Maravi

NCC lacks credibility, charges Miyanda

NCC lacks credibility, charges Miyanda
Written by George Chellah
Thursday, April 30, 2009 6:15:45 PM

THE National Constitutional Conference (NCC) is moribund and lacks credibility to produce any worthwhile document because of the naivety of many delegates, Heritage Party (HP) president Brigadier General Godfrey Miyanda stated yesterday. And Brig. Gen Miyanda warned some NCC members not to play with the peace and stability of the nation.

Brig. Gen Miyanda stated that he agrees and supports Bishop John Mambo's strong criticism of the NCC.

"We go further and say that the NCC is moribund and lacks credibility to produce any worthwhile document because of the naivety of many delegates and the questionable manner in which several of them obtained their entry tickets to the NCC. We object very strongly and warn some of these people posing as our representatives that they must never play with the peace and stability of our nation," Brig. Gen Miyanda stated.

He maintained that the credibility of the NCC is highly questionable.

"We have to scrutinize all the delegates and establish how they came to be nominated and appointed. For a start let us examine delegates representing church groups because this is where we expect highly disciplined and God-fearing people, and therefore obedient citizens. Section 4 of the NCC Act makes provision for how church groups should have been nominated and appointed. The provision mandates the three Mother Bodies to nominate church delegates from their affiliates," Brig. Gen Miyanda stated. "These are ZEC, CCZ and EFZ. Other church groups that are not affiliated to these three are provided for if they belong to other Church Bodies that have been in existence for at least five years and have registered under the Societies Act. There is also provision for the Islamic and Hindu Associations. There is no provision in the Act for individual churches that are affiliated to the ZEC, CCZ and EFZ to nominate themselves or even attend in any capacity without their mother bodies nomination.

"Section 4 (2) directs that "the representatives referred to in subsection (1) shall be nominated by their respective institutions". Section 4 (2) of the NCC Act makes it mandatory for all delegates to be nominated by the listed institutions."

He stated that even for the NGOCC no affiliate members might attend without being nominated by NGOCC.

"Again non-members of NGOCC are catered for. It follows that by this provision there is no other way in which members affiliated to ZEC, CCZ, EFZ and NGOCC may attend as delegates without being nominated by these entities, which have boycotted the NCC. So where is the credibility of the NCC if it has in its midst people masquerading as delegates of institutions that have refused to attend the Conference?" Brig. Gen Miyanda asked. "We demand that the Secretary to the Cabinet publishes or causes to be published the full list of delegates with dates and precise details of which organisations they belong to, when they were formed and registered and who nominated them to the NCC, including replacements. This Tower of Babel must be dismantled before it leads us into a den full of lions, demons and may be even sangomas."

He stated that the latest resolution by one of the NCC committees is outrageous and threatens and breaches people's right to associate and assemble.

"At some point in their deliberations on 22nd April 2009, one of the commissioners, Mr Dante Saunders took issue with a provision dealing with the Zambia Centre for Inter-party Democracy (ZCID) as follows: "Mr Chairman, on clause 59: 22: 14, I am wondering whether it is important to actually put number 7 in and be explicit to be a member of ZCID. I say this very strongly because there are many political parties and there may be other political parties in the future who really don't support ZCID who may become very strong. Unless we are talking about ZCID being part of the government institution otherwise the issue on ZCID ... " He was rudely interrupted by the chairman before he could finish his intervention," Brig. Gen Miyanda stated. "Immediately the Chairman called on Commissioner Clementina Chipeta, believed to be from the ULP led by president Sakwiba Sikota, who retorted angrily and with apparent authority but was not interrupted, saying 'Can I help him. If Mr Dante is going to form a party tomorrow he will be part of ZCID because it covers for those who are in Parliament and those who are not in Parliament. That is why they have come in FFPP (Forum for Political Parties). So ZCID is paramount; it is not part of the government, it is for political parties so he should just form a political party in order to join ZCID.' "The matter ended there with audible cheers from other Commissioners. Mr Sakwiba Sikota, himself a lawyer and one of the architects of the NCC Act at the secret Mulungushi conference, just smiled in agreement. We have gone to Court over this very issue though our case might come up in 2015, if at all. We are in court because we believe that it is the civilised way to resolve contentious issues though we are now beginning to believe that going to court is a waste of precious time and may not result in the justice we seek due to inordinate delays. So we might as well begin to talk now to protect our interest."

He wondered how the NCC could claim to be making a constitution to last the test of time if they are dismantling rights that already exist in the present constitution.

"This Committee's decree is a reminder of how the One Party State came about, forcing people to belong to only one political party in Zambia. I do not know whether commissioner Chipeta was in Zambia or Europe when problems arose as a result of that legislation which criminalized formation of political parties other than belonging to the UNIP, which was enshrined in Article 4 as the only legal party in Zambia," Brig. Gen Miyanda stated. "That history is obnoxious and must never be repeated as it led to the destabilization of the country for many years until the advent of multiparty democracy in 1990/91.We cannot and must not go down that path again."

He stated that HP objects to a law that forces political parties to join any organisation, including the ZCID in order for them to enjoy their right to associate and assemble.

"These fundamental rights are enshrined in Article 21 of the Zambian constitution. In any case, the ZCID is a private Trust registered under a Trust Deed. Since when did our constitution and laws compel citizens to join Trusts? What was the then Minister of Justice and Attorney General George Kunda thinking of to allow such a provision that cancels the right and freedom to assemble and associate? Also in Zambia there is such a thing as accrued rights, a principle that has seen a number of judgments in support of it," he stated.

He stated that HP was formed and registered long before ZCID and ULP were formed.

"Our party constitution, which is deposited with the Registrar of Societies has clear objectives, one of which is to form government. We have a track record of participating in elections. We took part in the 2001 Presidential and General elections whereby we got four Parliamentary seats and 51 councillors countrywide (many seats were stolen, especially on the Copperbelt). Since then we have been participating in elections; currently we have two councilors," Brig. Gen Miyanda stated. "I myself even took part in the last unique presidential by-election in which commissioner Chipeta's party developed cold feet and aligned itself with the MMD to support the MMD presidential candidate. No one forced or stopped them to do this because this is their right. Why then must NCC and ULP see it fit to introduce contentious laws that serve no purpose? Who has been injured because those of us who are not welcome in ZCID participated in the election? Who has suffered because several parties and presidential candidates are participating in elections?"

He advised the NCC to wake up and not play games with the country's wellbeing.

"They should learn from past mistakes and not start experiments which will lead to serious contention and conflict. The money they are enjoying from NCC will not be enough to defend and protect them should their decisions result in avoidable turmoil. We advise them to contribute to the consolidation of peace in Zambia and not pander to foreign forces that have been scheming to create a One World Government by insisting on a uniform liberal constitution for the whole world."

Brig. Gen Miyanda stated. "Commissioner Chipeta and her cohorts who were cheering her in the NCC must ask her President Sakwiba Sikota where the late Nalumino Mundia's National Party (NP) came from and why? What of the United Progressive Party (UPP) whose adherents still carry permanent wounds and have never forgiven Dr Kaunda for detaining their founder, the late Mr Simon Mwansa Kapwepwe because his party opposed the ruling party and have always blamed Dr Kaunda for Mr Kapwepwe's death even though there may not be direct evidence to this effect. Delegates must reflect on the violence and the petrol-bombing of people's homes that followed the creation and entrenchment of the One Party State in the Constitution."

Labels: GODFREY MIYANDA, NCC

posted by MrK @ 5:17 PM