Sunday, November 25, 2012

Final draft constitution to be ready by June 2013

Final draft constitution to be ready by June 2013
By Kombe Chimpinde and Allan Mulenga
Fri 23 Nov. 2012, 17:20 CAT

JUSTICE minister Wynter Kabimba says the final draft constitution is expected to be submitted to government by June 2013.

Giving a ministerial policy statement on the 2013 estimates of revenue and expenditure for the Ministry of Justice in Parliament on Wednesday, Kabimba also disclosed that PF party officials had been restrained from making comments that would be seen to influence the constitution-making process.

"...Like I have made comments in the past in my capacity as secretary general of the party which are intended for PF members," Kabimba said. "…There shall be no white paper given or issued by government to tell the people of Zambia as to the views government has taken on this process. We shall obviously, internally as a political party, have our own position."

He added that the budget for drafting the constitution was being strictly managed.

"During the period November 2011 to September 2012, the technical committee spent a total sum of K52 billion," Kabimba said. "It is envisaged that a total K115 billion will be spent by the time the exercise is concluded."

He also said the government would embark on judicial reforms that would take into account every aspect of the justice system and not piecemeal reforms.

Debating the estimates of revenue and expenditure for the Ministry of Justice, Monze UPND member of parliament Jack Mwiimbu urged the government to call for a stakeholders' meeting to discuss the roadmap for the constitution-making process.

Mwiimbu told Parliament that if the roadmap was not clearly stated, the current constitution-making process was bound to fail.

"If they are not careful, the new constitution will be delayed. Even if we decide to have a referendum, it is bound to fail after utilising resources. The government should ensure that stakeholders are called to discuss the roadmap in the constitution because it will be a waste of resources. Above all, it will not achieve its intended purpose," he said.

Mwiimbu urged the government to ensure that the rule of law is upheld in its dispensation of duties.

"There is no justice for all. We have seen a situation that justice is only accorded comprehensively to card-carrying PF members. We have seen a situation where PF are able to demonstrate without disturbance, but others are denied," said Mwiimbu.

And Mpongwe MMD member of parliament Gabriel Namulambe said the government had not stated exactly when the constitution-making process would be completed.

Contributing to debate, Namulambe wondered what would happen after the final draft constitution has been submitted to Cabinet next June.

"We are requesting for a complete roadmap on the Constitution. The people of Zambia expect the desired constitution soon. The government should provide for the referendum. When is it going to be held for this constitution?" asked Namulambe.

Meanwhile, MMD Nalikwanda member of parliament Professor Geoffrey Lungwangwa said democracy cannot exist without justice.

"Zambians are multi-cultural, multi-ethnic, multi-lingual and multi-liberal but above all multi-party. That is what defines our democracy. Justice requires that we protect our differences which is the strength of our unity," Prof Lungwangwa said.

"Those who are administering justice must adhere to these deep values of respect and appreciation of others. Arrogance is anti-justice; leaders who display arrogance can never be just."

He said currently, he felt people's rights were being trampled upon through infringement of political parties' right to freedom of association.

"People are being taken to prison and left to languish in prison. We expect the justice minister to come up with clear benchmarks of good governance," said Prof Lungwangwa.



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