Sunday, September 23, 2007

PF shuns NCC

PF shuns NCC
By Lambwe Kachali
Sunday September 23, 2007 [04:00]

OPPOSITION Patriotic Front (PF) has turned down a request from the Secretary to the Cabinet Dr Joshua Kanganja to nominate names to be appointed as members of the National Constitutional Conference (NCC), saying doing so would be supporting a national fraud. In an interview, PF president Michael Sata confirmed receipt of a letter from Dr Kanganja addressed to the PF secretary general Edward Mumbi over the request.

Sata said PF would never subscribe to the NCC in its current state.
He said the government’s failure to listen to the people was a clear indication that the final constitution would not embrace the aspirations of the general citizens.
“It will be the most useless thing for us to be part of the MMD constitutional conference. In fact, President Mwanawasa should stop calling it a National Constitutional Conference because Zambians are not part of it. It is just a conference for MMD cadres. So why waste our time?” Sata asked.

He said after reading the contents of the NCC Act, PF noted outstanding and unresolved matters related to the NCC and the constitution making process.
“There is nothing to be proud about in their so-called NCC Act. You cannot expect a good document that is government driven. We wanted a people driven constitution as proposed by the civil society,” he said.

According to a letter dated September 19, 2007 obtained by The Post, copied to justice minister George Kunda, Dr Kanganja requested PF to nominate six persons that would be appointed as members of the NCC.

“As you are aware, the National Constitutional Conference Act No. 19 of 2007 is now in operation following the publication of statutory instrument No. 68 of 2007. The Act among other things establishes the National Constitutional Conference, which shall be the forum for the examination, debate and adoption of the proposals to alter the constitution, as contained in the draft Constitution submitted to the government by the Constitution Review Commission chaired by Mr. Wila Mung’omba,” the letter read in part.

“The composition of the National Constitutional Conference is specified under section (1) of Act. Section 4 (1) also vests the power to appoint the members of the conference in the Secretary to the Cabinet. However, the persons to be appointed as members must be nominated by the institutions, organisations or associations, which they will represent.”
Dr Kanganja indicated that since PF was part of the conference, it was important that it recognised its representation.

“As your party will be represented at the conference, I write to request that your party nominates six (6) representatives to serve on the National Constitutional Conference in accordance with section 4 (1) (b) of the Act. In making your representation, please note that the nominees must be Zambians and at least thirty per centum (30%) of them must be women as specified by section 4 (2) (b) of the Act,” stated the letter.

But Sata said he would not betray the people of Zambia over the constitution making process.
Sata said PF was aware of government plans to manipulate and give Zambians a bogus constitution.

In a letter to Dr Kanganja dated September 21, 2007 and also copied to Kunda, Mumbi stated that PF would not nominate anybody to embrace a national fraud.

“Thank you for the letter dated 19th September 2007 requesting us to nominate six (6) representatives from our party to serve on the National Constitutional Conference. The Patriotic Front notes that there are outstanding and unresolved matters that relate to the NCC and the constitutional making process itself. We have from time to time alluded to these matters but our efforts have not yielded anything,” the letter read in part.

“We would willingly be glad to be part and parcel of the process that embraces the views and aspirations of the Zambian people. The Patriotic Front will only support a process that is transparent, inclusive of stakeholders in order for them to own and accept their new constitution. NCC lacks the above ingredients of a true constitutional making process.

“The Patriotic Front therefore would only participate in the process once the issues raised by the many stakeholders are addressed. We would not subscribe to the process in its current state. In view of the foregoing, we cannot nominate anybody to embrace a national fraud. We wish to inform government that we shall not participate in your National Constitutional Conference.”

Sata said PF’s position on the constitution would not change as it was in line with the Oasis Forum and other civil society organisations which have vowed to boycott the conference.

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