Constituent Assembly to be decided by 50% - Kunda
Constituent Assembly to be decided by 50% - KundaBy Brighton Phiri
Friday June 08, 2007 [04:00]
Justice minister George Kunda said yesterday that the constituent assembly would only be established if 50 per cent of eligible Zambian voters cast in favour of it during the forthcoming referendum.
Addressing journalists at his office on the constitution-making process, Kunda challenged those calling for the constituent assembly to campaign enough to attain the threshold of 50 per cent of eligible voters during the referendum.
"If 50 per cent of the persons who are entitled to vote approve the constituent assembly, we shall go by that," Kunda said.
When asked whether government had taken into account apathy that characterised elections in the country, Kunda said Zambians were free to stay away from an election.
"One is free to stay away from an election. Apathy will not account because the law states that we must reach threshold in favour of the motion," Kunda said.
Kunda said Zambians were now free to campaign for or against the constituent assembly before the referendum.
"Those that are for the constituent assembly must campaign...after all they are saying government will be defeated during the referendum," Kunda said.
Kunda announced that finance minister Ng'andu Magande would in the next few days issue a gazette notice fixing the time period during which the director of Census and Statistics at the Central Statistical Office (CSO) would conduct a sample census.
He explained that the sample census would determine the number of persons entitled to be registered as voters for the purpose of the forthcoming referendum.
Kunda said government was gratified that most of the major stakeholders were preparing themselves for the forthcoming referendum.
"During the referendum interested parties shall be at liberty to campaign for or against the constituent assembly as per our democratic norms," Kunda said.
Kunda said the Constitution Review Process Implementation Committee (CRPIC) would soon release a work plan for the activities to be covered this year.
He explained that apart from the census, the registration of voters would be conducted in accordance with the referendum Act.
"The referendum will then be held in order for the people of Zambia to decide whether amendments should be made to Articles 62 and 79 of the Constitution so as to introduce a constituent assembly," he said.
He disclosed that government would embark on sensitisation programmes through the Ministry of Information and Broadcasting Services.
Kunda said government was expected to spend about K202, 563, 823,000 as provided for in the national budget.
Among CRPIC members are permanent secretaries Getrude Imbwae, Emmanuel Nyirenda, Buleti Nsemukila, Police Commissioner Francis Kabonde, chief state advocate Dominic Sichinga and Electoral Commission of Zambia director Dan Kalale.
Civil society organisations have vowed to defeat government during the referendum and ensure that the constituent assembly was established in accordance with the will of the people.
Labels: CONSTITUENT ASSEMBLY, CONSTITUTION, GEORGE KUNDA
posted by MrK @ 5:20 AM
4 Comments:
MrK,
Please educated on this one.
Is there a legal basis for this "Kunda criterion"?
Is it stated anywhere in the Laws of Zambia that you have to have ELIGIBILITY above 50%. A law specifically aimed at apathy. This is not 50+1 even. He is talking about apathy with regards to a constituent assembly.
This is new to me...
typos typos!
"educated" should be read as "educate me" lol!
Apparently this issue is proving elusive. No one seems to know whether there's some justification to Mr Kunda's statement.
It gets better than that.
""If 50 per cent of the persons who are entitled to vote approve the constituent assembly, we shall go by that," Kunda said."
Fifty percent 'of the persons who are entitled to vote'? When was the last time 50% of the population voted on anything.
So if the writer quoted him correctly, he isn't even talking about 51% of the votes being in favour, but 51% of the entire electorate.
As to the laws that govern the Zambian parliament, I'm not the one to ask. :)
The 50 % marge is a draw and therefore Kunda's statement does not hold water! The eligible voters Kunda is ranting about could be 10 % of the entire population from which only 2% could cast their votes due to apathy, intimidation or unscrupulous tactics by the invisible force-that-be. Mwanawasa was elected to office with a less that 30 % marge and yet he was declared winner and even went to claim a second mandate despite suffering humiliating defeat in the urban areas. Again, in both cases, numbers were manipulated and used to convince the public despite protest that was quickly quelled. Before Kunda starts speaking of figures, he must first come up with a mathematical theorem that will convince the public and not rob them of their last hope to survival and good governance. I am glad he has brought numbers again in this regard, so let all of us take out our calculators and do some sums! This time around we have been forewarned !
slm
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