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NCC has failed to address reduction of presidential powers, charges Sata

NCC has failed to address reduction of presidential powers, charges Sata
Written by Patson Chilemba and Masuzyo Chakwe
Saturday, February 14, 2009 9:51:25 PM

PATRIOTIC Front (PF) president Michael Sata yesterday charged that the National Constitution Conference (NCC) delegates have failed to address the reduction of presidential powers because they fear President Rupiah Banda.In an interview, Sata said NCC delegates were scared of debating issues that would irritate President Banda because they wanted to chew more from the conference.

"The reason why NCC cannot discuss the reduction of powers is because they know that Rupiah Banda will cancel the NCC. They want to eat more because they say the President is the one who can dissolve NCC. They will be saying things which can make him happy such as ‘the President can declare war without seeing Parliament'," Sata said.

"They are just wasting time talking about useless things. Last time, they could not agree on the powers of Parliament or a referendum."

And Lusaka lawyer Dr Rodger Chongwe said important issues such as the reduction of presidential powers should be discussed.

"Maybe NCC is happy with these powers," he said.

Dr Chongwe argued that the President should have no power to nominate people to Parliament. He said the Zambian people should elect people they wanted to represent them in Parliament.

"I don't know if it's the reporting or the committees of NCC, but the public, I'm one of the public, we don't seem to be getting full information about what is happening at NCC," Dr Chongwe said.

And Southern Africa Centre for the Constructive Resolution of Disputes (SACCORD) executive director Lee Habasonda expressed disappointment with the partisan manner in which delegates sitting on the NCC debated the proposed constitution.

Habasonda stated that civil society's fears that a constitution that may not stand the test of time could come out from the conference might as well be confirmed.

"The denial of economic and social rights by the ruling party on fears of legal action in case of failure to provide basic necessities is purely based on MMD's own assessment of its capacity," he stated.

Habasonda stated that the constitution was not about a party's capacity nor was the implementation of the rights in question contingent on the resources available at a particular time.

He stated that these rights were a recognition that the survival of any human being required minimum standards.

Habasonda stated that if a government was unable or could not guarantee the provision of minimum standards, it was SACCORD's considered view that such a government did not have a moral right to stay in power.

"The courts of law are not the only enforcers of rights. They are but just an option to be considered only when all else has failed. The primary enforcers of economic and social rights are elected officials and the government who should be lobbied by citizens," it stated.

He stated that SACCORD was disappointed that some delegates were insisting on clauses that provide them with an opportunity to change the balance of power.

Habasonda stated that the insistence to go for elections after the death of a sitting President within 90 days was motivated by the chance it offers to those outside government.

"Such selfish motivations should be exposed, discarded and instead replaced with the best interest of the whole country. We therefore urge delegates to adopt the proposal that the Vice-President assumes the reins of power in case the incumbent is unable to do so for whatever reason and completes the term," he stated.

Habasonda noted that this has been a practice for many years in such developed democracies as the United States where even the Senate seats that fall vacant were not filled by going for another election but instead the Governor of the State in question appoints a replacement.

He stated that additional advantage in the case of Zambia for adopting such a position was that it responds to popular calls for saving the country's resources needed for investment in the improvement of the living standards of the country's majority poor.

"In view of the critical nature of the process of constitutional making, we wish to register our displeasure at the quality of debate displayed by some delegates. To dismiss a submission, for instance on the need for a running mate, on fears of superstition or witchcraft is indeed lowering the level of engagement," stated Habasonda. "If the investment in the process is to be worthwhile, we urge the delegates to show seriousness and raise the level of debate."

Labels: CONSTITUTION, LEE HABASONDE, NCC, PRESIDENCY, SATA

posted by MrK @ 9:51 PM