Kunda is deceiving himself on constitutionalism, says Imenda

Kunda is deceiving himself on constitutionalism, says Imenda
By Bright Mukwasa
Sun 22 May 2011, 04:01 CAT

VICE-PRESIDENT George Kunda is deceiving himself for saying constitutionalism is key to democracy, says Lukulu member of parliament Batuke Imenda. In an interview, Imenda said Zambians had been praying to have a constitution that would support the judiciary to act independently as a way to sustain democracy.

“Vice-President Kunda is deceiving himself. For him to come out like that, if he was serious about the constitution he should not have let the constitution to be defeated in Parliament,” Imenda said.

Imenda said constitutionalism was the only key component that would sort out all governance concerns required for a flourishing democracy, like an independent judiciary.

He said if the current government wished to see a smooth and all-inclusive constitutionalism process, it ought to refrain from influencing such to produce results it desired.

“We have seen the government trying to poke their noses in the judiciary and those (judges) that don't cover the government are sidelined when it comes to promotions while those that did what they want are promoted quickly, very quickly,'' he said.

Imenda said good constitutionalism entailed real independence of the three arms of government. He said for the judiciary to be independent, judges must be appointed by an independent commission.

“Wherever there’s an element of an appointing authority, there’s an element of saying thank you. You know judges are also human. They know that if they give unfavourable judgments against the government then they won’t think of you,” Imenda said.

He said it was unfortunate that Zambians had expressed their wishes through the various constitution review commissions but their calls had kept falling on deaf ears.

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

“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,” said Vice-President Kunda.

“The many challenges of our various judiciaries are brought about by the interlocking state organs and their functions.”