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No genuine freedom on silver platter – Sichinga

No genuine freedom on silver platter – Sichinga
By Noel Sichalwe
Saturday March 24, 2007 [02:00]

THERE is no genuine freedom that comes to people on a silver platter without much struggle and bloodshed, business consultant Bob Sichinga has said. And Oasis Forum chairperson Bishop Paul Mususu has said most politicians have no loyalty to principles and their ideologies. And many Zambians have expressed frustration at the government's delay in enacting the new constitution.

At a Press Freedom Committee of The Post public discussion on the constitution-making process on Thursday night, Sichinga, who is former Kafue member of parliament said no genuine freedom was a product of bequeathal from the powerful, the power holders to the governed. Sichinga said there was no genuine freedom that came to people on a silver platter without much struggle and bloodshed anywhere in the history of man's politics and governance. "All Zambians who seek change have deluded themselves that the goodwill and good naturedness of the President or his government was so good that they will cede power passed on the lackadaisical demand from a few disgruntled elements in the nation," he said. He said it was difficult to believe whether President Mwanawasa had formed the CRC with good intensions.

He said President Mwanawasa was only compelled by Zambians to initiate the process of having a new constitution. Sichinga said from the interaction he had with President Mwanawasa, there would be a lot of excuses as to why a new constitution should not be implemented. He said the excuses could range from floods and the problems in Zimbabwe as a way of delaying the process. "There is no genuineness by this government to finding a solution to this problems," Sichinga said.

"It is not even Parliament that will bring about this change. I have just come from there. During the election period, the constitution was not even a campaign issue. The constitution must have been the most urgent issue to address poverty when people campaigned last year."
He said despite having a new electoral Act of 2006, there were over 50 election petitions in court this year. He said people would as change as many members of parliament as possible but that there would be no development. Sichinga said at the moment, people should have agreed about the constitution, especially that there have been three successive CRCs in the past 20 years.

He said there was an urgent need to reform the legislature, judiciary and executive in order to balance the distribution of power. Sichinga said it was not possible for Parliament to pass genuine laws because they were all endorsed by the standing orders committee that comprise government ministers.

He said previously, members of parliament have presented media bills in Parliament but that they have not been enacted up to now because the government has opposed them. "Although on paper an MP can bring an Act, it will be shot down," he said. "That is why I am saying Parliament cannot bring about change." Sichinga said the President enjoyed powers to convene and dissolve Parliament and that these powers could be abused.

He said there was need to have a situation like in Ethiopia that allows the law to take effect four weeks after being approved by Parliament if the President resists to endorse it. He said under the current Constitution, there was no budget law that allowed the equitable distribution of budgetary allocation to enhance development. Sichinga said it was important to discuss the constitution matter with all stakeholders.

He said there was need to leave behind a legacy for the next generation and a good constitution for all Zambians. "The biggest problems with us Zambians is that we are too scared to stand up for what we believe in," he said. Bishop Mususu said the struggle for a new constitution needs the participation of all citizens. He said President Mwanawasa's statement that people would not eat the constitution was true but that the constitution would make people eat.

He said the constitution struggle was more agonising as compared to the ease with which the Chiluba third term bid was fought. He also reiterated that there should be no funding for political parties.

Bishop Mususu said currently there was no loyalty to principles and ideologies among politicians. He said what needed to be funded were constituencies. "How do you explain a situation where someone is in a nomination booth and receives a call that let someone who is popular stand instead of you?" he asked. He said after the dissolution of Parliament, there should not be anyone including the Vice-President who should remain enjoying tax payers money.

Bishop Mususu said there was need to put in place political systems that would continue.
He agreed with the fact that there was need to exert pressure on government but maybe not to the point of shedding blood, unless it was necessary. He, however, said in the spirit of dialogue, they could achieve much. Bishop Mususu said Oasis Forum was back and that they would commence the advocacy until a new constitution was enacted.

Law Association of Zambia president William Mweemba said the government was deliberately trying to delay the process of constitutional reforms. He said there have been two different Constitution Review Commissions (CRCs) that had recommended the same things regarding the contents of the new constitution. Mweemba said the government believed that it required a census and a referendum to change certain provisions of the constitution like Article 79 and part III that contained the bill of rights in order to enact a new constitution. He, however, said a census was conducted after 10 years and that the next census was expected in 2010. He said for now, the country recently held general elections and that the voters roll was well up to date and could replace the census exercise.

Mweemba said it was possible to go ahead with the constitution-making process without holding the census. He said the CRC had not recommended having a referendum but that Zambian people wanted a new constitution and that there was no need for a census.

One of the audience members George Mwanapabo from Catholic Commission for Justice Development and Peace (CCJDP) said President Mwanawasa promised to abide by the CRC recommendation and wondered how he has changed his mind. Mwanapabo said the Oasis Forum and Constitution Coalition 2008 submitted roadmaps but the government has not responded. He said President Mwanawasa has no political will to allow people have a new constitution. "Let us rise because we can only have it enacted through pressure," he said.

Another audience member Ireen Hapula from CCDJP Solwezi said there was a lot of taxpayers' money spent on the CRC and that all the stumbling blocks in having a new constitution should be removed to avoid losing huge sums of money. She said people were tired of talking and needed action.
Former Copperbelt University Student's Union (COBUSU) president Emmanuel Mwange said there was need for a constitution Jihad (struggle for constitution) as the only solution to having the constitution soon.

Mwange said the President should not look at himself as a king, or chief but as a chief servant of the people. "We need to resort to a constitution revolution from today," Mwange said. "We have continued to wallow in poverty because our leaders are enemies of the people. There is no need for anyone to give them the benefit of doubt. If we set Parliament on fire and fire on the street, don't you think we will change the situation? Let Oasis Forum come up with a common stance."

In response, Mweemba said no individual had the right to give Zambians a constitution. He said people needed to give themselves a constitution but they also required Parliament to be involved. He said recently NGOCC went to meet President Mwanawasa on gender issues but during that meeting President Mwanawasa raised the issue of the constitution. He said afterwards, NGOCC submitted a new roadmap on the constitution on behalf of Oasis Forum and they were now waiting for a response.

He said Oasis Forum made a deliberate decision to stop advocacy during the election period and that they would start working in the second week of April. Another participant Kondowe, a teacher agreed with the idea of a constitutional revolution. "We need war for us to have peace. Even KK, the people that were fighting colonialism shed blood for us to have this independence," he said. Kondowe said Europe had to go through wars to get rid of autocratic leadership and that was what people needed to do in Zambia.

However, James Lukuku said it was not about bloodshed that a new constitution would be achieved. Lukuku said the government should also have privileges and people should not undermine government's value. "Let's give them a chance," Lukuku said amidst shouts of disapproval from the audience. "Don't erase the value of government." Operation Young Vote president Guess Nyirenda reminded President Mwanawasa that "whatever goes up, comes down." Nyirenda said there was need for continuous pressure on the government until it yielded to the people's demands.

Labels: CONSTITUTION, PARLIAMENT, ROBERT SICHINGA

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