Maravi

NCC delegates fail to reach compromise on clause regarding govt loans

COMMENT - Oh, oh ms. Siliya. There should be no parliamentary oversight of the debt incurred by the executive, because of... separation of powers? How about checks and balances? How about some oversight of your own dealings with RP Capital Management? It might have saved your job.

NCC delegates fail to reach compromise on clause regarding govt loans
Written by Ernest Chanda and Katwishi Bwalya
Sunday, May 17, 2009 3:58:57 PM

DELEGATES at the National Constitutional Conference (NCC) on Friday failed to reach a compromise on a clause that forbids the government from obtaining a loan without National Assembly approval on the terms and conditions.

Article 311 (3) of the NCC public finance committee which also correlates with the Mung'omba Draft Constitution states that, "The terms and conditions of 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."

Vice-President George Kunda argued that the provisions in the clause could be taken care of by a subordinate law. He was supported by Petauke Central member of parliament Dora Siliya who argued that borrowing was a function of the Executive.

"We cannot fight a monster by creating another monster just because we want to assume that Parliament will always be a saint. Borrowing is a function of the Executive. It is not practical that for each loan the Executive wants to borrow conditions must be laid on the table of the National Assembly, it is simply not practical!" Siliya said, amidst murmurs from some delegates.

And as Siliya debated, former Luena member of parliament Chrispin Sibeta shouted 'history!"

In response, Siliya who raised the tone of her voice to counter the murmuring from a number of delegates said she appreciated Sibeta's concerns because of his age.

"I appreciate what Mr Sibeta is saying because of his age. But it is important that we appreciate the separation of powers. Those who borrow are accountable to the people and it is Parliament that should make them accountable. But if those who should hold others accountable are part of the process, how are they going to provide accountability?" asked Siliya.

And Monze member of parliament Jack Mwiimbu defended the clause, saying it would give Parliament a role to play in the procurement of loans.

"... Currently, Parliament has no role to play in the procurement of loans. I would like to reiterate the position of the Mung'omba recommendation. This clause is innocent and applicable in so many countries. The Constitution of Ghana has similar provisions and they have no problems. It has been portrayed here that there is a scramble for loans, but are we saying that Ghana has failed to get loans? The answer is no," Mwiimbu said.

"If government want to borrow they have to come to Parliament, that's what we are saying. We are not saying that they will not have power to borrow. The current Executive consists of people who are members of parliament and they will have a chance to debate such issues in Parliament. There is no mischief being created by allowing this clause in our Constitution."

He was supported by Siavonga member of parliament Douglas Siakalima who argued that there was a lot of fear in those opposing the clause.

"The motivation to take this clause to a subordinate law is a fear by some people to transgress the Constitution. But in the past we have had people who have transgressed the Constitution. And if people cannot fear to transgress the Constitution, how can they respect a subordinate law?" asked Siakalima.

"I will give an example of a subordinate law, the current Electoral Act which provides for continuous voter registration but it has been transgressed. Perhaps if it was in the main law it could have been respected. I know that people are afraid of change. They are afraid of being against this clause because of history where people have not respected certain laws. Zambians should know the conditions to every loan so that even when we reach $11 billion debt they will know why they are paying."

Labels: CRISPIN SIBETA, DEBT, DOMESTIC DEBT, DORA SILIYA, GEORGE KUNDA, NCC

posted by MrK @ 3:01 PM