Maravi

Mpombo's U-turn

Mpombo's U-turn
By Editor
Saturday June 14, 2008 [04:00]

DEFENCE minister George Mpombo’s U-turning on his earlier position to include the upper age limit for the Republican presidency in the national Constitution is a clear confirmation that the making of the constitution should not entirely be left in the hands of politicians. If we go back into the history of the country, it will not be difficult to discover that our politicians have always forced their wishes on citizens.

They have always come up with constitutions to suit their selfish desires and wishes at the expense of citizens. In 1996, out of desperation, and maybe hatred for Dr Kenneth Kaunda, former president Frederick Chiluba and his government amended the law to bar him from contesting the presidency.

There were so many laws that Chiluba and his team changed to satisfy their selfish interests. We saw how Chiluba targeted some individuals and changed the law to make theft of motor vehicle a non-bailable offence.

In 2001, Chiluba laboured in vain to change the law to accommodate his wish to go for a third term of office. There are so many examples we can give. And these examples do not only end with Chiluba’s administration.

Clearly, President Mwanawasa and his administration also would like to give the people of Zambia a constitution that they are comfortable with; a constitution that is alien to the wishes and desires of the great majority of our people.

This is confirmed by Mpombo’s position on the issue of including the upper age limit for the Republican presidency in the Constitution. Because of their fear or dislike for Patriotic Front president Michael Sata, Mpombo proposed some amendment to the Constitution that openly targeted Sata; to make it impossible for him to contest the next presidential election because he was probably their greatest threat or the most powerful contender. Now that Sata has reconciled with the government, Mpombo has dropped his proposal.

The constitution is a very important document for all citizens of a country. In the abstract sense, a constitution can be defined as a system of laws, customs and conventions which define the composition and powers of the state. The constitution will also regulate the relationship of various organs of the state and the relationship of one person with the other.

In the concrete sense, the constitution can be defined as a document which will contain the most important law of a country. Therefore, the constitution is a sacrosanct document which will determine the nature of the state organs and institutions and their relationship with each other. The constitution also controls and restrains the exercise of government powers. That is why the principle of constitutionalism is based on the notion that the government powers must be restrained within the concept of separation of powers and appreciation of human rights.

The constitution is therefore a very important document which should be made based on people’s desires and aspirations; not the desires and aspirations of the few men and women who find themselves in leadership positions.

It should also not be used by politicians to settle old scores by including articles or clauses that are targeted at their enemies, real or perceived.

It is actually criminal to come up with a targeted constitution. We should avoid making laws that simply target individuals because individuals can die and circumstances can change while a constitution is supposed to stand the test of time.

And from history, we can say that those who have targeted others have themselves been caught up in their own schemes designed against their enemies. Some of Chiluba’s lieutenants who ensured that theft of motor vehicle was made a non-bailable offence were inconvenienced by the same law they targeted at the late Archie Malie and others.

There is need to learn lessons from history. For why do we learn history? Is it not so that we can avoid yesterday’s pitfalls and make sound decisions for the future?

With Mpombo’s thinking, our people will have every right to be apprehensive that their aspirations and desires cannot be guaranteed through their representatives at the National Constitutional Conference (NCC). It is clear that Mpombo, as member of parliament, is not representing the views of his voters at the NCC. He is either representing the views of his other masters or his own personal ambition.

But we should remind ourselves that whatever constitution we come up with, it should be a covenant that shall build a more fair, just and humane society in which all Zambians, regardless of age, will be able to walk tall, without being discriminated against, and assured of their inalienable right to human dignity.

Labels: CONSTITUTION, GEORGE MPOMBO, PRESIDENCY

posted by MrK @ 3:11 AM