Wednesday, December 15, 2010

Adopt 50% + 1 clause, urges Kenyan MP

Adopt 50% + 1 clause, urges Kenyan MP
By Chibaula Silwamba
Fri 10 Dec. 2010, 04:01 CAT

A KENYAN legislator has urged Zambians to adopt the 50 per cent plus one law to ensure that the winner of presidential elections enjoyed majority support.

Kenya Parliamentary Legal Affairs committee chairperson Ababu Namwamba said a national leader that exercised state power over the population must enjoy the greatest possible majority endorsement of the people and the 50 per cent plus one rule ensured that status.

He said 50 per cent plus one law would help to avoid the elected president being regarded as a minority leader.

“The 50 per cent plus one is something that I will encourage African countries to adopt because it guarantees the leader acceptable, popular, majoritarian mandate. It also avoids a lot of squabbling that you see at every election,” said Namwamba in an interview in Lusaka on Wednesday.

“I would invite Zambians to consider it. But at the end of the day, remember that we need political solutions that are homegrown, relevant to every special circumstance of every country.”

He said Kenya had enshrined the 50 per cent plus one clause in its new constitution and Kenyans were eager to use the clause in the 2012 general election.

Namwamba said Zambia must come up with a system that was uniquely Zambian.

He said the political impasse in Zimbabwe and Ivory Coast, which he described as unfortunate and blatant abuse of the constitution, should not make people lose confidence in the 50 per cent plus one.

“We need to distinguish between a good constitution and good leadership because even a good constitution needs good and committed leaders to fully implement it,” he said.

“You could use good examples like Ghana and Guinea where the 50 per cent plus one rule has worked very well.”

He said the Kenyan Constitution was revolutionary, turning the state upside down and changing the culture of conducting politics and public affairs.

Namwamba said, in line with the new constitution, the position of chief justice would be advertised to find a suitable candidate to ensure the judiciary was independent from the executive and legislature while cabinet ministers, without deputies, would be from outside parliament.

“We have removed the executive from parliament and parliament is now an independent institution,” said Namwamba.

“Cabinet will only interact with parliament through committees. We will never again see some cabinet secretaries ministers on the floor of parliament.”

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