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(TIMES) ‘Prove NCC critics wrong’

‘Prove NCC critics wrong’
By Beene Moombe

CHIEF Justice Ernest Sakala has implored the National Constitutional Conference (NCC) to produce a document that will not only stand the test of time but prove critics wrong.

Justice Sakala said that being the first time that Zambia was engaging in such a consultative process of Constitution-making, the citizens were anxious about the outcome of the process.

He was happy to note that the conference had so far lived up to expectations of the Zambian people, adding that even those who had doubted the process from the beginning were finding it hard to continue criticising the NCC.

He advised members of the NCC to ensure that they applied the majority rule in all their deliberations for the process to be democratic.

The chief justice said this when he swore in three new members of the NCC at the Supreme Court chambers yesterday morning.

Those sworn in were the newly-appointed acting Permanent Secretary in the Ministry of Local Government and Housing Coillard Chibbonta, who will serve in the NCC as a senior civil servant.

Others were Nathan Mulonga from the Forum for Democracy and Development and councillor for Mongu District Council Mwenda Akoyawa.

He encouraged the new members to ensure that they apply themselves fully to the process and discharge their duties in accordance with the oath they had taken.

He warned them against going into the conference with prejudiced minds as this would hinder their honest and full participation.
The NCC has 498 members.

And Joseph Banda reports that the NCC yesterday adopted article 309 of the Mung’omba draft Constitution that calls for the National Assembly to approve all supplementary expenditures.

The NCC, which was yesterday considering a report by the public finance sub-committee, agreed that where the amount appropriated under an Appropriation Act was insufficient, a supplementary estimate showing the amount was required and the sources of revenue should be laid before the National Assembly.

It said that no supplementary expenditure would be incurred before the approval of the supplementary estimates by the National Assembly.

The minister responsible for Finance will release the appropriated funds on a timely basis to the institutions and bodies entitled to the appropriations, the NCC agreed.

Under article 307, the conference agreed that the preparation of estimates of revenue and expenditure should be laid before the National Assembly while the president would cause to be laid before Parliament fiscal monetary programmes and plans for economic and social development.

The appropriate committee of the National Assembly should discuss and review the estimates and make appropriate recommendations before the National Assembly considered the estimates of revenue and expenditure.

The conference said in discussing the estimates of revenue and expenditure, the committee should seek public opinion and take it into consideration in its recommendations to the National Assembly.

Although the committee may amend, it could not vary the total estimates of revenue and expenditure and will in any case approve the Budget not later than December 31 of each year.

And debating article 309, Tourism, Environment and Natural Resources Minister Catherine Namugala said the Constitution should not allow Parliament to approve any expenditure because people in Government were responsible and should not have their hands tied.

Justice Deputy Minister Todd Chilembo said Parliament should not be given too much power because that would create inefficiency in Government.

“We should also consider the separation of power, otherwise we will find that Parliament will take away Executive powers,” he said.

Katuba Member of Parliament (MP) Jonas Shakafuswa said Parliament should approve supplementary expenditure, and Lusaka lawyer Nellie Mutti said it was important for Parliament to provide oversights because there were other provisions that catered for emergencies.

Chongwe MP Sylvia Masebo suggested that there should be a provision for special circumstances when the Executive would not be required to take a supplementary budget to Parliament.

Labels: ERNEST SAKALA, NCC

posted by MrK @ 6:44 PM