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Hundreds of Mpulungu residents yesterday flocked to Mpulungu High School in a bid to obtain themselves National Registration Cards (NRCs) in the ongoing mobile issuance of registration cards.
The residents, mostly youths who started assembling at the mobile registration center from as early as 06:00hrs were by 08:00hrs still found patiently waiting for the registration officers to begin the exercise.
District registrar David Simfukwe said the issuance of NRCs in Mpulungu central had been long overdue, adding his officers were geared to conduct the exercise.
Mr Simfukwe said the aim was to capture as many citizens as possible.
He has appealed to Mpulungu residents to turn up in large numbers to obtain NRCs.
THE dismissal of an application for judicial review against Director of Public Prosecutions (DPP) Chalwe Mchenga’s decision to withdraw an appeal challenging former president Frederick Chiluba’s acquittal does not come as a surprise.
man of the moment...Director of Public Prosecutions Chalwe Mchenga (l) listens Justice deputy Minister Todd Chilembo after launching a lift at the ministry of justice
This is because the issues raised centre around the powers of the DPP, which are enshrined in the Constitution and on the separation of powers, which are an embodiment of constitutional democracy and governance.
Patriotic Front (PF) Munali Member of Parliament Mumbi Phiri, through her lawyer Wynter Kabimba, had sought an order of certiorari to quash the DPP’s decision to withdraw a notice of appeal against the acquittal of Dr Chiluba on theft charges.
This was in so far as the withdrawal purported to decide or suggest that the public prosecutor could not exercise a right to appeal the judgment of a subordinate court in a criminal matter by himself and/or without express authority of the DPP.
But High Court Judge Justice Phillip Musonda threw out the application, which he said was ill-fated from the very beginning as it was seeking an order from the court to force the DPP to appeal.
According to Justice Musonda, the application flew in the teeth of the Constitution and in particular Article 56(5) that confers powers on the DPP to function to the exclusion of any other person or authority.
Furthermore, it was an attempt at blurring the separation of powers on which constitutional democracy was anchored because the court was being asked to reach a decision that would amount to judicial legislation.
In the court’s view, the legislative authority lies in Parliament, while on its part, the court’s role is to interpret the laws as they are. “It (the application) was an action based on a serious misunderstanding of the judiciary’s role in constitutional interpretation. One of the foundational values of the rule of law is that the judiciary should interpret the law without fear or favour no matter whether the judiciary agrees with that provision or not,” said Justice Musonda.
Which is precisely why in an application for judicial review, the court is careful never to substitute its own opinion or of individual judges for that of an authority constituted by law to decide on matters in question.
The remedy of judicial review is concerned principally with reviewing, not the merits of the decision but the decision-making process.In which case the court will primarily concern itself with whether a person or particular authority acted ultra or intra-vires.
Has the decision maker acted within his powers? Does the decision-making process entail the application of natural justice? Those are questions the court will ask. If the person or body acted within jurisdiction, respecting the demands of natural justice, the courts will not interfere with the decision; even if the decision was in some respect wrong.
In the Mumbi Phiri application, the grounds for judicial review were that the withdrawal of the appeal was an illegality and wednesbury unreasonable. Illegality to mean that the decision-maker did not understand correctly the law that regulates his decision and failed to give effect to it.
Wednesbury unreasonableness (also referred to as irrationality) applies to a decision, which is so outrageous in its defiance of logic or accepted moral standards that no sensible person who had applied his mind to the question to be decided could have arrived at it.
The decision has to be “so absurd that no sensible person could ever dream that it lay within the powers of the authority” Because of this the standard of reasonableness imposed by the courts is high.
Now, in the case of the DPP, it is within his authority to under Article 56 (3) as the person charged with the administration of criminal justice to institute or undertake, take over and continue or discontinue proceedings or appeal.
In order to exercise his functions, the DPP enjoys sovereignty. He is not obliged to consult anyone not even the Attorney General. Article 56(7) states that he may bring a case to the attention of the Attorney General and may act accordingly but this is discretionary, it is not mandatory.
He has a right to make a decision whether right or wrong, that is his constitutional mandate. In his deposition the DPP said (and even when he was not obliged to explain) he was satisfied that the appeal was unlikely to be successful. Many may disagree with him but would that amount to absurdity?
The court said the DPP was merely exercising his powers under the Constitution and as such could therefore not be wednesbury unreasonable.
Similarly, arguments that the notice of appeal purportedly lodged on behalf of the DPP on August 24, 2009 by public prosecutor Mutembo Nchito was binding because he acted as a delegate of the DPP could not hold.
Mr Kabimba had cited the case of the People v Julius William Banda where the court ruled that a police public prosecutor had authority to lodge an appeal on behalf of the DPP. He further argued that there were neither express nor specific instructions from the DPP to Mr Nchito to withdraw the appeal and that by withdrawing the appeal the DPP fell into error of law.
Admittedly, the constitution does permit the DPP, in the exercise of his powers, to do so himself or by a public officer or any class of public officers who will act with his general or specific instructions.
In this vein, Mr Nchito was an agent of the DPP but as Counsel representing the DPP and the Attorney General pointed out, under Section 86 of the Criminal Procedure Code, Mr Nchito was subject to the express directions of the DPP.
The position of the DPP has common law ancestry all through the Commonwealth and the reason behind the apparent discretionary power ‘overload’ is so that the DPP can be given such latitude to make independent decisions without undue influence from any quarter.Which is why he enjoys security of tenure under the Constitution. The DPP can vacate office upon attaining the age of 60. His removal on any question of incompetence, misconduct or inability to perform due to infirmity must be subjected to a stringent and laborious procedure.
The president has to appoint a tribunal consisting of a chairperson and not more than two persons holding high judicial office. The tribunal shall inquire and advise the president accordingly. The question the court asked is, if he Mutembo Nchito is an agent of the DPP, how then can an agent override his principal or a delegate of power overrule the delegator of that power?
“Can a minister to whom legislative power is delegate override the National Assembly, if it were so there would have been no committee on delegated legislation to scrutinise statutory instruments. In this particular case the public prosecutor would have power to override article 56(5) as he could be able to control the DPP. I find such reasoning disingenuous and contrary to the intention of the framers of our Constitution,” said Justice Musonda.
The court ruling seems to agree with some legal reasoning that in fact it was the Public prosecutor through the Taskforce on Corruption that had usurped and had all along been usurping the powers of DPP.
Finally, Zambia being a country of Constitutional supremacy every person and body without exception is subject to the Constitution. No one is above the law- the judiciary inclusive.
The same Constitution is categorical and extensive that no person or authority should interfere in the exercise of the DPP’s power. Neither the court nor any other body has the power to interfere with the work of the DPP. Hence Justice Musonda’s comment: “The DPP has power, which cannot be questioned by a court of law to terminate proceedings … how then can the court question his decision not to appeal? Whether the DPP powers to institute or terminate criminal proceedings–which cannot be interfered with-are under pinned by legal, logical or constitutional necessity is not for the court to say.”
And if the problem related to the “over” broad independence granted to the DPP’s office that was not a matter for the Court to decide. Judge Musonda said it was up to the framers of the Constitution-the elected representatives of the Zambian people to deal with.
As for the courts the constitutional provision is clear and unambiguous. “To reach the other decision will amount to Judicial legislation and will violate Article 62 of the Constitution which lodges legislative sovereignty into parliament. If the court ignored the law, that will amount to “judicial tyranny”. If the court as guardian of the Constitution violates the Constitution what will stop other organs to violate the constitution and other laws. Where the law ends, tyranny begins”
The court is always mindful about the parameters in so far as it can make judicial intervention in administration and what has come out clearly in this application for judicial review is that the court will shy away from substituting its view for that of the administrative authority. Above all, the court will always guard jealously its judicial independence.
THE National Constitutional Conference (NCC) delegates have been advised to be judicious as they vote on the 50 per cent plus one clause tomorrow because of the provision’s cost implication and its potential to cause chaos.
And Home Affairs Minister, Lameck Mangani has accused Patriotic Front (PF) leader Michael Sata of having grown cold feet because he knows that President Rupiah Banda has become more popular in various parts of Zambia.
Leadership in Development executive director, Moses Kalonde and MMD Eastern Province chairperson, Kennedy Zulu said separately yesterday that the commissioners should take the interest of the nation first.
Mr Kalonde said in a statement in Lusaka that the delegates should be cautious because 50 per cent plus one threshold for a winning president was dangerous and difficult for one presidential candidate to attain.
“The 12 million Zambians have put all their trust in them as delegates. They ought to know that this document, which will be produced, is a very important one,” he said.
He said it was expensive to conduct a rerun in an event where no candidate emerged winner adding that such resources could better be channeled for other development projects like building schools and clinics.
Commenting on the issue from Chipata, Mr Zulu said Mr Sata should not be in the forefront championing the 50 per cent plus one clause because he had refused to be part of the NCC.
Mr Sata was yesterday quoted as saying that the 50 per cent plus one clause in the Constitution is the only way to stop President Banda from dubiously winning the 2011 presidential elections.
The NCC delegates are tomorrow expected to vote on the matter after they failed to reach a consensus last Thursday.
But Mr Zulu said the country should continue with the simple majority system or first past the post because the 50 per cent plus one system could create chaos in Zambia.
He said the delegates to the NCC should drop the 50 per cent plus one clause and should not listen to people who wanted to rush to State House at all cost. Mr Zulu said the commissioners should be wary of people like Mr Sata who wanted to ride on the clause.[quote]
In an interview in Lusaka yesterday, Mr Mangani charged that the 50 per cent plus one clause for the election of the Republican president did not guarantee democracy and wondered why Mr Sata had all of a sudden grown cold feet despite his claims that he was popular.
Mr Mangani said it was a well-known fact that Mr Sata was scared of President Banda and was now crying the loudest about the 50 per cent plus one clause.
Mr Mangani said the clause could injure both ways and wondered why some critics who did not want to be part of the NCC were now trying to mislead the public by making them believe that the 50 per cent plus one clause was the best model.
He said unwarranted attacks on President Banda would not deter him from delivering on his campaign promises and it was for this reason Mr Sata was now trying to use the 50 per cent plus one threshold to win public sympathy.
Fishing boats Mpulungu at HarborA BITTER dispute over land has erupted between senior chief Tafuna of Mpulungu and Mbala Municipal Council.
Senior chief Tafuna has since written to Northern Province permanent secretary Mwalimu Simfukwe to compel the District Commissioner and the Town Clerk for Mbala to appear before him (chief Tafuna) within 14 days.
In an interview, senior chief Tafuna’s personal representative Chomba Sikazwe alleged that the DC and the Town Clerk for Mbala have grabbed his land located between ZAF (Mbala) and Maround compound.
Mr Sikazwe further alleged that the two government leaders had even gone ahead to allocate plots on the said piece of land and had been claiming that they legally obtained the land in question from the senior chief but have failed to present documents to confirm how the piece of land was issued to them. He said the senior chief suspects that the piece of land might be used for personal benefits.
typhoidTyphoid has broken out in Luanshya and one person is reported to have died while 25 others have been hospitalized.
Luanshya District Health Environmental Technologist Raymond Mukonde disclosed the development during an urgent epidemic preparedness committee meeting held in the District Commissioners office on Jan 15th.
Mr. Mukonde said Roan hospital has 9 cases while Luanshya mine hospital has 19 adding that Thomson hospital has no facilities to diagnose typhoid.
He, however, said that there were two suspected cases at Thomson hospital.
He said that epidemic is likely to spread to all the parts of the district if Kafubu Water and Sewerage Company does not chlorinate and repair the leakages on their supply pipes.
Mr. Mukonde said his office had carried out tests on samples of tap water in the affected areas of Mpatamatu and Roan townships and discovered that the water was not fit for human consumption because it had bacterial contamination.
And Luanshya mine hospital chief medical officer Dr. Borniface Zulu said the water utility company should strengthen chlorine dosages, unblock sewer lines and repair leaking pipes to avoid the spread of the disease.
Luanshya District Commissioner George Kapu said there was need to sensitize residents in the district over the need to boil and chlorinate their drinking water.
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President Rupiah Banda has left the country for Kigali, Rwanda where he is due to hold talks with that country’s President Paul Kagame.
The two Presidents are expected to discuss issues concerning the security in the Great Lakes Region.
President Banda left Lusaka international Airport at 14:50hours aboard a presidential challenger and was seen off by Vice President George Kunda, Service chiefs, Cabinet Ministers, government officials and MMD carders.
President Banda, who is Chairman of the International Conference on the Great Lakes Region (ICGLR), will meet President Kagame as part of his final consultations on the security situation in the Great Lakes ahead of the African Union (AU) ordinary summit of Heads of State and Government scheduled for month end in Addis Ababa, Ethiopia.
The President is expected to present a report to the summit on the security situation in the Great Lakes Region.
President Banda and his delegation are expected to return to Lusaka after the meeting with his Rwandan counterpart, which is scheduled for Monday.
Last Friday, President Banda held similar consultative talks with His Excellency, Mr. Joseph Kabila President of the Democratic Republic of Congo (DRC) in Maputo, Mozambique.
And while in Maputo, President Rupiah Banda observed that continued political squabbling in Zambia might retard national development if it is not stopped soon.
President Banda said Zambians should avoid spending more time on arguing about politics but should instead work hard and plan towards economic development.
He has therefore urged Zambians to unite on issues that relate to national development regardless of their political party affiliations.
He told ZANIS in Maputo last week that Zambia and her citizens should mature politically by concentrating on developing the country and avoiding politicking at the expense of development.
A DISCONTENTED member of the Patriotic Front (PF) has left the opposition political party and condemned its president Michael Sata’s statement that he will re-nationalise companies that are being privatised.
Mubanga Chileshe said such statements could cause consternation in the private sector and among potential investors.
Mr Chileshe, who announced his resignation in a statement to PF secretary general Wynter Kabimba, urged Mr Sata to desist from inflammatory statements against investors because that could stir economic instability.
Mr Chileshe was beaten with Samson Zulu on June 5, 2009, by suspected PF cadres and bundled into a motor vehicle in the middle of a press briefing they held to question the party’s policies.
He wondered what would stop Mr Sata from re-nationalising the mines if he could talk of reversing the engagement of a strategic partner in Zamtel.
He said Zamtel needs to be revitalised through the engagement of such a strategic partner.
“MTN and Zain are new on the scene, but they are doing far much better than Zamtel. We don’t need to sell it off completely, but it’s necessary that a strategic partner comes in to boost the operations of Zamtel,” Mr Chileshe said.
He said it is unfortunate that Mr Sata is talking about the re-nationalisation of state enterprises at a time the mines are just recovering from an expedited privatisation process.
Mr Chileshe wondered what solution Mr Sata would offer to issues arising from privatisation when he was Minister Without Portfolio when then President Frederick Chiluba’s administration started the privatisation of state enterprises.
“The mines are just recovering from a rushed privatisation during which Mr Sata was Minister without Portfolio and Mr Hichilema (United Party for National Development president) was a consultant on privatisation. How can he say that he has a solution to privatisation?” Mr Chileshe said.
He said Mr Sata should have challenged privatisation when he was in Government because his position was as good as de facto vice-president.
Mr Chileshe urged politicians to be careful with the statements they make on national issues.
Meanwhile, Mr Chileshe said he has decided to leave PF because there is no commitment from the party leadership to addressing alleged escalating violence.
He said the recent harassment of a party member, Oppa Hamiyaza, by suspected PF cadres when he was expressing divergent views on Mazabuka FM was evidence of growing intolerance in the party.
Mr Chileshe said the press briefing he co-hosted with Mr Zulu was in good faith because they wanted the PF to address certain issues so that the party forms the next government.
“I had the democratic right under the Zambian constitution to express myself over these concerns. Unfortunately, this resulted in my being beaten, assaulted and kidnapped in front of cameras and full view of journalists and police officers,” Mr Chileshe said.
At the press briefing, Mr Chileshe and Mr Zulu voiced out the need for the PF to have a national convention and make amendments to party constitutional provisions, which they feared are allegedly undemocratic.
In reaction to Mr Chileshe’s resignation, Mr Kabimba urged Mr Chileshe to go and partner with a party that has no rules.
Mr Kabimba said he has never known an organisation that accommodates people who betray its cause or rules.
He said the PF was not undemocratic as Mr Chileshe was claiming, because if it were, it would not be growing and winning elections.
Mr Kabimba said PF is the only political party that is growing and the public has growing interest in it.
He said the PF will be holding a general conference before the end of this year to elect national leaders in a democratic manner.
The conference will follow elections from the section up to provincial level.[quote]
Mr Kabimba said he released party election rules a few days ago for the lower organs to follow.
He supported Mr Sata’s statement that the party will re-nationalise Zamtel if it comes into power.
Mr Kabimba said the PF supports privatisation which benefits the people.
And in an interview yesterday, Mr Chileshe said the PF is not short of leaders for Mr Sata to court Mr Hichilema for presidency if he wanted to hand over power to a younger person.
Mr Chileshe said the PF-UPND pact will crumble because their memorandum of understanding (MoU) does not state how they will share Government positions if elected into power.
He said there is no guarantee that if one wins, he will appoint the other as vice-president if that is not enshrined in the MoU.
POLICE in Livingstone have arrested and charged Sun International Zambia resort facilities manager Dean Pitt for allegedly using abusive language against staff at the hotel.
Southern Province Police Commanding Officer Lemmy Kajoba said yesterday that Police summoned Mr Pitt to Linda Police Station and a statement was recorded from him.
“I can confirm that Mr Pitt was called to Police after which a statement was recorded. He was charged for using abusive or insulting language. The matter goes to court next week,” he said.
Mr Pitt, too, confirmed in a telephone interview that he was called to the Police Station in relation to confusion and alleged use of insulting language to staff at the resort last Wednesday.
“Yes I can confirm but am not in a position to give any details because I have to sort out issues with management now,” he said.
The resorts assistant financial manager David Chisupa said in a separate interview yesterday that the insults were allegedly uttered after some workers went into a frenzy when a snake got into one of the offices.
“Many are the afflictions of the righteous, But the LORD delivers him out of them all”
(Psalm 34:19, NKJ)
TODAY’S WORD from Joel and Victoria
Aren’t you glad we serve a Deliverer today? You might feel afflicted today, but God is working to bring you out of that difficult situation. It may not be in the way you thought, but you have to trust that God has your best interest at heart.
Afflictions can take on many forms—a sickness or hardship, a temptation, a coworker or family member. There are so many things that can come against us, but God promises in His Word that no weapon formed against us shall prosper! Those afflictions are only temporary. Stand in faith today believing that God is on your side. Remember, you and God are a majority. It doesn’t matter what your circumstances look like, get up every morning and say, “This is the day that the Lord has made, I will rejoice and be glad in it.” As you stand and trust the Lord, He will deliver you out of all your afflictions, and you’ll see His hand of blessing in every area of your life.
A PRAYER FOR TODAY
“Father in heaven, thank You for being my Deliverer. I trust that You have a good plan for me and that You are working behind the scenes on my behalf. Thank You for Your strength and peace in every area of my life. In Jesus’ Name. Amen.”
Patriotic Front president Michael Sata has re-stated that that his party has never been against the Chinese investment in general.
Mr Michael said his party is only concerned with the conditions of service the Chinese offer to the Zambian workers.
He said that though Chinese investment could be encouraged, the investors from that country should respect Zambian laws.
Mr. Sata says that Zambian workers have continued to be paid low wages at the expense of the so called investment.
Mr. Sata also said in an interview with QFM that government should not be boasting about opening new mines.
He noted that what the government is simply doing is only recycling old mines and not opening news ones.
Mr. Sata further stated that if Luanshya Mine was sold on principle other than through corruption means, it would not have been changing ownership.
He has advised government to engage in proper management skills in the selling mines other than through corrupt means.
QFM
The case of the gay couple that have decided to co-habit publicly in Malawi is interesting. Homosexuality in Malawi is a criminal offence and so it is in Zambia. Amnesty International publishes a world map where they colour red any country in which there are human rights abuses. Zambia is in red, not because of political prisoners but because it criminalises homosexuality.
Many developed countries no longer consider homosexuality as a criminal offence but consider this as a human rights issue. Africans tend to be conservative and traditional on this matter and many of the readers will find the practice ‘offensive’ and ‘barbaric.’ On top of this, Zambia, has declared itself a ‘christian nation.’ There is no doubt that once this issue is brought up, there will be many who will come up with an arms length of Biblical quotations in support of the ban against the practice.
Let me make it clear from the outset that I have no doubt in my mind that homosexuality is un-natural. Indeed I go further to say that its practice is morally wrong. But, what I question is whether it constitutes a criminal offence. There are at least three main questions that should be considered before an act or practice is made illegal.
First: Is it an offence to persons?
Second: Is it destructive to property?
Third: Is it an offence to the State, i.e. does it interfere with governance?
I may be mistaken, but nearly every good law must fall into one or more of theses categories. There are many things that are morally repugnant but they are not criminal offences because they fall outside these principles. Adultery is morally wrong and illegal and rightly so, because ‘another’ person is offended. So are slander, abortion and murder. Libel is an offence against a person by attacking his character. Theft is illegal too because it concerns property and persons. Treason is offence against the State. There are some illegal practices that one would not classify as immoral. For example, drink-driving and over-speeding, but there is a potential to harm another person.
So, coming back to homosexuality, can it be classified as a criminal offence? The practice is arguably immoral but should the taxpayer’s money be spent on taking these people to court and incarcerating them in prison for something that they have no natural power to overcome on their own and is between mutually consenting adults? Wouldn’t resources be better spent to understand why people come to have this alternative sexual outlook? Homosexual practice is a moral issue that one has to answer to in their heart and before their Maker.
I do not think that the State should get involved in this. It may not be long before Zambia is in the world news again with another ‘comedy of errors’ trial, just like Malawi. In actual fact, it may be that the law enforcers in Zambia are casting a blind eye to this ‘breaking of the law’ going by the Vice President Rt. Hon. G. Kunda S.C.’s statement to the House of Parliament. Homosexual practice is rife in Zambia. Issues of sexual health are not adequately tackled if we hide our heads in the sand and pretend that this does not happen. There may be a case to revisit this archaic colonial law and expunge it from our statutes.
Frederick Chiluba in The Syagogue, Church Of All Nations in Lagos, Nigeria recently .
THE Supreme Court has set February 11 for the ruling in a preliminary matter in which former President Frederick Chiluba is challenging the enforcement of the London High Court judgement in the Zambian courts.
In the preliminary matter, Dr Chiluba, through his lawyer John Sangwa, is questioning whether the Zambian laws allow for a foreign judgement to be enforced in the country.
Dr Chiluba appealed to the Supreme Court after High Court judge Evans Hamaundu refused to hear the preliminary matter, stating that the court could only hear the issue together with the main case.
The former President is asking the Supreme Court to make an order to force the lower court to hear the preliminary matter.
The bench comprised Deputy Chief Justice Ireen Mambilima, sitting with justices Dennis Chirwa and Sandson Silomba.
Mr Sangwa told the court that he will rely on the heads of argument as grounds of appeal.
Solicitor-General Abyudi Shonga also submitted that he will rely on the heads of argument.
Two years ago, London High Court judge Peter Smith reduced damages against Dr Chiluba to US$57.4 million from the US$58.3 million he was earlier ordered to pay the Zambian government in connection with the Zamtrop and BK conspiracies, and for the breach of fiduciary duty.
And the case involving Minister of Education Dora Siliya has been adjourned to February 17, 2010.
The appellant’s lawyer, Bonaventure Mutale, told the court that the record of appeal was incomplete and asked for more time.
A tribunal was appointed to probe alleged breach of the Parliamentary and Ministerial Code of Conduct Act by Ms Siliya at the time she served as Minister of Communications and Transport.
Ms Siliya was found with no case to answer on all the charges, which judgement former Minister of Communications and Transport William Harrington is appealing against.
Meanwhile, the matter in which directors of the defunct Access Financial Services Aaron Chungu and Faustin Kabwe have appealed against a High Court judgement in which they are seeking the disclosure of a memorandum of understanding between the Task Force, Government and donors comes up on February 17, 2010, for hearing.
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.
