By Patrick Hatontola
On Feb 18th 2010, the NCC rejected article 56 (1) (a) of the Willa Mung’omba draft constitution which states that a person shall have right to access of information held by the state. Generally, the purpose of the article was to: afford Zambians their right to participate in national issues from an informed point of view; hold government accountable through transparent operations; and to have a say in the governance of their country by timely accessing valuable information. Zambians would then air timely views on democratic issues that foster their socio-economic aspirations. This was the Zambians’ wish. At the moment, it stands as a dream deferred if not a dream shut.
At the pace through which the NCC is rejecting progressive clauses; starting with the adoption of the degree clause for a Presidential candidate; to the current rejection of the right of access to information clause in disguise of preserving state secrets; Zambians may as well brace themselves to the time when the NCC would declare the national budget; the auditor general’s report and perhaps the constitution itself as “state secrets”. This will mean that government will preside over the national affairs at their pleasure. Zambians will be made to believe that government is a philanthropic service to the “undeserving Zambians”. Provision of social services such as basic health care and basic education will be declared a prerogative of those called “government” with sole rights to access of information.
The constitution review process was conceived by Zambians because they felt that the current constitution was inadequate, restrictive and remote from their social and economic aspirations. Therefore, the purpose of the NCC was to deliberate on the Mong’mba draft constitution diligently in order to bridge that constitutional vacuum. Unfortunately, the NCC has abdicated its moral duty to strengthen the weak constitution as mandated to. They have rather opted to weaken it by rejecting the recommendation of the Mungomba draft that reflects the views of the majority Zambians.
Information is power! Without public information, no one can make informed decisions on issues of public interest and discourse. The NCC has deliberately disempowered the people by restricting them access to information. This infringement is not without cost to the growth of our democratic dispensation. It is a grievous assault to the Zambians’ dream; a dream that one day they will know and question the actions of those in power; a dream that one day they will know how their country is managed by those they have entrusted it with; a dream that one day they will have information to express their views from an informed point of view. This is neither a collective statement nor personal conviction but a summation of the general view. The rejection of the clause cannot be seen to be in public interest. Every sincere person will tell that the NCC has rejected this clause as a means of power preservation. It is common knowledge that the less information the public has, the more it advantages those in government in their endeavor to sustain their political fortunes. But suffice to say that Posterity and history will judge all those who are moved by whims and caprices of power and its preservation to the detriment of the people’s ware fare. The time is coming; perhaps now is the time, the time when Zambians will give themselves their constitution as stated in the preamble of the constitution.
In many African countries such as South Africa, the bill of rights provides for the right of access to information held by the state and/or a person. I am alive to the fact that every right is not absolute. However, the constitution must guarantee the right to access of information provided that, subsequent legislation is enacted to alleviate possible administrative and financial burden on the government in its course of proving this information. To this end, the NCC ought to have qualified and not reject the clause by stating what information may not be made public. Such information would generally limit to the operations of armed forces.
Zambia is not exempt from the general African phenomenon of power abuse resulting from limited information access by the public. In fact, it has a history where a DPP almost succeeded with his illegal nolle proseque. Some NCC delegates such as Japhet Moyo have cited this example to justify limit to access of information. What a fallacy. One will recall the shallow reasoning advanced in refusing to disclose why that nolle proseque was entered. It was “state secret”. Finally, a state secret became public knowledge-Bulaya is today serving a jail sentence. How about the sad memories of the abuse of the Zamtrop account and eventually the mysterious acquittal of the concerned? Remember their refusal to account for the stolen $8M citing “state secrecy”. These are fresh and bitter memories that Zambians have to endure. Unfortunately, the rejection of this clause means nothing but a guarantee in increase of the aforesaid vices. Transparence and accountability will be compromised in disguise of state secretes.
By rejecting this clause, those in power have rejected the fact that they need to be held accountable and that they must be Transparent in their dealings. What a denunciation of the tenets of good governance.
The rejection of the clause means that all Acts of parliament that prescribe access to information will be repealed because every law inconsistent to the constitution is null and void to the extent of its inconsistence to the constitution. Think of the information bill. I have no doubt that Zambia needs the right of access to information now more than ever. But let Zambians choose a government they want in 2011.
