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Constitutionalism key to democracy, says Kunda

Constitutionalism key to democracy, says Kunda
By Edwin Mbulo
Sat 21 May 2011, 04:01 CAT

VICE-President George Kunda says the failure to observe constitutionalism can ruin the country"s governance setup.

Officiating at the Southern African Chief Justices Forum's second Judges Colloquium at the Zambezi Sun Hotels on Thursday, Vice-President Kunda said the government attached great importance to constitutionalism and believed that it was key to democracy, human rights and the rule of law.

He said an American scholar, David Fellman, noted that those in political circles were not free to do anything they pleased in any manner they chose.

?They are bound to observe both limitations on power and the procedures which are set out in the supreme, constitutional law of the country.

It may therefore, be said that the touchstone of constitutionalism is the concept of limited government under a higher law," said Vice-President Kunda who was represented by local government minister Dr Brian Chituwo. "In short, our government is not at large to do as it pleases; but is limited by the supreme law of the land, the Constitution. Lord Binham once pointed out the essential elements of the rule of law as being that the law must be accessible, intelligent clear and predictable."

He said the government believed that constitutionalism was only a viable proposition.

"We in government believe that an independent judiciary is fundamental to the rule of law, but that it needs to be enhanced by effective, transparent, ethical and accountable governance," Vice-President Kunda said. "The many challenges of our various judiciaries are brought about by the interlocking state organs and their functions."

And Chief Justice Ernest Sakala said the aim of the colloquium was to examine the current status of judicial independence, identifying emerging issues, real and potential threats, as well as share lessons and best practices pertaining to judicial independence in theory and practice.

International Commission of Jurists (ICJ) deputy secretary general Jan Borgen said the organisation?s vision was to have lawyers, judges and prosecutors enlightened, courageous and free to carry out their professional duties regarding the rule of law to safeguard and advance all human rights.

"Not surprisingly, judicial independence is associated with the ideas of democracy, individual freedom, social justice and the rule of law. Independence is not only desirable but necessary for the realisation of a just society," Borgen said.

Open Society Initiative for Southern Africa (OSISA) law programme manager Louise Oliver hoped the African Union would adopt the protocol to create the African Court.

Oliver said Eastern Congo had a non-functional judicial system with judges not getting paid.

"There is a lot of murder and rape and with our assistance we have managed to have 75 to 78 per cent sentences," said Oliver.

Labels: CONSTITUTION, GEORGE KUNDA

posted by MrK @ 4:39 AM