Wednesday, November 23, 2011

LAZ calls for scrutiny of constitution committee

LAZ calls for scrutiny of constitution committee
By Agness Changala
Wed 23 Nov. 2011, 13:59 CAT

LAW Association of Zambia president Musa Mwenye says there is need to subject the Constitution technical committee to scrutiny. And Mwenye says the constitution committee experts can come up with a constitution within 90 days.

Appearing on Muvi Television's The Assignment programme on Sunday, Mwenye said all stakeholders' concerns must be respected.

"And that is the encouragement to those presiding over this process. They need to hear the concerns of everyone, meet them and explain to them," Mwenye said.

He said the debate about the committee now should be whether those in the committee are sufficiently qualified to deliver a document that would stand the test of time or not.

And Mwenye said it was possible to come up with a constitution within 90 days because the data was already available.

"All the information is there; they can distill a constitution based on what had been submitted within 90 days," he said.

He said the draft constitution that the committee comes up with should also be subjected to scrutiny by the opposition political parties, civil society and the public.

Mwenye cited Kenya where the draft constitution was circulated and people were requested to submit their concerns to their members of parliament.

"That is the Kenyan experience, but the point is that after that draft is formulated, it needs to be subjected to scrutiny before it goes to a referendum because that lessens the amount of division in the referendum process," Mwenye said.

He said whether the scrutiny would need the commissioners to go to provincial centres to get more submissions is something that needed to be discussed.

Mwenye said the feeling of LAZ was that the PF could not have a part in the process other than a person who participates in scrutinising the draft.

He said the process must be done by the experts.

"The role of government is facilitative and not as a headmaster or as superintendent. The President and the government should facilitate the process by putting in place all the things that facilitate a truly inclusive and consultative process," Mwenye said.

He said it was extremely important that a political party or one sector of society does not control the process because the process was a national undertaking.

Mwenye said people had been denied a good Constitution that would stand the test of time for too long.

He said Zambians deserved a constitution and if vested interests were taken, it would not be delivered.

Mwenye observed that the country had failed to get a good constitution all the years it had attempted due to political vested interests.

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