Maravi

SI contradicts NCC mandate extension

SI contradicts NCC mandate extension
Written by Chibaula Silwamba
Friday, September 11, 2009 4:55:42 PM

PATRIOTIC Front (PF) president Michael Sata yesterday wrote to President Rupiah Banda advising him to revoke the Statutory Instrument he signed to extend the duration of the National Constitutional Conference (NCC) by 10 months.

In his letter to President Banda dated September 10, 2009, Sata reminded the President that he signed Statutory Instrument number 52 of 2009 on August 13, 2009 in which he extended the NCC period for 10 months contrary to his statement on Monday that the NCC had only remained with four months to complete its work.

"In the Times of Zambia edition date 9th September, 2009 you were quoted that 'President Banda has disclosed that the National Constitutional Conference (NCC) is expected to conclude its business in four months time and not the reported 10 months period'.

The editorial board decided to run an editorial comment on the story as this is a matter of great importance to our country," Sata stated.

"Following the position above, I decided to congratulate you, Your Excellency, on taking such a decision. However, it has come to my realisation that you were misled into making the pronouncement regarding the period of four months which you publicly did as President. This is in view of the fact that on 13th August, 2009, you signed a Statutory Instrument No. 52 of 2009 in which you actually extended the NCC period for 10 months. A copy of the Statutory Instrument in question is herewith enclosed for your attention. In view of the foregoing, I urge you to revoke the said Statutory Instrument No. 52 of 2009 in accordance with your pronouncement in order to give legal effect to the period of four months."

According to Statutory Instrument number 52 of 2009 signed by President Banda on August 13, 2009 and published in the government gazette of August 14, 2009, the duration of the NCC had been extended by 10 months.

The Statutory Instrument read: "In exercise of the powers contained in section twenty-two of the National Constitutional Conference Act, 2007, the following Order is hereby made: 1. This order may be cited as the National Constitutional Conference (extension of duration of conference) order, 2009. 2 In this order, unless the context otherwise requires - "conference" has the meaning assigned to it in the Act. 3 The duration of the conference is hereby extended for a further period of ten months from the date of expiry of the period specified in section twenty-two of the Act: provided that the period of ten months shall not include public holidays and the time during which the National Assembly is sitting. Lusaka 13th August, 2009 [MOJ/SI/86/316] Rupiah B. Banda President".

On Monday September 7, 2009, President Banda said the NCC had remained with four months to conclude its work on the new constitution contrary to NCC chairman Chifumu Banda's announcement that he [President Banda] had approved the extension of their duration by 10 months.

"Although I have been travelling of late but I saw a report where it was alleged that I had given 10 extra months for this [NCC], it's not true. It's only four months by now left to complete the work," President Banda said.

On September 1, 2009, NCC chairperson Chifumu Banda, who quoted the Statutory Instrument signed by President Banda, announced that the head of state had approved the extension of the life of the NCC.

"I am pleased to inform you all that on 14th August, 2009, the President of the Republic of Zambia, His Excellency Rupiah Banda in accordance with section 22 of the NCC Act extended the duration of the NCC by 10 months," announced Chifumu Banda during the opening of the NCC sitting in Lusaka.

Vice-President George Kunda, who is also justice minister, was nodding his head when President Banda was disputing the extension of the duration of the NCC.

However, Vice-President Kunda was present during NCC deliberations when Chifumu Banda announced that President Banda had extended the period of the NCC by 10 months.

Labels: NCC, RUPIAH BANDA, SATA, STATUTORY INSTRUMENTS

posted by MrK @ 3:59 PM