Maravi

Levy and the Constitution

Levy and the Constitution
By Editor
Tuesday March 06, 2007 [02:00]

LISTENING to President Levy Mwanawasa speak at the Cathedral of the Holy Cross on Sunday, it is clear that Zambians will not have a new constitution during his time in State House. It was interesting to hear Levy complain that little progress had been or will be made on this issue of the Constitution because some busy bodies have chosen to politicise the matter when in fact it is him and his cronies who have politicised the constitution-making process by their words and deeds.

Levy on Sunday said that he had been deprived of the opportunity to write a constitution for the people of Zambia because of politicking. He said when Zambians elected him as President in 2001, he considered it a privilege to guide the nation into writing a constitution.

The Constitution is the supreme law of the land agreed upon by all Zambians concerning how they are going to be led and how the governors will govern. It is a people’s document, not an MMD or Levy’s document given to the people of Zambia.

That is why the preamble of the Constitution states: “WE, THE PEOPLE OF ZAMBIA, by our representatives, assembled in our Parliament, having solemnly resolved to maintain Zambia as a Sovereign Democratic Republic...do hereby enact and give ourselves this Constitution.”

This preamble clearly shows that the Constitution is not a preserve of one man, it is a people’s document. But Levy doesn’t seem to recognise this. That’s why it has not been possible for Zambians to give themselves a constitution as they desire.

Time and again we hear Levy proclaiming that he wants to give Zambians or leave behind a constitution that will stand the test of time. This is where the problem lies because Levy thinks that he will have to do Zambians a favour by preparing a constitution for them. That is why even the contents have to be slanted according was to his taste and approval.

However, it should be known to Levy that Zambians do not need a constitution from him as a benevolent act; they are entitled to one. Levy and his government are mere facilitators for Zambians to have this constitution. That is why Levy and his administrators will not use their personal money in facilitating for this constitution; they will use public money.

And talking about politicking the constitution making process, we can say that if there is someone who has politicised this process, it is Levy and his ministers. How can one explain Levy’s linking of the Constitution to floods that only occurred a few weeks ago as an act of God?

He says people should not talk of spending money on the constitution-making process when flood victims need monetary and material relief. Yes, our flood victims urgently require this relief but we do not see or appreciate why this should be linked to the progress on the constitution-making process especially that even long before the floods, Levy said the Constitution would be ready by 2009.

Yes, we have floods and many victims who need urgent attention. But have we heard Levy say that because of this calamity, no luxury Toyota Land Cruisers will be purchased for his ministers? Has Levy suspended any expenditure to provide for the flood victims? And what sort of relief has been given to our flood victims?

The biggest problem here as we see it is that Levy sees himself as the one to prepare and deliver a good constitution to the people of Zambia. When he was elected in 2001, Levy promised to deliver the Constitution as quickly as possible because it was an urgent matter.

This did not happen. And when he was re-elected last year, he talked about delivering it in the next two years. It is clear that this issue of the Constitution is fast becoming a mirage because our leaders conveniently think they have to deliver it at their own appointed time and in the manner they deem fit.

But if we are saying that the Constitution must reflect people’s desires and feelings then time must be of essence. The people’s desires and feelings were expressed through the Wila Mung’omba Commission but these desires and feelings have come to nothing as nothing has been implemented.

We have a situation like this because our leaders do not recognise that the people are the bosses. The relationship that these leaders create when they are put in power is not right. The people elect a leader to preside over their affairs and give such a leader their taxes to spend on their behalf on activities that are for the common good.

But what do we see? We usually see a leader who believes that he is the boss and it is he and his cronies who must spend the people’s money as they want.

Zambians need a constitution at properly regulate the relationship between the governors and the governed. There is a link between people dying from hunger as a result of floods, cholera, malaria and other public health calamities and the lack of a good constitution. The lack of a good constitution denies the people a voice in the way they are governed.

But it appears Levy will clutch at every straw in order not to do his duty. However, Levy should know that people are not asking him to do them a big favour by facilitating the quick process to the realisation of a good constitution for Zambians and by the Zambians.
We appeal to Levy to exercise political will because it is the lack of this will which has stalled the progress on the constitution-making process.

And Levy knows this. What we have said above is not new to him especially that he is a lawyer of very high standing. Progress has not been recorded in this matter because Levy has personalised the process for personal interest.

He wants to prepare a constitution for Zambians in the manner that serves him best and not in the manner that best serves the people of Zambia. If Levy had no personal interest in this matter, Zambians could have had a new constitution during Levy’s first two years in State House.

We do not want to dwell on the question of finances because we feel that this issue has been adequately debated in the past. For now, we just want to remind Levy that he is not the one to give Zambians the Constitution. Zambians will give themselves a constitution and he should not stand in their way by offering excuses that have no legs to stand on.

Labels: CONSTITUTION, EDITORIAL

posted by MrK @ 5:51 AM