A bewitched Constitution

A bewitched Constitution
Written by Editor

We will only have good governance when we have intelligent, honest and humble people who see politics as a vocation to serve the people. And central to good governance in our country is a good Constitution, one that is really owned by the people and contains all the rights and desires of the people. In addition to this, there is need for all the citizens to know what is or should be in their country’s Constitution so that they can hold their political leaders to follow it.

It was for this reason that the Constitution Review Commission led by Wila Mung’omba went around the country, travelled the width and breadth of our country to collect the views of our people on what they would like to see in their Constitution. After collecting these views, Wila and his colleagues systematically analysed these views, synthesised them and came up with a draft Constitution.

But before Wila’s commission was put up, many Zambians objected to it, saying there was no need for it and that it was just going to be another waste of billions of public funds. Levy Mwanawasa and George Kunda strongly defended the need for Wila’s commission and called those who were expressing opposition to it all sorts of names. Wila and his colleagues proceeded to do the work despite the opposition.

And to the surprise of many people who were critical of their work, Wila and his colleagues came up with very good recommendations in their draft Constitution. Following this, those who had appointed them, those who had supported and defended their work started to shun them, started to distance themselves from their draft Constitution. And eventually, the infamous National Constitutional Conference (NCC) was put together by Levy with George as its overseer and guardian.

Again, as would be expected, many citizens questioned the purpose and agenda of the NCC. Many civil society organisations, like the Zambia Episcopal Conference and the opposition Patriotic Front, officially refused to participate in it.

The NCC is costing the taxpayer billions of kwacha every week just to undo or redo what Wila and his colleagues had done. And very little attention seems to be paid to the views that were gathered by Wila’s commission from all the parts of our country.

And today, it seems a handpicked group that in many respects represents no one other than themselves and those who appointed them to sit on the NCC are butchering the recommendations of Wila’s commission and are about to give us a Constitution.

We understand and appreciate the anger of Bishop John Mambo, a member of Wila’s commission when he says: “Out of the way they have directed themselves, there is nothing good to expect. What they came up with yesterday, bena Mabenga behaving like a star, is not helping us in any way. I don’t mind them getting allowances, it’s their entitlement but they should do a good job. But as things stand, they seem to be more obsessed with their pockets than the needs of Zambians.

And they seem to have people they are fighting through a new constitution. This is very retrogressive. And I have said I am not a prophet. Whoever wins the next election whether MMD, PF or UPND, this Constitution will be subjected to another review. And that will be another cost for this country which the NCC should have avoided.

But they are busy treating the Mung’omba recommendations like scrambled eggs. They are treating the Constitution as if it’s a personal document or an MMD document. I am aggrieved as a former commissioner and I wish there could be someone with moral principles in that NCC who could reverse the situation and uphold the people’s wishes. We are not opposed to the men and women who are in the NCC, no, but we are opposed to the way they are directing themselves. They are totally disregarding the Mung’omba report. And one cannot be a member of the NCC and fail to read through this report. This is the report that the people of Zambia brought from all the nine provinces. And when I hear recommendations from the NCC, I’m wondering whether our men and women there have read the Mung’omba report.”

This is truly what is happening at the NCC. And this being the case, a Constitution that is owned by the people will continue to be elusive. It seems political expediencies of the moment have taken over the whole exercise. What will prevail, what will find its way in the new constitution will only be matters that those who are in control of government want or are comfortable with. This is not the way to deal with such an important issue. The Constitution is the rock upon which a democratic government rests – the formal statement of its fundamental obligations, limitations, procedures and institutions. The Constitution of the country is a supreme law of the land and all citizens are subject to its provisions. And it is this document that established the authority of the government, provides guarantees for fundamental human rights and sets forth the government’s operating procedures.

It seems in this country we are consumed by interests of the present and the future seems to owe us nothing. People act as if there will be no tomorrow, as if they don’t have children who will live in the Zambia of tomorrow. Everything is decided on the basis of their immediate interests. This is dangerous. This is not a wise way to live because the Zambia of tomorrow is not built tomorrow. It is built today, on the threshold of today. It is the decisions we make today that will determine our tomorrow. And with the Constitution we are making, we are not only deciding our today, we are making decisions about our future, the future of our children and their children. This being the case, there is need for selflessness and foresight in the constitution-making process. This is an exercise for visionaries who are able to take a deep look into the future and put in place a constitution that will not only be able to meet the demands or needs of today but also those of tomorrow, of the future.

It is not difficult to see and appreciate why many decent people and institutions stayed away from this process, refused to participate in the NCC but wished those involved in it well. The things they are doing will be very difficult to justify and defend tomorrow.

Some of the things that are coming from the NCC are embarrassing. For instance, how can a Cabinet minister go to the NCC and say he doesn’t want an elected Vice-President because the Vice-President could bewitch the President so that he takes over? Is this really an argument that can be used to object to an elected Vice-President, especially in a country whose laws do not recognise witchcraft? If such things could come from the mouth of a Cabinet minister, what can one expect from those of the low-ranking party cadres who are also delegates to the NCC?