Kavindele opposes experts committee appointments

COMMENT - Enoch Kavindele will shill for whoever promises him his roads project. Which is why he 'suddenly' started to sing the praises of the MMD. That not only shows a lack of character, it shows a lack of judgment, because the MMD lost. I really have no interest in anything else he has to say.

Kavindele opposes experts committee appointments
By Chiwoyu Sinyangwe and Agness Changala
Mon 21 Nov. 2011, 14:00 CAT

PRESIDENT Michael Sata's best chance to give Zambians a people-driven constitution could be spoilt by appointing to the committee individuals from previous failed constitution-making processes, says Enoch Kavindele.

Kavindele said President Sata's decision to constitute a team of experts to lead the constitution-making process was the best and cheapest way of giving Zambians a "people-driven" constitution that has eluded the country since independence in 1964.

In an interview, Kavindele, a former Republican vice-president, said Cornell University professor of law and director of the Institute for African Development Muna Ndulo should lead the constitution-making process while University of Zambia academician Dr Chaloka Beyani should also be considered.

"President Sata should be commended for his bold decision to come up with this committee of experts to look at the constitution making process," Kavindele said.

"This is an opportune time for the President to give the people of Zambia a constitution they have desired for a long time. But it can't be a good idea for those who played a role in the previous failed constitutions making processes; the NCC National Constitution Conference to be recalled."

He said the country had enough expertise to come up with a credible constitution, and recycling people who had been part of previous failed attempts was retrogressive.

"Some of the people appointed to the committee had strong views that led the NCC to fail and so, they should not play a role in this one because they could mislead the committee and once again cost the country a rare opportunity of coming up with a constitution that would be accepted to all the people and stand the test of time," he said.

"Human nature being what it is, those people whose views cost the country the constitution will definitely maintain their position on this one."

Lusaka lawyer Mwangala Zaloumis was NCC spokesperson while Professor Patrick Mvunga, apart from having led the constitution review process in 1996, has been associated with almost all constitution-making process in the post-UNIP era.

Kavindele said it was not too late for President Sata to remove from the committee of experts, members associated with the failed constitution-making attempts.

"The inclusion of these people means this process is also bound to fail," Kavindele said. "But this time around, we should not spoil this opportunity. It's sad that after spending billions of kwacha, we are going back to the decision that should have been made a long time ago."

Kavindele strongly backed the inclusion of Prof Ndulo and Dr Beyani on the committee of experts.

He said Prof Ndulo's "exemplary performance" in the formulation of the Kenyan constitution "certainly qualifies" him to play a role in the making of a constitution for "his homeland".

South Sudan, Africa's newest state was considering, among other proposals, a constitutional draft written by four Cornell law students under the supervision of Prof Ndulo.

And Non-Governmental Organisation Coordinating Council chairperson Beatrice Grillo says including law professors Ndulo and Michelo Hasungule on the constitution technical committee would avail the committee the international expertise needed.

Grillo said it was public knowledge that the two had been involved in constitution-making processes that had produced very good constitutions in neighbouring countries.

She said it was the women movement's view that Minister of Justice Sebastian Zulu should not be part of the committee being the government's main legal advisor and the one to receive the final report from the committee.

She said President Sata had the opportunity to expedite the finalisation of the constitution making process in a participatory manner and deliver a constitution that would stand the test of time within the shortest possible time.

"This is the most important legacy you can give to the Zambian people in general and women and children of Zambia in particular," Grillo said.

And Grillo asked President Sata to review the constitution technical committee and consider gender balance.

She said the women movement was disappointed that the composition of the constitutional technical committee had fallen short of the African Union (AU) and Southern Africa Development Community gender protocols to which Zambia was a signatory.

She said the desire of the women movement was to be part and parcel of the team that would usher in a constitution that would respect the rights of women, children, the differently-abled and other vulnerable groups to secure them through economic, cultural and social rights.

Grillo said while the terms of reference for the committee were generally acceptable, they did not agree with the proposed provincial and district constitution committees including the proposed consultations at both local and international levels.

She said this would be re-inventing the will and resource constraining given that the Mun'gomba Constitution Review Commission already went around the country to get submissions.