Levy has no intentions to differ with Zambians - Teta
Levy has no intentions to differ with Zambians - TetaBy Brighton Phiri
Tuesday April 17, 2007 [04:00]
MMD spokesperson Benny Tetamashimba has said President Levy Mwanawasa and the party had no intention of differing with the people of Zambia on the constitution making process. Reacting to the Oasis Forum's declaration of a constitutional war against President Mwanawasa over the constitution making process, Tetamashimba, who is also works and supply deputy minister, said when President Mwanawasa appointed the Constitution Review Commission (CRC), he wanted to know what the people wanted.
"The MMD wishes to respond to the deliberations of the Oasis Forum and the NGOCC on their meeting at Mulungushi International Conference Centre. First and foremost, President Mwanawasa SC, and the MMD have no intention whatsoever to differ with the people of Zambia on the constitution-making process because the constitution will not be for MMD or President Mwanawasa, but for the people of Zambia," Tetamashimba said.
"On the CRC report, the MMD-led government has accepted the decision of the people that they wanted to make a constitution through the constituent assembly themselves."
He said Zambians stated clearly that they did not want government to prepare a white paper as was the case under Dr Kaunda and Frederick Chiluba.
Tetamashimba said the people's position on a constituent assembly should never be ignored by anybody.
"The people of Zambia again categorically stated that they did not have faith in the National Assembly or Parliament making a constitution for them as they wanted to participate themselves through a constituent assembly by electing people specifically to make the new state law," he said.
Tetamashimba explained that in its roadmap, the government had accepted the people's demand for a constituent assembly and that it had since proposed that there be 150 elected members of parliament, 150 elected people's representatives, one from each of the 150 constituencies, who should be elected on gender basis.
"This means that for North Western province where there are 11 male members of parliament and only one female, there will be 11 elected women for the constituent assembly and only one male from Zambezi East," he said.
He advised Zambians to realise that the shortest way to having a new constitution would have been to allow Parliament to do the amendments and put up a draft constitution on the basis and intentions of the people through the CRC recommendations.
"It is possible for the MMD-led government to give the Zambian people a constitution without a referendum and constituent assembly, but the people don't want this line of constitution making," Tetamashimba said.
Tetamashimba disclosed that at their meeting at State House, NGOCC asked President Mwanawasa to consider the councillors throughout the country to be the ones to represent the people instead of an elected constituent assembly.
He wondered why the Oasis Forum believed councillors could form a constituent assembly instead of members of parliament.
Tetamashimba said in his letter to NGOOC, President Mwanawasa stated that the constitutional issues should be done constitutionally and that the Oasis Forum and NGOCC should provide suggestions on how to go about it in respect of attending to constitutional issues, not abrogating them.
"Let the Oasis Forum and NGOCC advise government on how to go round these constitutional issues," he said.
He accused the Oasis Forum and NGOCC of supporting opposition political parties.
Tetamashimba asked the Oasis Forum to recognise the fact that the MMD and President Mwanawasa were mandated to govern the nation.
"The people made a choice and let it be respected," he said. "If the people of Zambia want a new constitution in even shorter weeks than the 71 weeks, they need to allow Parliament to make amendments to the Constitution so that we proceed," Tetamashimba said.
He said the Oasis Forum could not claim to be the people's voice as the people elected their voice in members of parliament in September 2006.
"Let other stakeholders and interest groups like the Oasis Forum and NGOCC accept to allow Parliament to amend necessary clauses so that they participate in following what the people stated through the CRC, although government wants to give Zambians what they want, a new constitution through a constituent assembly," he said. "As far as the MMD is concerned, the constituent assembly was to have a specific legal mandate of the people of constitution making, which currently is partially enjoyed by the members of parliament and not the councillors, whose mandate is to make by-laws and not laws, which are a preserve of the members of parliament."
He asked Oasis Forum to suggest how a constituent assembly Bill would be and how the Bill, in an event of the constituent assembly Bill failing to take off, could have Parliamentary powers reverted to the House.
Tetamashimba said President Mwanawasa's letter to NGOCC, challenged the civil society to explain how to deal with the constitutional issues, which he swore to uphold.
"The Constitution can't be changed lest he wants an impeachment, especially that in 2001, Zambians refused president Chiluba to change the constitution," Tetamashimba said. "Can the Oasis Forum and NGOCC explain to the Zambian people the following Articles; meaning: Article 62 and 79, Article 79(3), 79(5) (b).
If the Oasis Forum, led by a lawyer and the NGOCC and other groups including political parties that believe that our stand is not on the strength of the law, we advise them to challenge the contents of His Excellency's letter through the courts of law so that the court can tell us of the correct interpretations of the clauses for which we have a fear as a government of laws not to break."
Tetamashimba asked the government to publish President Mwanawasa's letter to NGOCC so that the people could see who was following the law and had the interest of the people to make a constitution for themselves.
Labels: BENNY TETAMASHIMBA, CONSTITUTION, CRC
posted by MrK @ 3:48 AM
2 Comments:
Tetamashimba achepa sana compared to VJ and that's why I say the time is ripe to put pressure on Levy as he will not be able to withstand the heat after all he has no VJ to advise him...
I have the opposite view am afraid. I do think Teta here makes a compelling case aside from a couple of holes. His argument that it is simpler and CHEAPER to do it via Parliament makes sense to me. A constituent assembly idea was always going to be protracted. People were too cautious in my view to call for such. We went from one extreme (of FTJ's henchment sitting down and dictating things) to another extreme (of Civil Society coming up with the most expensive and potracted of suggestions).
Just my thoughts!
A middle course is needed.
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