50% + 1 will reduce chances of rigging – HH

50% + 1 will reduce chances of rigging – HH
By George Chellah and Ernest Chanda
Tue 19 Jan. 2010, 04:01 CAT

UPND leader Hakainde Hichilema yesterday said the inclusion of the 50 per cent plus one clause in the Constitution will reduce chances of rigging elections.

And TIZ, SACCORD, NGOCC and Caritas Zambia have noted that it was shocking that government would like to perpetuate the winner-takes-all system, which in the last elections of 2008, 2006 and even 2001 almost saw Zambia tottering on the brink of chaos.

Commenting on Lt Gen Ronnie Shikapwasha's accusation against Non-Governmental Organisations (NGOs) that they are advancing the 50 percent plus one debate in order to promote chaos like they did in Zimbabwe, Hichilema said the clause would minimise rigging because rigging is easier under simple majority where they can rig even with 50,000 votes.

Hichilema said the minority government had proved to be difficult and expensive to Zambians. He said in 2001, the government spent most of the time and taxpayers money to buy opposition members of parliament to crossover to the MMD and that caused by-elections.

“That money went to by-elections because we had a minority president who was trying to increase on numbers in parliament. We are wasting a lot of money propping up a minority government like the MMD. Look at what they did in Solwezi, they spent over K12 billion to try and win the by-election. They lost the by-election because people don't want them.”

Hichilema said Zambians were paying directly and indirectly to sustain a minority government.

“This is why I urge the NCC delegates to vote for the country. UPND members have been given instructions to vote for 50 percent plus one. I am appealing to churches, senior leaders and traditional leaders to help the country. I am making an appeal as a citizen not as president of UPND,” he said.

Hichilema said Zambians have always wanted a majority presidency.

“I want to make an appeal to the NCC members to search their souls and do what I define as public good other than serving personal interests. There is no argument about the validity and necessity of the need to have 50 percent plus one so that we can produce a majority government. Zambians have always spoken in favour of this,” Hichilema said. “My appeal to all the delegates is to rise above partisan interests, ethnicity and to rise above other personal interests. They should push definitively to vote for the 50 percent plus one. This is an opportunity to produce a majority president.”

Hichilema dismissed Lt Gen Shikapwasha's argument on the matter.

“What anarchy did we have from 1964 to 1996? None! In the context of the electoral process, Shikapwasha is referring to the Kenyan and Zimbabwean crisis,” Hichilema said.

“The Kenyan case was not about 50 percent plus one. The Kenyan violence arose from the simple majority. You see how dull Shikapwasha is? Fifty percent plus one is the best to deliver a majority president for Zambia. It will assist to bring national unity. There is no single tribe that can deliver the 50 percent plus one on its own, which means when people want to campaign on tribal lines they won't produce a president. This is good for Zambia. If they want a president, they have to negotiate with more tribal groupings.

”By that implication, it means that it may oblige ethnic groups and churches to work together. It will oblige even class the rich and the poor to work together. Fifty percent plus one is a unifying factor, Shikapwasha fears it because he would want to continue being in government even as a minority.”
Hichilema also described the intended sale of the Zambia Daily Mail as unfortunate.

And in a joint statement issued yesterday, Transparency International Zambia (TIZ), Southern Africa Centre for the Constructive Resolution of Disputes (SACCORD), Non-Governmental Coordinating Council (NGOCC) and Caritas Zambia stated that the process of constitution reforms had been ongoing since 2003 and the drivers for a new constitutional order are well known and indisputable.

“Zambia deserves a new constitution - one that is consistent with national development aspirations. The enthusiasm and desire by Zambians for a constitution that is truly people-centred and meets their various aspirations, has never been greater than now,” they stated.

“It is our fervent hope therefore that the purpose and the intended goal of the constitution reforms which are being conducted at great cost to the ordinary person, is not lost on the delegates at the National Constitution Conference. The task that the delegates are involved in of adopting the draft constitution on behalf of the larger Zambian populace is an onerous one - which should be devoid of narrow sectarian or partisan interests.

As civil society organisations - some of whom boycotted taking up our seats at the NCC for reasons that are well documented, we have avoided commenting directly on the deliberations at the NCC on the principle that delegates be given a free and open environment to conduct their business without undue external pressure. However, we have noted with concern the direction that the deliberations have taken in the last few days especially in discussing the report from the Democratic Governance Committee. We are particularly concerned by sentiments made by government ministers and leaders on the 50 per cent plus one clause for electing the Republican president.”

The civil society organisations noted with dismay the deliberate attempt Lt Gen Shikapwasha to label NGOs as the only champion of this clause. They stated that it was a deliberate and unfortunate act of disinformation on his part because the Mung'omba Constitution Review Commission Report clearly alludes to the fact that the support for a 50 per cent plus one clause was widespread and not restricted to NGOs alone but several other progressive Zambians. It is also a redundant approach to focus on who proposed the clause instead of arguing the merits and demerits of the clause.”

They stated that it was also a pity that Lt Gen Shikapwasha elected to mislead the NCC through imaginary examples of chaos created by this clause.

“He deliberately did not highlight the fact that several countries which have a Presidential System of Government have successfully utilised the majoritarian system to elect their Presidents successfully. Even countries like the Democratic Republic of the Congo - emerging out of devastating internal strife have managed to successfully use this clause. Ghana remains a shining example where the 50 percent plus one absolute majority vote system has been used and today Ghana is focusing on economic development,” they stated.

“We find it shocking that Government would like to perpetuate the winner takes all system which in the last elections of 2008, 2006 and even 2001 almost saw Zambia tottering on the brink of chaos because of the low percentage of the votes that the winning candidates mustered.

The political polarisation we are witnessing today - in part is as a result of discontentment with the electoral process.

“Progressive democracies throughout the world are seeking ways and means of strengthening the mode of electing their leaders to ensure that these are truly representative and yet in the case of Zambia, our Governors are determined to maintain the status quo and continue to rule even in the face of rejection by the majority of voters. We want to urge the MMD Government and Party to think carefully about this issue and realise that the 50 per cent plus one is not meant to fix them but to improve on our fragile democracy. In any case, the MMD as a party in power should feel confident that they have done the right things and have sufficiently convinced the electorate on their suitability to continue in office in 2011, unless this talk about the clause being dangerous is a subtle admission of failure and a fear that they will not garner the absolute majority in the coming vote in 2011.

“However, be it as it may, the inadequacies and fears of the ruling party should not be the basis of coming up with the constitution. Zambians deserve a constitution that commands their obedience and respect and not one that will simply entrench the rule of a particular party. As Civil Society, we want to serve timely notice that we shall not accept the abuse of hard-earned money on a process that is self serving and one that fails to recognize the people's aspirations for a constitution that will promote democracy in Zambia.”

And William Harrington yesterday said he now understood why Vice-President George Kunda removed a recommendation from the Mung'omba Constitution Review Commission (CRC) that allowed all commissioners to be delegates at the NCC.

"…We are the people who moved around the country and gathered people's submissions, so Vice-President Kunda knew that none of his colleagues in government could have manipulated...”

"Besides, let us look at many other cases where the system has succeeded. In Ghana, Liberia, and many other African countries the system has worked. So, why pick on one negative example where even the system cannot be blamed?" he asked.

Harrington said many Zambians supported the clause because they did not want an insecure President.

Harrington said denying people their wish would be criminal injustice.
The NCC delegates would be voting today on whether or not to include the 50+1 clause in the new Constitution.