Sunday, July 01, 2007

LETTERS - The Constitution

Debate on constitution
By Lawrence Nyambe Mongu
Sunday July 01, 2007 [04:00]

Ever since President Levy Mwanawasa appointed the CRC chaired by lawyer and banker Willa Mung`omba in 2003 to collect submissions from Zambians in order to come up with a new Republican Constitution, a fiery debate by citizens has been raging.

The history of constitution-making in our country ever since independence has been a sad one because we have failed to give ourselves a constitution that would facilitate economic development and bring about positive change in the standard of living of the people. This has been so because the parties in Government without exception manipulated constitutions to entrench themselves in power. Their focus was to stay in power at the expense of socio-economic development.

It is however pleasing to note that at long last, the ruling MMD appears to be willing to depart from the tradition of manipulating the constitution. Mind you, I’m using the word appears. The coming into being of the Zambia centre for Inter Party Dialogue (ZCID) is a good development. The creation of the summit of presidents and the ZCID board of trustees are both positive developments. However, while the chairmanship of his Honour Justice Chomba of the summit of presidents is an excellent idea, the same cannot be said of the chairmanship of Hon Katele kalumba of the ZICD board of trustees.
The constitution debate has created two camps and the ZCID is trying hard to narrow the differences of these two camps and bring them to a common position. Hon Katele Kalumba belongs to one camp (ruling party) and therefore the law of natural justice disqualifies him from chairing the ZCID board. Let us bring in a neutral person here. May be Bishop Joshua Banda, Bishop Joe Imakando or the retired Archbishop Merdado Mazombwe.

Let us enlarge the composition of the ZCID board by bringing in the Oasis Forum.

I am one of those who attended the ZCID/party leaders meeting at Cresta Golf View Hotel on 25th June, 2007 and I will reproduce what I said at that meeting.

I said that while we should commend the MMD for appearing to abandon the path of manipulation, we should not start celebrating because there could be booby traps ahead. My sentiments were based on the following observations.

In the communiqué issued at the end of the presidents’ summit meeting on 23rd June 2007, it was stated that government would present a Constitution Conference bill to Parliament to provide for the existence, composition and functions of the said Constitution Conference. Here lies the problem, here lies hidden the manipulative muscle of government.

What is likely to happen (it has happened before) is that prior to the proposed bill being debated on the floor of the House, the MMD mps who are in the majority will be called to a caucus meeting at State House, the result of which will be that the composition and functions of the Constitution Conference will be such that the interest of MMD will have been guaranteed.

We will have gone back to the days of manipulation and that is why I was warning of booby traps ahead.

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