Maravi

Draft Constitution to decentralise appeals court

Draft Constitution to decentralise appeals court
By Tilyenji Mwanza
Sun 08 July 2012, 13:24 CAT

FOREIGN affairs and tourism minister Given Lubinda says the constitution making process has full political guidance and will.

And technical committee chairperson justice Annel Silungwe says the new draft constitution provides for the decongestion of the High Court through decentralisation.

Addressing an ecumenical committee from Kabwata, Kamwala and Libala at St Peters Anglican Church in Lusaka, Lubinda, who is also Kabwata member of parliament, said political leadership is supporting the process of constitution making.

"This process was started by politicians and the political leadership are supporting it and want it to come to an end as soon as possible," Lubinda said.
He said the government is driven by the interest groups and not political groups as the former carry the will of the people.

Lubinda said the draft constitution published is for prosperity and should stand the test of time.

"Each one of you should know that every word you utter should be of prosperity for a better Zambia. I understand that certain clauses may affect you but break free from the bondage of man; be selfless and contribute for the good of everyone and not just selfish needs," he said.

Lubinda also assured the people of Kabwata that he would not abandon them.

And justice Silungwe said the current draft constitution will not have any executive intervention and will be a clear reflection of the people.

He said the previous constitutions were under the enquiries Act and were submitted to the appointing authority and Cabinet for scrutiny.

"This is not the case with the current draft constitution; it does not require government to produce a white book or remove parts they are not happy with. If government officials want to make changes, even they have to make submissions like everyone else," he said.

Justice Silungwe, however, observed that for the constitution to be enacted,
there is need for a referendum which is scheduled to take place next year.
He said he was sure that the referendum would take place as the bill of rights cannot be amended without it.

"The referendum will based on the 2010 census therefore more people will be eligible voters and the fifty percent will be met easily," justice Silungwe said.

And justice Silungwe said the new constitution will decentralize the High Courts to all corners of the country, adding that there is a provision for the introduction of constitutional courts.

He said the constitutional courts will be at the same level as the Supreme Court and will be courts of first and final instance (no appeals) and will be headed by Chief Justice.

Justice Silungwe said all election petitions and human rights matters will be heard in the constitutional courts and no further appeals can be made once ruling has been passed in this court.

He also clarified that the president would not have powers to remove an elected vice-president that the in an event that running mate clause is adopted.

"A vote for the president will be a vote for the running mate. However, the president will not have power to fire the running mate because he would have been voted in by the nation and will be a representative of the majority," he said.

Silungwe further clarified that the introduction of the duo citizenship clause is not to give foreigners Zambian jobs but to allow them to be given citizenship and will be forced to invest in Zambia for sustainable development.

Labels: APPEALS, CONSTITUTION, DECENTRALIZATION

posted by MrK @ 5:35 PM