But when he was fired, Nevers was the first one to accuse Levy of corruption. Clearly, Nevers is up to something in his quest to reconcile with Levy. He should not even deceive Zambians that some people in MMD and the Church are forcing him to rejoin the ruling party because we are aware of some personal manoeuvres Nevers has been making in this regard. There is no need to deceive Zambians that as a pastor, he has put everything behind because he doesn’t want to live in the past. The truth is Nevers wants a favour or favours from Levy and his government. That’s why today he can humble himself and go to meet Levy at State House, the man he clearly showed the public he has no regard for, a man he accused of being incompetent and corrupt. Yes, reconciliation may be between two people. But these two people differed in public so the public will be entitled to know when they reconcile, otherwise the two will be seen as enemies when they have actually embraced each other as brothers. And there will be nothing wrong with Nevers and Levy reconciling. But let this be done genuinely and sincerely. Not out of selfishness and unprincipled positions.

  19. 21 Chapi #21 I have know LPM to be a fair person I suggest he needs evidences and this will take time. I think she will get a briefing from the audit general. The only the maybe he can implicated is on his medical fees you the man was not in a position to help himself he had to lean on others. Look at Chiluba most of co- offenders got twice as much as him. Even Stell she got more than FTJ. Mwana money is not at state house but at MOF or BOZ. Mostly it is here where dirty activities take place.

  20. #22 Sage.Why do think everybody is fighting hard to get a new constitution?Don`t think we need to have a transparent govt were everyone in public office needs to be accountable to the people.Even with the Zamtrop account,it was failure of reconciliation of figures that triggered this whole mess that`s going on.

  21. #22 Sage.Why do think everybody is fighting hard to get a new constitution?Don`t you think we need to have a transparent govt were everyone in public office needs to be accountable to the people.Even with the Zamtrop account,it was failure of reconciliation of figures that triggered this whole mess that`s going on.

  22. 22# SAGE cant you see that there is no stuff on the topic. The same version of the song CA; CC, Twiatano what kind of nonsense is this. Our ministers should learn to shout their mouths if you dont have anything to inform the public. So at Citizen forum has said. Its Kafue allround about. No wonder 500 years after colonial rule the west still we are children. A leader should a man of big decision and progress.

  23. #22.SAGE.Refer to your comments on #107 under the heading GOVT.DISSOLVES ERB,ZESCO BOARDS.You`ve personally categorised the K1.9 TRILLION as theft and you now are flip flopping on it?

  24. #22.SAGE.Refer to your comments on #107 under the heading GOVT.DISSOLVES ERB,ZESCO BOARDS.You`ve personally categorised the K1.9 TRILLION as theft and are you now flip flopping on it?

  25. Chapi # 29, i find you to be very fake,and useless .Do you mean to tell me or these exchange beaurues online can’t convert money for you? Whereever you are my friend you need to quit having plastic personality, remember you are not the only one in diaspora its a lot of others on this blog and they bring seriouse issues .Plastic life was when you were young and trying to show off stupidly, unless you tell us you are 12 then we will understand your poor reasoning on your comments on this blog.

  26. MUSUNKE (30)
    The message board has it all on some of these kids watering the value of blogging. You have timely said it. That appalling character is self revealing and timely for your counsel. We love all our young ones irrespective of such regrettable plastic character. The way to go is ignoring their requests too. Indeed currency conversions are early done online even by the most challenged high school sophomore student.Stupidity has no age or location in some of these people “Shapi” has always proved himself.

  27. musunke learn not to be abusive.mature pipo challenge fellow bloggers with constructive arguements thats’ what makes this blog more interesting.eg Kuku, BaJoze and a like you will never find them throwing abusive language and it is for these reason that makes them second to none. mwaice wandi napapata wilatusebamwa.

  28. musunke learn not to be abusive.mature pipo challenge fellow bloggers with constructive arguements thats’ what makes this blog more interesting.eg Kuku, BaJoze and a like you will never find them throwing abusive language and it is for these reasons that make them second to none. mwaice wandi napapata wilatusebanya. May the Lord bless you with wisdom.

  29. Chitoba, if you read in between the lines of my comments you would understand just like veteran did,i have rspect for every one on this blogbut shapi has been known to bring up issues that are so irrelevant and we need to let our bro/sis to realise that this is not the place for unnecessary questions but an informed peoples forum trying to talk about serious issues, you don’t actually need to go to an exchange beareau website, even our own zamnet has currency converters right on the face of thier website, its just a chall to shapi to grow a little more in his comments.For your information chitoba stupid is not an insult but rather a term used to describe ones behavior.

  30. #34.Musuke.I could have loved to see you address this gross mismanagement unlike attacking my personality.Welcome to the no spin zone at the altar of reason.

  31. Its amazing to note that am not the only one attacking your personality its been seen on other issues where you have been called out for being imature, one of the guys unfortunately called you bad names because of you childish way of commenting not to mention veteran on this forum who has shared the same sentiments , we need for you to change and you still have not answered dont you know where to get data on exchange rates even when you’re living ku basungu like you have told us? or you still wan’t to behave primitive?

  32. #36 MUSUNKE.Read my contributions on this blog and I`m sure you`ll come to the realisation that whoever has attacked my personality has just avoided to tackle the issues that I`ve raised.The only person who has attacked my personality has been Paparazzi who also uses the name Veteran or if he wants to insult me remains Anonymus.Remember, I try by all means to call a spade a spade and that`s irrespective of me being popular or not.Let`s remember to be governed by principles and not emotions.

  33. musunke stupid is an insult you can ‘t tell someone to be lacking intelligence. The contributors on this blog are all intelligent and well mannered.remain blessed musunkeand take it easy BR

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