Maravi

Referendum will delay constitution - Gen Tembo

Referendum will delay constitution - Gen Tembo
By Masuzyo Chakwe and Chibaula Silwamba
Monday June 18, 2007 [04:00]

FORMER Republican vice-president Lieutenant General Christon Tembo has said the proposed referendum on the constituent assembly will delay enactment of the new constitution. And veteran academician and lawyer John Mwanakatwe has advised President Levy Mwanawasa to work closely with civil society and be the first president to give Zambia a people-driven constitution.

Lt Gen Tembo said the proposed referendum was not necessary at this stage.
He suggested that the government should convene a meeting at which all stakeholders should harmonise their positions on how a constituent assembly could be effected instead of going for a referendum.

"A referendum will delay the process of enacting the constitution," said Lt Gen Tembo.
He said although some stakeholders might differ, the meeting would help them harmonise their positions.

"In my view a referendum is not necessary, it might not be possible. There has been sufficient discussion by all stakeholders and what we should look at now is the setting up of the constituent assembly," said Lt Gen Tembo.

"We are spending more time discussing the mode of adopting the constitution instead of the constitution itself."

And in a separate interview, Mwanakatwe said President Mwanawasa was better placed today to give Zambians a lasting constitution.

He said there was no leader in the world who had succeeded by confronting the majority of the people.

Mwanakatwe said the most successful leaders in the world were those who worked in harmony with their people.

He said the country was at the moment in a state of confusion over the constitution making process.

"The commission dutifully and faithfully carried out its mandate; they went round the country to obtain views and suggestions on the review of the constitution from the people. To my knowledge, the Mung'omba Constitution Review Commission visited practically every district in the country after people had been sensitised in order to obtain their views so that for the first time, the people of Zambia would eventually get a people driven constitution," he said.

"In short, I see that there should be no problem on the constitution review process at all. The matter is simple and straightforward; the recommendations of the Mung'omba Constitution Review Constitution should be carefully considered because their report clearly showed that they gave careful attention to representations of the people," he said.

Mwanakatwe said the way forward was to get parties together in an effort to harmonise the conflicting views taken by the civil society and government.

"I think and I have prayed hard that in the near future, a number of respected and knowledgeable citizens will intervene so that civil society and government's view points can be harmonised," he said.

Mwanakatwe said the difficulties envisaged by the government could be overcome once a consensus was reached with other stakeholders.

According to the Mung'omba CRC, an overwhelming number of petitioners submitted that the constitution should be adopted through a constituent assembly, a constitutional conference or a body with broad representation while others submitted that it be adopted by the National Assembly or a national referendum.

The commission recommended, among others, that: the constitution should be repealed and replaced; the constitution should be adopted by a constituent assembly followed by a national referendum.

"The constituent assembly should be composed of elected district representatives, all parliamentarians and representatives of various interest groups," reads the CRC report in part.

"The method of review of the constitution, including the constituent assembly, should be given legal effect by an Act of Parliament laying down the processes and procedures, allocating the necessary resources, as well as stating the composition and functions of the constituent assembly."

Labels: CHRISTON TEMBO, CONSTITUENT ASSEMBLY, CRC

posted by MrK @ 3:39 PM