Maravi

Kaingu doubts NCC’s ability to deliver

Kaingu doubts NCC’s ability to deliver
Written by Katwishi Bwalya, Ernest Chanda and George Chellah
Friday, May 15, 2009 2:29:12 PM

DELEGATES to the National Constitutional Conference (NCC) have complained of the tendency by some members to sign for allowances without attending the sessions. And community development minister Michael Kaingu on Tuesday said he was worried that the NCC might not come up with a constitution that would stand the test of time.

Meanwhile, Forum for Democracy and Development (FDD) president Edith Nawakwi has withdrawn her participation from the NCC.

On Wednesday, some NCC delegates expressed concern over some of their colleagues who signed for money but did not attend the sessions.

Independent Churches of Zambia (ICOZ) president Reverend David Masupa wondered why some delegates signed for money and left immediately without attending the sessions.

"Chairperson, we have members here who know the honourable members of the NCC who are just coming to sign. They go and then they come back to sign and they go. Could we come up with a mechanism of controlling this because we are all here to contribute?" asked Reverend Masupa.

Deputy minister in the office of the Vice-President Guston Sichilima also raised a point of order on the tendency by some members of the NCC who were only collecting money without attending the session.

"Some members of parliament have been seeing coming to sign for money but they go away without deliberating. I need a serious ruling Mr chair," Sichilima said.

NCC chairperson Chifumu Banda said some officers have been put on high alert to monitor people who had a tendency of collecting money and go without attending the deliberations.

"We have some people who have been planted somewhere who are watching some members who are in the habit of doing that so, be warned because we will soon read out their names and we are watching them very carefully," said Banda.

And Banda said Nawakwi withdrew her participation from the NCC because she needed to be with her injured son who was involved in an accident in Malaysia.

"So FDD sent a replacement for Honourable Nawakwi because she had to leave the country to be with her injured child in Malaysia and the appropriate committee was told," Banda said.

And the NCC failed to get the required two thirds majority vote for the clause that allows the terms and conditions of the government loans to be laid before the National Assembly before coming into operation unless they have been approved by a resolution of the National Assembly. This means that the clause has now been reopened for debate until a decision is made.

And the NCC unanimously adopted two clauses in the finance committee report which allow the Minister of Finance to borrow money from any source on behalf of the country as authorised by an Act of Parliament.

Debating Article 311(3) which forbids the Minister of Finance from committing the country to a loan without parliament approving the terms and conditions of that loan, Kaingu argued that the clause could give parliament more powers than the executive.

"I am worried in the manner this committee is trying to replace the function of the Minister of Finance. We should have separations of powers or else we will end up making one institution very strong and I am worried that this constitution which we are making here will not stand the test of time because other people will come to change these things. I am worried," Kaingu said.

According to Article 311(3) of the 2005 Mung'omba Draft Constitution, which was also adopted by the committee: "The terms and conditions on the loan shall be laid before the National Assembly and shall not come into operation unless they have been approved by a resolution of the National Assembly."

Works and supply minister Mike Mulongoti said adopting the clause would make it difficult for government operations in an event of a hostile Parliament.

"If you adopt this clause then you are saying there will be no separation of powers because you will be pilling everything in the hands of parliament and suppose you have a hostile parliament and you don’t get the support of other MP’s?” asked Mulongoti.

He was supported by Southern Province minister Daniel Munkombwe who said the country would be losing out on the loans if authority was given to Parliament to approve the conditions of the loans.

"Those who negotiate will tell you that there is scramble for money but if you are given the money and the Minister of Finance says 'let me first go to parliament for authority', somebody else will get the money. And if you have a hostile Parliament you will paralyse government operations," said Munkombwe.

Other ministers who stood to oppose the clause included information minister Ronnie Shikapwasha, foreign affairs minister Kabinga Pande and Copperbelt minister Mwansa Mbulakulima.

But Economics Association of Zambia (EAZ) president Mwilola Imakando said adopting the clause would encourage transparency and borrowing responsibly on the part of the government.

UPND vice-president Ben Kapita said the clause was a progressive one and would enhance accountability.

And the NCC on Tuesday unanimously adopted two clauses in the finance committee report which allow the minister of finance to borrow money from any source on behalf of the country as authorised by an Act of Parliament.

The clauses were also in accordance with the recommendations of the Mung'omba draft constitution of 2005.

Article 311 (1) reads: "Subject to this Article, the minister responsible for finance may borrow from any source, on behalf of the Republic; provided that the Minister responsible for finance shall not, in any year, borrow beyond the aggregate debt stock, including interest and fees on the debt."

And clause 2 of the same Article forbids the minister of finance from borrowing outside the Act of Parliament.

The clause reads: "The Minister responsible for finance shall not borrow, guarantee or raise a loan on behalf of any State or organ, state institution, authority or person except as authorised by or under an Act of parliament."

The NCC is still deliberating on the report of the finance committee.

And Mwansabombwe PF member of parliament Samuel Chitonge has said it was irregular for the NCC to announce that he faces expulsion for being constantly absent from the plenary sittings without apologies.

"I’m not a member of the NCC. How do you expel someone who is not a member? Let them do whatever they want. I don't care even if they expel me I don't want their money. Let them take it anywhere," Chitonge said. "I belong to PF and whatever PF decides I have to abide by that. I didn't come to Parliament dubiously. I came through PF and PF has decided against the NCC."

And Lubansenshi PF member of parliament Lazarous Chota said the PF members that were being threatened with expulsions from NCC withdrew their membership some time back.

"We withdrew from the NCC just when they started sitting. They know these things but I don't know why they are trying to do this. I haven't received their money so why should I care if they expel me or not? I resigned so what action can they take?"

Labels: EDITH NAWAKWI, FDD, GUSTON SICHILIMA, MICHAEL KAINGU, NCC

posted by MrK @ 1:31 PM