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Sangwa questions Sata's appointment of 20-man constitution committee

Sangwa questions Sata's appointment of 20-man constitution committee
By Kombe Chimpinde
Wed 30 Nov. 2011, 13:55 CAT

ZAMBIA has no law that provides for the Republican president to appoint a technical team to come up with a Constitution, says constitutional lawyer John Sangwa. In an interview, Sangwa said there was no Statutory Instrument relied upon by the President in appointing the current 20-man team to come up with a constitution.

"If you are talking about the inquiry's Act, it is very clear because there you simply give the President recommendations at the end of the job, it will be up to the President to accept or reject them. The question is what law is the President relying on?" Sangwa asked.

"One of the things they would have or should do is provide a new law (through Parliament) which will facilitate this exercise. For instance, there is a law providing for referendum Act in place, but we don't have one providing for a technical committee on constitution making."

Sangwa said the transparency of the constitution-making process was premised on a law that would facilitate it.

"We needed government to pass legislation to guide that process. The danger is we have a fluid position and anyone can do anything. This is the problem that we had when late former president Frederick Chiluba created PHI (Presidential Housing Initiative), but if all these issues were discussed we would have a clear roadmap, like in the case of the National Constitution Conference (Act)," Sangwa said.

And Sangwa says the constitution-making process must be done in the shortest period possible so that the country does not waste money further.

"If we want to waste money, we can do it in 12 months or even two years by proposing provincial referenda instead of a national referendum. I don't agree with that kind of roadmap," said Sangwa referring to one of the terms of inquiry which provides that the members of the committee go to provincial centres to receive submissions.

"The views of the people on the constitution and what they would want to see in the constitution is more than adequately documented. The challenge we have is how to move the constitution-making process forward to an acceptable constitution document."

President Michael Sata has appointed a 20-member committee of experts to come up with the country's new constitution.

Labels: CONSTITUTION, JOHN SANGWA

posted by MrK @ 6:59 PM