Thursday, October 14, 2010

Archbishop Mpundu demands govt position over draft constitution

Archbishop Mpundu demands govt position over draft constitution
By Ernest Chanda
Thu 14 Oct. 2010, 04:00 CAT

ARCHBISHOP Telesphore Mpundu has asked the government to explain to the nation what will happen to the draft constitution that was handed over to them by the National Constitutional Conference (NCC) in August this year.

In an interview, Archbishop Mpundu, who is Lusaka Catholic Archdiocese head, demanded a clear explanation on the way forward regarding the constitution-making process. He contended that the public could not afford to be kept in the dark when the draft constitution was presented to the government over a month ago.

“The NCC Draft Constitution was handed over to the Minister of Justice on 31 August 2010; what is the next step? Is the government trusted not to subject the draft to a further massage before presenting it to Parliament?

Are the people of Zambia going to a referendum to vote only on issues on which they spoke so loudly to the Mung’omba Commission but not on the genetically modified NCC Draft and the further finely or ‘White Paper’-massaged government draft?” Archbishop Mpundu questioned.

“What are the people of Zambia going to the Referendum to vote for? When? This year? The rainy season is only weeks away. Next year? Referendum and tripartite elections in one year? And finances for both the referendum and the tripartite elections in one year? Oh, we are sure the government can do it but we are being kept in the dark as to what is going on.”

He argued that the constitution-making process was marred by confusion from the beginning to the end.

Archbishop Mpundu suggested that the preamble to the draft constitution could perhaps have been changed to suit the interest of the NCC delegates since the document was not prepared for the public.

“Perhaps the best preamble for the constitution that comes out of this messy business should read ‘We, the NCC….!’ but not ‘We, the People of Zambia…!’ The summary of the constitution-making exercise can only be termed as ‘An unmitigated and very expensive disaster for Zambia!’ Posterity will judge us very harshly for squandering yet another chance, at enormous cost, of laying a solid foundation for a true and sustainable democracy for our children and children’s children,” Archbishop Mpundu lamented.

He bemoaned the lack of respect for constitutionalism by most African countries. Archbishop Mpundu argued that the NCC should have removed excessive powers that surround the Presidency in the current Constitution.

“I must repeat once more that it is very unfortunate that many political leaders in Africa in general and Zambia in particular view the Constitution as a tool to hold on to political power at all costs, instead of regarding it as the only tool to development. Therefore they do everything by hook and crook to tailor-make a constitution that suits the political agenda of the party in power,” he said.

“It is very distressing that after spending so much money, which we can ill afford to waste, time and energy on trying to make a good constitution the Zambian citizens have once again been dribbled and betrayed.

No wonder the church mother bodies stayed away from the NCC and they have been vindicated because the NCC not only ridiculed serious recommendations such as the updated Bill of Rights, branding them as utopian and myopic, but came up with a draft clearly at variance with the Mung’omba Constitution Review Commission Draft!”

He said with the NCC constitution, the government of the day would continue to abuse public institutions such as the media.

Archbishop Mpundu wondered which person would ever trust the government on constitutional matters.

“Apart from the absence of a clear and adequate separation of powers, an updated bill of rights there is nowhere we see the much needed, long overdue and effective electoral reform elements such as the 50 per cent plus one, the reduction of the president’s enormous powers to mention but a few.

Our past elections may have been generally free but they certainly have not been fair and transparent! Where is the level playing field for political actors on the national stage?” asked Archbishop Mpundu.

“Already the administration is using the hijacked public media and some well remunerated private ones campaigning for the political party and president in power. The public media, which all Zambian taxpayers subsidise, have already subjected the citizenry to government propaganda. Until after the 2011 tripartite elections it will be a real torture to watch any Zambian television station!”

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