Maravi

Taking part in NCC is a waste of time - Mwenye

Taking part in NCC is a waste of time - Mwenye
By Brighton Phiri
Friday September 28, 2007 [04:00]

IT will be a waste of time and national resources to participate in the National Constitution Conference (NCC) in its current form, Law Association of Zambia (LAZ) secretary Musa Mwenye said yesterday. In a telephone interview from London, Mwenye said the current framework of the NCC had not been handled with the sensitivity and consensus which should accompany the constitution-making process.

"I have been away for almost a month now. I am aware that LAZ will be meeting on Friday (today) to make its stand on the NCC.

I am confident that whatever decision the association will take will be made after a sober reflection on the long-term repercussion on the reputation and integrity of the association in the eyes of the ordinary members of society for whom we have always spoken.

LAZ has always been the bulwark of the defence of the rights of the defenceless. I am confident that there will be no difference this time," Musa said. "This association is yet to speak, but my personal opinion is that the current framework of the NCC has not been handled with the sensitivity and consensus which should accompany such process.

My prediction is that any constitution produced by the current process will have to be redone and therefore, will be waste of national resources."

Mwenye said in its current form, to participate in the NCC, would be in itself, to participate in wastage of the very meagre national resources.

He said it was clear that the composition of the NCC was engineered to favour the government so that they could use the two-thirds majority to their advantage.

"The people are also aware that amongst the representatives stated in the NCC are at least two representatives from the Zambia Intelligence Security Services. It does not require a rocket scientist to figure out that the mere knowledge that the intelligence officials' presence in the conference has a significant influence on the representatives, thereby advancing government's influence of the process," Mwenye said.

"The legitimacy of the constitution-making process is just as important, if not more important, as the substantive provisions of the constitution."

He said the current constitution-making process had been hurried and done without developing the needed consensus.
Mwenye said it was very clear that the vast majority of stakeholders would not accept the outcome of the NCC.

"It is, therefore, futile to participate in the process that does not have the confidence of the majority of the stakeholders. My hope is that those who possess the instrument of power will reconsider their stance on this process. Otherwise I am 100 per cent certain that we will have to redo this process at a great expense to the nation," he said.

In its submission to the Clerk of the National Assembly on the NCC Bill, LAZ stated that for the current attempt at constitution review to be successful it would be important to recognise that the legitimacy of the constitution making process was just as important, if not more important than the content of the constitution itself.

"To achieve the ends of an inclusive and legitimately people driven constitution-making process, the NCC Bill should in all its provisions endeavour to manage the public perceptions and instill confidence in the process by eliminating any perceived control of the process by the executive arm of government," read the LAZ submission.

"A piece-meal or two part approach to the review is undesirable because it has been tried before and has resulted in the manipulation of the process by the executive arm of government. The three-step process recommended by the Mung'omba Constitution Review Commission, which we fully subscribe to, requires the constitution adopted by the constituent assembly to be subjected to a referendum before it goes to Parliament.

"It is important that the constitution be approved by the people in the referendum before enactment in Parliament because it is the referendum that operates as an instrument to enable the Honourable members of parliament to enact the constitution without further debate.

Both the letter and spirit of the current Constitution of the Republic of Zambia shows that the supreme power of the Republic lies with the people and that this power is exercised by the people through the democratic institutions of the Republic."

And according to the LAZ extra-ordinary meeting agenda, the lawyers will today discuss whether or not the association should participate in the NCC.

Women for Change (WfC) executive director Emily Sikazwe asked LAZ to provide leadership and act in the best interest of the majority of Zambians.

"As the Law Association of Zambia holds the consultative meeting on whether to participate or boycott the NCC, Women for Change would like them to provide leadership and act in the best interest of the majority poor people in Zambia as it has always done," Sikazwe said.
"LAZ has been consistent in fighting for a good constitution and as Women for Change, we have respect for LAZ for that. Zambia needs a constitution that will stand the taste of time, a constitution that will ensure that no one is oppressed and a constitution that will ensure that all Zambians participate in national development processes.
"LAZ understands the consequences of the current NCC Act and as such, we will respect the stance that they will come up with.

We would like to advise LAZ not to be swayed by a few individuals, whom we know have the agenda of promoting government's stance over the constitution because of their selfish gains."

Labels: LAZ, MUSA MWENYE, NCC

posted by MrK @ 4:36 PM