By Henry Kyambalesa

Dear NCC Commissioners:

Comments on the NCC Draft Constitution

I wish to join other Zambians in acknowledging your extraordinary effort, determination and commitment to review the Republican constitution and give our beloved country a new constitution that is expected to stand the test of time.

In this connection, I wish to make a few comments and suggestions designed to make the new constitution more acceptable to the majority of Zambians, and more credible in the eyes of the international community.

1. The Preamble: The first three paragraphs of the Preamble should read as follows:

We, the people of Zambia, by our representatives assembled in our Parliament,

Acknowledge the supremacy of God Almighty;

Uphold the right of every person to enjoy that person’s freedom of conscience or religion; …

The Republican constitution should be a neutral document that should not appear to discriminate against atheists or pagans, or those who believe in Islam, Judaism, Buddhism, Hinduism, or Jainism. All these segments of Zambian society have a genuine stake in the Republican constitution and, therefore, deserve to be respected in spite of the fact that they are not currently as large as their Christian counterparts.

2. Christian Values and Principles (Article 16): This Article should be removed because “directing the policies and laws towards securing and promoting Christian values” or beliefs would be inconsistent with “upholding the right of every person to enjoy that person’s freedom of conscience or religion” that is enshrined in the Preamble. It is also not consistent with what is enshrined in Article 96(2)(a) of the Bill which states that a political party shall not be founded on a religious basis, among other things.

If it were permissible for the national government to generate “policies and laws towards securing and promoting Christian values …,” why would it be wrong for a political party to fashion its existence and contemplated policies and laws that would have a religious bearing?

If there is a compelling and absolute need for this Article to be retained, however, the “Christian Values and Principles” will need to be specifically defined in the same manner as Article 10 (Political Values, Principles and Objectives), Article 13 (Socio-Economic Values, Principles and Objectives) and Article 15 (Cultural Values, Principles and Objectives) are defined.

3. Promotion of Sport (Article 19): This Article states that “The Government shall promote recreation and sports for the citizens.” It could more appropriately and logically be incorporated into Article 13 (Socio-Economic Values, Principles and Objectives).

4. Qualifications of Presidential Candidates (Article 108): The requirements that presidential candidates should have a bachelor’s degree as a minimum academic qualification, and to have been resident in Zambia for 10 consecutive years preceding any given presidential election are clearly designed to exclude certain individuals from contesting the Republican presidency.

It is obvious that these two clauses could not have been recommended by the NCC if the MMD presidential candidate in the 2011 general elections — that is, Rupiah Banda — did not have a degree and had been working or studying in a foreign country over the last 5 or so years.

The degree requirement, for example, is undesirable and outrageous for the following reasons:

(a) It is not based on evidence from Zambia or anywhere else in the world suggesting that a president’s competence is directly related to his or her academic qualifications. In other words, it is mainly based on hunches rather than on facts!

(b) There is no academic degree offered anywhere in the world which can equip an individual with the qualities that are needed in political leadership, such as emotional stability, patriotism, selflessness, fair-mindedness, patience, compassion, tolerance, respect for the rule of law, and the ability to make compromises with people who have dissenting views.

(c) Most academic degrees are not designed to equip students with the requisite knowledge and skills relating to political or national leadership.

(d) The number of years which have passed from the year someone obtained a degree to the present reflects on the relevance of the degree involved. A degree obtained during the 1980s, for example, is generally useless if the holder is not engaged in teaching or other professions which require the application of the knowledge and skills acquired during the pursuit of the degree.

(e) The Republican president appoints qualified advisors to provide him or her with decision inputs in dealing with legal, economic, political, and other matters.

(f) The Republican president is expected to appoint competent government ministers and charge them with the responsibility of advising him or her on matters relating to national projects and programs, and spearheading the implementation of such projects and programs.

(g) The clause, if it is eventually included in the new Republican constitution, will inevitably require all office bearers (including the vice president) who are constitutionally expected to take over the presidency under special circumstances to be holders of academic degrees. And

(h) The kinds of national policies, projects and programs a presidential candidate promises to pursue are more important than his or her educational attainments.

There is, therefore, a need to retain Article 123 (1) (e) of the Willa Mung’omba draft constitution, which states that a person would only be qualified to be a presidential candidate if he or she had obtained the minimum academic qualification of a Grade 12 certificate.

With respect to the 10-year residence requirement, what is really the rationale for such a Clause? What is it supposed to achieve?

There are many reasons why Zambians temporarily reside in foreign countries, such as to pursue studies, to work for the Zambian government in foreign missions, to work at foreign-based branches of companies registered in Zambia, to pursue investment opportunities, or to seek employment due to the widespread unemployment currently obtaining in the country.

These are all good reasons why some Zambian citizens have, now and again, found themselves temporarily residing in foreign countries. Why, then, should their native country’s constitution deny them the opportunity to vie for the Republican presidency?

[pullquote]These are all good reasons why some Zambian citizens have, now and again, found themselves temporarily residing in foreign countries. Why, then, should their native country’s constitution deny them the opportunity to vie for the Republican presidency?[/pullquote]

There is a need to remove this requirement because it discriminates against citizens who temporarily live in foreign countries for good reasons.

Over the years, the people’s call for a non-discriminatory Republican constitution that is expected to stand the test of time has been loud and clear. Unfortunately, those who are entrusted with the noble task of delivering such a constitution to the people seem to have personal and/or partisan stakes in the constitution-making process.

I, therefore, wish to urge each and every member of the NCC to heed the people’s call for a Republican constitution that will meet their needs and expectations in order to save financial and material resources that are likely to be devoted to another constitutional review commission in future.

Thus far, Zambia has wasted a good portion of its 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. There is, therefore, a need for the NCC to put personal and partisan interests aside and give the people a more acceptable constitution this time around.

5. Appointment of MPs to Executive Positions: The Bill requires that the Vice President, Provincial Ministers and Deputy Ministers should be appointed from Members of Parliament (Articles 128, 130, 131 and 132). This is an outdated and backward requirement for a burgeoning democratic system like ours.

We, therefore, need Articles and/or Clauses which would provide for the appointment of the Vice President, Provincial Ministers and Deputy Ministers from Zambians who are qualified to be elected as MPs, but who are not MPs. Such Articles and/or Clauses are important for the following reasons:

(a) They can afford a Republican president or President-elect a larger pool of competent people from which he or she can constitute a Cabinet.

(b) They can provide for greater separation of powers between the legislative and executive branches of government.

(c) They can afford presidential aspirants enough time to identify potential ministerial appointees well before tripartite elections rather than waiting for parliamentary elections to be concluded. And

(d) They can reduce the apparent work overload on government officials who have to handle both ministerial and parliamentary functions.

6. Defence and National Security (Part XVI): There is a need to create an additional Article in this Part of the Bill relating to the Zambia National Service (ZNS).

Anti Voter Apathy Project AVAP Executive Director Bonnie Tembo has called on government to revisit areas that were not adequately covered during the mobile issuance of National Registration Cards NRCs.

Mr. Tembo noted that if this is not done, the ongoing voter registration exercise by the Electoral Commission of Zambia (ECZ) is bound to be a failure.

He says government should honour its pledge to go back to the areas that were not adequately covered due to unforeseen circumstances.

Mr Tembo said for the voter registration exercise to capture the targeted number of 2.5 million news voters, there is need to revisit areas which were not adequately covered.

Meanwhile Mr. Tembo has bemoaned the inadequate publicity of the on-going voter registration exercise.
[QFM]

The Southern African Centre for Constructive Resolutions of Disputes, SACCORD, has called on the Zambian parliament to take national issues seriously.

SACCORD Information Officer, Obby Chibuluma, says as parliament resumed sitting yesterday, there are a lot of issues that need to be addressed by the legislature almost immediately.

Mr. Chibuluma said parliament must this time around follow up reports by the office of the Auditor General which have been bringing to light numerous cases of misappropriation of public funds.

He said these are issues parliament should address by ensuring that they are thoroughly debated on and a way forward found.

And Mr. Chibuluma has appealed to the parliamentarians to debate the constitution making process which he says has no clear direction.

He said the process is taking too long, adding that it is not clear as to when and how it is expected to end.

Mr Chibuluma has also called on parliamentarians to represent the people of Zambia genuinely.

He said SACCORD would want to see an effective parliament as the country approaches the 2011 tripartite elections.
[QFM]

Government has described allegations that Chief Justice Ernest Sakala refused to shake hands with PF leader Michael Sata at the funeral of late retired Supreme Court Judge Peter Chitengi as only trivial.

Government Spokesperson Ronnie Shikapwasha said the whole incident has been blown out of proposition and was just a deliberate ploy to undermine the integrity of the judiciary.

Lieutenant General Shikapwasha who is also Information and Broadcasting Minister has since urged Zambians to ignore the allegations saying the nation has more urgent and important issues of development to deal with than be engaged in fruitless squabbles over the so-called handshake.

He said in a media statement made available to ZANIS in Lusaka on Tuesday that the Post Newspaper story on the handshake snub leaves more questions than answers from the journalism professional and ethical point of view.

[pullquote]Lt Gen Shuikapwasha wondered why the Post Newspapers sought a comment from Mr Sata and others soon after the handshake snub but could not do the same to the Chief Justice for him to comment on the alleged incident.[/pullquote]

Lt Gen Shuikapwasha wondered why the Post Newspapers sought a comment from Mr Sata and others soon after the handshake snub but could not do the same to the Chief Justice for him to comment on the alleged incident.

“Why was nothing done to this effect there and then so that both sides are heard in line with standard journalism practice of ‘balance and fairness’ to both sides”, the minister wondered.

He said journalism ethics demand that a journalist balances his or her story by getting the views of both parties, adding that a one sided account is tantamount to a lie.

Lt Gen Shikapwasha said government therefore finds the so-called handshake snub a non-issue which some people want to exploit for selfish gain.

He further government is also appalled by the unwarranted attacks by retired high court judge Kabazo Chanda against the Chief Justice over the handshake.

The Minister said it is clear that retired judge Chanda has a grudge against the judiciary over his un-ceremonial exit from the bench hence his emotional and baseless outbursts over the so-called handshake snub.

[pullquote]“I ask Judge Kabazo Chanda to tell the nation why he unceremoniously left the bench. He should also tell the nation why he changed his name from a Mr Mumba to his current name Kabazo Chanda”, he charged.[/pullquote]

“I ask Judge Kabazo Chanda to tell the nation why he unceremoniously left the bench. He should also tell the nation why he changed his name from a Mr Mumba to his current name Kabazo Chanda”, he charged.

Lt Gen Shikapwasha said Judge Kabazo Chjanda should better keep quiet and leave the judiciary out of his personal misfortunes and disappointments.

He stressed that the judiciary is one of the important pillars of the country’s democracy which he said should not be cheaply dragged into the mud.

President Rupiah Banda is tomorrow expected in the Democratic Republic of Congo (DRC)’s capital city, Kinshasa to join several other invited Heads of State and notable guests to commemorate the 50th Independence anniversary for that country. The Democratic Republic of Congo, formerly Zaire, a vast country endowed with immense economic resources, gained its independence from Belgium on June 30th 1960.

President Banda has not only been invited in his capacity as Chairperson for the International Conference on the Great Lakes Region-ICGLR, but also as a member of the Southern African Development Community-SADC, COMESA and indeed as a neighbouring Head of State.

Zambia’s Ambassador to the Democratic Republic of Congo, Maybin Mubanga told ZANIS in an interview that President Banda is expected to arrive in that country around 09 hours. Mr. Mubanga said President Banda will be accompanied by Foreign Affairs Minister Kabinga Pande, Chief of Protocol Bob Samakai and other government officials.

Mr. Mubanga explained that Zambia played a significant role in the peace process for the neighbouring Democratic Republic of Congo saying peace in that country is cardinal for the enhancement of trade between the two countries. He noted that the 50th Independence anniversary and relative peace that the Democratic Republic of Congo is experiencing have a big positive impact on Zambia especially that the country shares the longest border with Zambia.

He said preparations for the arrival of the President have been completed adding that that it is exciting to have President Banda in the Democratic Republic of Congo.

Meanwhile, Mr. Mubanga has appealed to Zambians to guard the peace that the country is enjoying, jealously.
He said it is important for Zambians to draw an example from the Democratic Republic of Congo that instability derails development.

He advised Zambians to allow President Banda run the affairs of the nation without unnecessary interference.
The Democratic Republic of Congo is now recovering from a series of civil strife which claimed millions of lives either as a direct result of fighting or because of disease and malnutrition.

Current President Joseph Kabila became President of the Democratic Republic of Congo when his father Laurent was assassinated in 2001.

He was later elected President to rule the vast country in a historical Presidential first democratic election in 2006 to bring a new era of stability after years of war and chaos.

Over 20 heads of States have been invited to witness the historical event.
The King of Belgium and former Tanzanian President Benjamin Mkapa are among the invited guests who have already arrived in DRC.

Others expected are Zimbabwean President Robert Mugabe, His Majesty King Mswati, Uganda President Yoweri Mseveni and Rwandan President Paul Kagame among others.

Meanwhile, President Kabila today unveiled a statue for the first President of the Democratic Republic of Congo, Joseph Kasavubu who ruled the country from 1960 to 1965.

The emotional ceremony was witnessed by the late President’s family who were led by his first daughter. After unveiling the statue, President Kabila who looked very touched went round greeting the crowd much to the excitement of hundreds of people who witnessed the event.

The celebration mood is high in the capital Kinshasa as all streets have been decorated with this country’s flags and posters alongside other flags for invited countries in the region and abroad

ZANIS

Former Church of God Overseer Bishop John Mambo has charged that the ruling Movement for Multi party Democracy (MMD) has lost direction.

Bishop Mambo says the ruling party has failed to uphold true leadership values going by the utterances by some senior members of the party. He says it is quite disappointing that internal wrangling in the ruling party involving senior party officials have continued, setting a bad example to other political parties.

He has also observed that statements coming from MMD Lusaka province chairman William Banda also confirm that the party is in problems.

Bishop Mambo says the ruling party is supposed to be held in high esteem in the way it conducts itself and set a good example to other young political parties in the country. Bishop Mambo has since advised the MMD to put its house in order if it is to retain power next year.

[Q FM]