
By Henry Kyambalesa
Over the years, the people’s call for a Republican constitution that is expected to stand the test of time has been loud and clear. Unfortunately, we have wasted a good portion of our country’s meager resources on financing the Chona Constitution Commission, the Mvunga Constitution Review Commission, the Mwanakatwe Constitution Review Commission, and the Mung’omba Constitutional Review Commission without coming up with such a constitution.
We are now grappling with the draft constitution recently tendered by the National Constitutional Conference (NCC), which is apparently laden with Articles and Clauses that are partisan, short-term and discriminatory in nature. It has too many contentious issues, errors and inconsistencies, which are predictably going to elicit nationwide demonstrations and potentially culminate in losses of property and human life if the authorities attempt to push it through by hook and crook.
I, therefore, wish to urge President Rupiah Banda to appoint an ad hoc task force consisting of at most 30 citizens who do not currently hold leadership positions in non-governmental organizations (NGOs), political parties, religious institutions, the labor movement, the legislature, the executive, the judiciary, the civil service, and the House of Chiefs.
The terms of reference for the task force should be to identify and examine contentious issues, errors and inconsistencies in: (a) the 1996 Republican constitution; and (b) the draft constitutions of the Chona Constitution Commission, the Mvunga Constitution Review Commission, the Mwanakatwe Constitution Review Commission, the Mung’omba Constitutional Review Commission, and the National Constitutional Conference.
Moreover, the task force should be required to prepare a draft constitution based on its findings. It could be given 1 year to complete its work, and its output could thereafter be tabled for comments by the citizenry.
We can hold the forthcoming tripartite elections under the 1996 constitution in its current form. It would not be prudent to push through a controversial and potentially divisive constitution just because we have spent unprecedented amounts of public resources on it. I believe it is much more important for the output of the constitution-making process to be widely acceptable.
It is shameful that after nearly 46 years of political independence, we have failed to give ourselves an acceptable constitution. Is there something that is innately deficient in us? How can personal, partisan and short-term interests inhibit us from working together to craft a constitution that will stand the test of time?