UPND wants 50%+1 clause for selfish reasons - Scott
By Moses Kuwema
Thu 23 Jan. 2014, 14:01 CAT
VICE-PRESIDENT Dr Guy Scott says opposition political parties such as the UPND are championing calls for a new constitution because they want to be kingmakers once the 50 per cent plus one threshold is enacted.
And Vice-President Scott says it is not true that the terms of reference for the technical committee allows them to release the draft constitution simultaneously to the government and the public.
In an interview, Vice-President Scott said the trouble with Zambia's constitution-making process was that people were not looking beyond one election.
"The UPND is the third-biggest political party in Zambia. It gets much more power if there is a 50 per cent plus one clause because now it holds the balance. If you go back to the elections of 2011, if there had been a 50 per cent plus one clause, UPND would have been in a very strong position because although President Sata won, he did not get 50 per cent plus one. The UPND could be bargaining to PF and MMD to say what are you giving us to bring our vote behind you? They would have been the government or most powerful of the three parties although they are the smallest. So they are thinking '50 per cent plus one is a very good idea because now if we get a similar split of votes like in 2011, we are the kingmakers', and that's the noise coming from them," he said.
Vice-President Scott said the trouble was that people were just thinking about what effect the constitution would have on the next elections.
"They are not thinking how it will suit their children and grandchildren. For instance, the parentage clause, it is something which the MMD came up with just to exclude Dr Kenneth Kaunda from standing in 1996? The National Constitution Conference also did the same thing with the proposals for age limit for one to aspire as president in order to disadvantage Michael Sata. These are some of the issues I was raising when I said I don't like certain clauses in the current Constitution because it bars me from standing as president and not that I support calls for a new constitution," he said.
Vice-President Scott said the government did not want to come up with a constitution aimed at making sure the PF loses the next elections in 2016.
"We want to have a good look at what our consultancy (the technical committee) has done. If we are convinced, we shall look at how we are going to pass it into law," he said.
Vice-President Scott, however, said the PF could still win the elections in 2016 by the 50 per cent plus one margin.
"I don't think many people are ill-inclined towards us. We have some lack of popularity here and there but where we won, we would win all of them again," he said.
Vice-President Scott said people should not pre-empt the government's position on the constitution.
"People seem to forget we are the government. They think if they can gather enough church mother bodies, enough NGOs, CSOs, demonstrations, church services, that you can run the country; you can't, the government runs the country," he said.
Asked if the country would have a new constitution before the 2016 general elections, Vice-President Scott answered in the affirmative, saying as long as the "constipation surrounding the process is cleared".
And Vice-President Scott said there was nowhere whatsoever in the terms of reference for the technical committee where it is stated that they should release the draft constitution simultaneously to the public without government approval.
"If somebody is claiming that the technical committee should hand over this document at the same time as the government, where is this? There is no mention of that in the terms of reference. Let us be reasonable," he said.
Vice-President Scott also observed that it was not right for individuals who were members of the technical committee to be making noise on the new constitution.
Labels: 50 PERCENT PLUS 1, GUY SCOTT, UPND
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Identify people who should continue benefiting from subsidies - IMF
By Kabanda Chulu
Mon 01 July 2013, 14:01 CAT
COMMENT - It were the IMF and World Bank that demanded that Zambia privatise it's mines, making Zambia miss out on the boom in copper and commodities prices of the 2000s. I have not heard them apologize for that, let alone offer compensation. Until that date, IMF advise is unwelcome, to say the least. - MrK
IMF Zambia resident representative Tobias Rasmussen has advised the government to identify needy and vulnerable people who should continue benefiting from subsidies.
"Removing the subsidies does place an additional burden on those of meagre means who will struggle to pay more for fuel and maize. This calls for intervention to help offset the impact on the poor. Such intervention can take many possible forms, such as direct cash transfers to low-income households or free meals to underprivileged school children. By careful targeting, the needy can be compensated at much lower cost to the government budget than by subsidising everyone's consumption."
He said by failing to distinguish between rich and poor, subsidies were an inefficient way of social protection.
"Recent IMF research finds that in sub-Saharan Africa, on average, the richest 20 per cent of households capture about 45 per cent of fuel subsidies, while the bottom 20 per cent only receives 8 per cent. The situation regarding agricultural subsidies is more complicated and will take more time to correct, but also here it is clear that the current system is not effective in terms of targeting the most needy," he said.
Rasmussen said subsidies were an inefficient way of social protection.
He said the removal of subsidies on fuel and maize was an important step that had a potentially positive impact on the Zambian economy
He said subsidies were costly to the government and crowded out other areas of spending, including on much-needed infrastructure and social services.
"Together the fuel and maize subsidies cost about KR4 billion in 2012, and in some years, they have cost more than the government has spent on health or education. Fuel and maize subsidies also distort consumption patterns and discourage development of alternative supplies, reducing competitiveness and depressing economic growth," Rasmussen said, in an emailed response.
Rasmussen advised the government to stimulate the development of markets so that the private sector could step in to fill the void where the government was pulling out.
"With the right competitive environment, markets can greatly increase the efficiency of production and distribution, bringing benefits to producers and consumers alike," said Rasmussen. "Among others, this requires a stable policy environment, so grain traders know what to expect and will want to venture deep into rural areas to purchase maize that previously would have been sold to FRA at great cost to the government budget. In the case of fuel provision, greater competition can reduce pump prices and thus help offset the impact of subsidy removal at no cost to government."
Labels: 50 PERCENT PLUS 1, IMF, TOBIAS RASMUSSEN
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Lusaka Province constitution convention wants 50% + 1
By Kabanda Chulu
Sun 03 Feb. 2013, 14:00 CAT
DELEGATES to the Lusaka Province constitution convention have resolved to retain Article 82 of the draft document which states that the date for general elections shall be held every five years on the last Thursday of September.
The delegates also resolved to retain Article 101 as contained in the draft constitution that the constitutional court shall hear and determine an election petition relating to the president-elect, within 60 days of the filing of the petition.
During debates after presentation of group work reports, the delegates also agreed that the winning candidate for the presidency must receive not less than 50 per cent plus one vote.
The delegates further resolved to retain article 107 as contained in the draft constitution that the vice-president shall be elected as a running mate to a presidential candidate.
The convention also agreed with Article 100 of the draft constitution that the president-elect should not be immediately sworn into office after elections.
"The president-elect shall be sworn into office on the fifteenth day after the date of the declaration of election results, in order to ensure smooth transition," they stated.
The delegates also agreed with the draft constitution that the Republican vice-president-elect shall assume the office of the president if the President-elect fails to assume office for one reason or circumstances beyond his control.
"The vice-president-elect who assumes office as President as a result of this consequence shall appoint any person as vice-president, subject to the approval of the National Assembly signified by a vote of not less than two-thirds of the MPs," it stated.
"But where the vice-president elect, who is supposed to assume office of president dies before assuming office, the Speaker shall assume the office of president and a presidential election shall be held within ninety days of the vacancy occurring."
Labels: 50 PERCENT PLUS 1, CONSTITUTION, LUSAKA PROVINCE
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50%+1, running mate critical to democracy - Chongwe
By Misheck Wangwe in Kitwe
Thu 14 June 2012, 13:24 CAT
DR Rodger Chongwe says the 50 per cent plus one and the running mate clause in the first draft constitution are not foreign concepts but critical fundamentals of democracy.
Dr Chongwe, a member of the technical committee drafting the constitution, said the 50 per cent plus one clause would enable Zambians usher into office a popular Republican president that enjoyed the support of the majority citizenry.
He said assertions that the 50 per cent plus one clause was a recipe for anarchy were misplaced because such clauses was not new to Zambia.
Dr Chongwe, who was speaking at a public forum organised by the Press Freedom Committee of The Post, SACCORD and Friedrich Ebert Stiftung at Hotel Edinburgh in Kitwe, said there was no justification in the argument that 50 per cent plus one was a foreign concept in the national constitutionalism.
He said what was foreign in the constitution was the simple majority of electing someone to be in charge of a democratic country as big as Zambia.
Dr Chongwe said the Constitution of 1964 which created the presidency in terms of the election of the president, provided that the candidate to be declared the president of the republic must obtain over 50 per cent of the vote cast in the presidential election.
Dr Chongwe said when Zambia became a one party state in 1973, there was a constitutional amendment to reflect the one party state participatory democracy and the provisions in the 1964 constitution which insisted that for the person to be duly elected president of the country must secure 50 per cent of the votes cast.
"You will recall that even in 1995 when we were already in a multiparty democracy, the then president late Frederick Chiluba, appointed the late John Mwanakatwe to draw a constitution to replace the Mvunga constitution. In his report, Mwanakatwe stated that we are now going back to what the status used to be with regard to the election of the president so that we can secure a president who gets a majority vote and thereby bring political stability," Dr Chongwe said.
He said in the Mvunga constitution, the recommendation of the people was that the candidate must secure 50 per cent plus one but Chiluba and his colleagues in their white paper refused to accept the clause.
"The Chiluba regime reverted the country to a one party state in the Constitution where a person can become a president even if he or she secures 29 per cent of the votes and the number two secures 28.5 per cent," he said.
He said the demands from the people of Zambia on the 50 per cent plus one had been consistent.
Dr Chongwe said there were more than 72 tribes in the country and there was unity in diversity and it was imperative that people were free to choose their popular president.
He said Zambians were the owners of the constitution making process and it was up to them to decide the contents of the supreme law of the land.
On the running mate, Dr Chongwe said there was nothing wrong with a president having a running mate who shares ideologies with him to push the agenda of enhancing good governance in the country.
And Get Involved Zambia executive director Fr Frank Bwalya said all Zambians must try by all means to be counted as being part of the generation that secured a people-driven constitution that entrenches multiparty democracy.
Fr Bwalya said the change of government would be incomplete without the subsequent constitutional reforms and 50 per cent plus one clause should be a must.
Labels: 50 PERCENT PLUS 1, ROGER CHONGWE
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Constitution body to include 50%+1
By Roy Habaalu
Thu 19 Apr. 2012, 13:00 CAT
THE technical committee of experts drafting the new constitution says it will include contentious clauses such as the 50 per cent plus one vote in its draft document. The other contentious clauses include making elective the position of Republican vice-president. During the sitting of the National Constitutional Conference (NCC) constituted by the MMD government, a lot of clauses were rejected.
Several stakeholders had submitted to previous constitution review commissions that the 50 per cent plus one threshold be enshrined in the constitution so that an elected president becomes a reflection of the majority citizens' vote.
Technical committee spokesperson Simon Kabanda said the new draft constitution to be published at the end of this month would include the Bill of Rights, the 50 per cent plus one vote and the position of vice-president being elective.
He said the committee was compiling submissions from the previous constitution review commissions without receiving new inputs from the public.
Once the position of vice-president is made elective, Zambia would not go for a by-election in an event that a sitting president dies as his vice would automatically take over and finish the remaining term of office.
Malawi's constitution is an example of one with an elected vice-president as demonstrated after the recent death of president Bingu Wa Mutharita and the subsequent ascendancy to power of his vice, Joyce Banda.
The draft constitution would also include social and economic rights which were first rejected by the NCC, but were later adopted after pressure.
"We haven't changed what people submitted; that's the position," Kabanda said.
He said they were compiling all the documents through which the people had spoken.
"We are using Chona, Mvunga, Mwanakatwe constitution review commissions, the Electoral Reform Technical Committee (ERTC), the Mung'omba constitution review commission and the National Constitutional Committee (NCC) draft constitution. So we are drafting the new constitution without receiving any submissions from any member of the public," Kabanda said.
He said the first draft constitution would be subjected to public comments at district consultative forums which would be followed by provincial conventions at which all comments would be collected.
Kabanda said after the provincial conventions, there would be sector group constitution conventions that would be held in Lusaka.
"Sector groups include NGOs, the Church, trade unions, professional associations, government departments, and all various stakeholders. After that at national level, there will also be party consultative forum where political parties will meet to make comments as political parties together," he said.
Kabanda said this would be an opportunity for the public to verify if their submissions were included.
"…We shall produce the second draft constitution after we have collected comments from these conventions. The second draft will be validated at the national convention where people who participated in all these forums will be represented at national level for them to validate the comments that have been incorporated in the draft," said Kabanda.
Labels: 50 PERCENT PLUS 1, CONSTITUTION, NCC
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COMMENT - Ok, so the West's handpicked puppet doesn't know Zimbabwean electoral law... even though he is running for President. And no one else in the MDC could have tipped him? Anyway, the relevant clauses to the Electoral Act of 2004 are listed at the end of the article.
" 110 - (3) Where two or more candidates for President are nominated, and after a poll taken in terms of subsection (2) no candidate receives a majority of the total number of valid votes cast, a second election shall be held within twenty-one days after the previous election in accordance with this Act. "Tsvangirai 'unaware' of run-off clause
17/10/2011 00:00:00
by Staff Reporter
MORGAN Tsvangirai was ready to step in as President and drew up a team of his ministers after the March 28, 2008, election because he was unaware of a 2004 Electoral Act amendment requiring the winning candidate to obtain at least 50+ percent of the total vote.
The MDC-T leader won the first round with 47,9 percent, trailed by the incumbent President Robert Mugabe who polled 43,2 percent and Simba Makoni who was a distant third with 8,3 percent. Tsvangirai's numbers fell below the threshold necessary to form a government.
Election results were not announced until May 2, and during the delays, Tsvangirai says his party was sure he had outpolled his rivals.
“I started to prepare an alternative administration,” Tsvangirai reveals in his recently published memoirs, ‘At the Deep End’. “I had a transitional team devising a transitional mechanism and suggesting various departments and ministries. All that was left were firm appointments and taking over the government.”
But Tsvangirai says he soon sensed a change of mood in the defeated Zanu PF, and his fears were confirmed when South African president Thabo Mbeki announced “there was going to be a run-off in the presidential election long before the results were announced”.
He adds: “I wondered where their information was coming from. Mugabe soon joined the run-off chorus. How did he know, when ZEC [Zimbabwe Electoral Commission] was still holding on to the official results? How did Mbeki know? What was this run-off business all about?
“I was unaware that the law had been changed to deny a winner without 50 percent plus one vote to take over government. It must have slipped my mind at the time when it went through parliament. I did not know that in such an event, a run-off would be needed between the two leading candidates.”
Tsvangirai’s admission that he was ignorant of provisions of the Electoral Act will surprise some of his supporters.
The provision was introduced into the Electoral Act in 2004 as part of a raft of amendments ahead of the 2005 parliamentary elections. It sailed through parliament without opposition from MDC MPs.
A presidential run-off was called for June 27 of the same year but Tsvangirai pulled out after Mugabe’s supporters, he claims with the backing of the military, swept the countryside in a reign of terror which left over 200 MDC supporters dead.
Tsvangirai became Prime Minister in a unity government formed in February 2009 after pressure from regional leaders. Mugabe stayed on as President.
The Prime Minister's memoirs, 'At the Deep End', are published by Penguin Books in South Africa.
***********************
Here is the relevant part of the Electoral Act of 2004:
CHAPTER 2:13
ELECTORAL ACT
Act 25/2004
The run-off principle is spelled out in 110 (3).
110 Determination and declaration of result of election to office of President
(1) Where only one candidate for President is validly nominated at the close of the day on which a nomination court sits in terms of paragraph (a) of subsection (1) of section one hundred and three, the Chief Elections Officer shall declare such candidate to be duly elected as President without the necessity of a poll.
(2) Where two or more candidates for President are validly nominated, a poll shall be taken in each constituency for the election of a President.
(3) Where two or more candidates for President are nominated, and after a poll taken in terms of subsection (2) no candidate receives a majority of the total number of valid votes cast, a second election shall be held within twenty-one days after the previous election in accordance with this Act.
(4) In a second election held in terms of subsection (3) only the two candidates who received the highest and next highest numbers of valid votes cast at the previous election shall be eligible to contest the election.
(5) If, after a second election held in terms of subsection (3), the two candidates referred to in subsection (4), receive an equal number of votes, Parliament shall, as soon as practicable after the declaration of the result of that election, meet as an electoral college and elect one of the two candidates as President by secret ballot and without prior debate.
Also interesting, because the NGOs/UK/US governments always like to talk about 'Mugabe's elections', and other spin.
http://www.kubatana.net/docs/legisl/elecact050121.pdf
102 When election to office of President to be held
(1) Pursuant to subsection (3) of section 28 of the Constitution, an election to the office of President shall be held within ninety days—
(a) before the term of office of the President expires in terms of section 29 of the
Constitution; or
(b) after the office of President becomes vacant by reason of his or her death or resignation or removal from office in terms of the Constitution.
(2) In an election to the office of President, every registered voter shall be entitled to vote.
Labels: 2011 ELECTIONS (ZIMBABWE), 50 PERCENT PLUS 1, MORGAN TSVANGIRAI, STUPIDITY
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MUZ urges 50%+1 in electoral Act
By Misheck Wangwe
Mon 28 Mar. 2011, 04:00 CAT
THE inclusion of 50 per cent plus one threshold in the electoral Act before elections is inevitable because Zambians deserve a popular Republican president, according to Mineworkers Union of Zambia.
In an interview, MUZ general secretary Oswell Munyenyembe said there was need for government to respect the demands of the people who initially spoke through the Mung'omba draft constitution that the country needed the 50 per cent plus one vote for the winning presidential candidate.
He said there was no need for the government and stakeholders to continue fighting over constitutional reforms because it was clear that elections would only be credible if the wishes of the people were embraced by the Constitution. “ It's the people of Zambia who have been calling for constitutional reforms for many years. The issue of 50 per cent plus one and the need for other critical clauses to be enshrined in the constitution has always been the people's voice. So the people's calls must be respected because we need credible elections this year and the threshold would enhance the legitimacy of the elected president and his government,” Munyenyembe said.
And Munyenyembe said the politics of insults and character assassination that had been embraced by politicians were not inspiring the electorates.
He said every well-meaning Zambians, including mineworkers, who had influence in the electoral process were interested in seeing issue based campaigns.
Munyenyembe said insults and violent campaigns were extremely embarrassing and would not end poverty or address the many economic challenges the country was facing.
“ The government should tell the nation what it has done for the people and why it deserves to remain in power. The opposition should also tell the people what it will do to transform the economy and bring positive change. If the minds of politicians are occupied with real issues, electorates will have the opportunity to make wise decisions and that's the essence of democracy,” he said.
Munyenyembe said people would be able to see and judge who would make a better government by looking at the manner in which they were conducting their campaigns.
Labels: 50 PERCENT PLUS 1, MUZ, OSWELL MUNYENYEMBE
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Col Panji, others consult on Pact
By Christopher Miti in Chipata
Mon 28 Feb. 2011, 04:01 CAT
Col Panji Kaunda yesterday disclosed that stakeholders in Eastern Province will this week be consulting on the candidate they will support for this year’s presidential election to ensure that the MMD is kicked out of office.
In an interview, Col Panji, who is organising chairman for the Eastern Province Pact Forum, said people in the area would not allow the Pact to die because it was their initiative. He said the PF-UPND pact was born out of the people’s will and not because of Michael Sata or Hakainde Hichilema’s wish.
“We will not allow the Pact to die because it doesn’t belong to Sata or HH,” Col Panji said. “For this reason, as a province, we have embarked on consultations with all stakeholders who will include churches, NGOs and all political parties on who to support to represent us in this year’s election. We hope this process can be completed in the next ten days.”
Col Panji said to conclude the consultations, the organising committee would put together a day’s conference in Chipata, where all stakeholders from the province would be represented.
“We have picked on Chipata because of its centrality. People from all districts in the province will find it easier to travel to Chipata,” Col Panji said. “At the end of the conference, there will be resolutions.
This is very important for us because this conference will resolve as to which candidate we will rally behind in this year’s presidential election. We hope other provinces can emulate what we are doing. To us, this decision is our 50+1%. It is the surest way of getting rid of the MMD. As a province, we are saying we shall not allow any individual’s interest to spoil our opportunity to remove the MMD from power. And in doing what we are doing, we have risen above party interests or affilliations. We are considering national interest first.”
Labels: 50 PERCENT PLUS 1, PANJI KAUNDA, PF-UPND
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Demand 50% + 1 vote before elections - chief Nalubamba
By George Zulu
Mon 14 Feb. 2011, 04:01 CAT
ZAMBIANS must stand up and demand a new constitution with the 50 per cent plus one threshold before this year’s elections, says Senior chief Bright Nalubamba. In an interview, chief Nalubamba said the rigging of elections started with a bad constitution, which only favoured those in leadership. Chief Nalubamba said Zambians should pressure the government leaders for a people driven constitution.
“It is cardinal in the democratisation of any country to have a constitution which is people-driven especially which averts electoral problems, and Zambians must demand for that now or never again,” chief Nalubamba said.
He said the events in Egypt were not driven by dreams but a real demand for a serious change of government.
“There is a lesson we can learn from the events in North African countries. People in Egypt are united, spoke with one voice and their demand is well tabulated and known; and that is what made their president resign. He Hosni Mubarak had to heed the call, they were not violent at all,” he said.
“What can stop Zambians from demanding for a new constitution which will address issues of good governance by enhancing the electoral process of Zambia to avoid electoral conflicts?”
He said people should be united and speak with one voice if they wanted their needs to be met.
“This fight should not only be for people in urban areas; even those in rural areas must take part for that meaningful change they desire. They should have their voice heard, they need to be seen to be participating in issue of governance rather than to be regarded as a dumping site,” said chief Nalubamba.
Labels: 50 PERCENT PLUS 1, CHIEF NALUBAMBA
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Even without 50% plus 1 Zambians will decide – Magande
Tuesday, December 28, 2010, 20:15
Former Finance and National Planning Minister Ng’andu Magande has said whether the 50 plus one percent threshold is included or not in the new Constitution ahead of the forthcoming 2011 tripartite elections, Zambians will decide on who they want to lead the nation.
The former finance minister was reacting to concerns raised by various stakeholders that the exclusion of the 50% 1 vote clause in the new constitution will render the 2011 elections not free and fair.
Mr. Magande says he has faith in the Zambian people and that nothing will stop them from achieving the much needed change.
Speaking with Qfm in an interview, the former minister says the 50%plus one clause is something that Zambians can rely on, but that its absence should not compel people to lose confidence in the current electoral system.
He says Zambians have learnt lessons from past experiences and that the 2011 elections will be different as people have suffered too much.
Mr. Magande has also advised youths in the country not engage in political violence as they are an important resource who can be used in economic development.
[Qfm]
Labels: 50 PERCENT PLUS 1, CONSTITUTION, NG'ANDU MAGANDE
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‘Zambians feel cheated over constitution’
By Masuzyo Chakwe
Thu 09 Dec. 2010, 04:01 CAT
ZAMBIANS feel cheated over the government’s manipulation of the Constitution, says Engwase Mwale. Commenting on the government’s decision to exclude from the new Constitution important clauses like the 50 per cent plus one, Mwale, the NGOCC executive director, said the government had not been honest in its handling of the constitution.
Mwale said Zambia had missed an opportunity to have a constitution that would render the elections credible.
She said it was unfortunate that a few selfish individuals had taken the country backwards by ensuring that the most fundamental principles of the constitution were left out.
Mwale said the exclusion of the 50 per cent plus one threshold, among other clauses, was a direct infringement on the rights of citizens to express themselves by choosing a leader.
She said the government should rethink its position on the 50 per cent plus one clause.
“The 50 per cent plus one is important because it legitimises the office of the President because we cannot have a country being led by a minority President,” said Mwale.
Recently, Vice-President George Kunda announced that the government would enact the new constitution excluding all the clauses that the National Constitutional Conference (NCC) had referred to the referendum.
Labels: 50 PERCENT PLUS 1, CONSTITUTION, ENGWASE MWALE, NCC
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Adopt 50% + 1 clause, urges Kenyan MP
By Chibaula Silwamba
Fri 10 Dec. 2010, 04:01 CAT
A KENYAN legislator has urged Zambians to adopt the 50 per cent plus one law to ensure that the winner of presidential elections enjoyed majority support.
Kenya Parliamentary Legal Affairs committee chairperson Ababu Namwamba said a national leader that exercised state power over the population must enjoy the greatest possible majority endorsement of the people and the 50 per cent plus one rule ensured that status.
He said 50 per cent plus one law would help to avoid the elected president being regarded as a minority leader.
“The 50 per cent plus one is something that I will encourage African countries to adopt because it guarantees the leader acceptable, popular, majoritarian mandate. It also avoids a lot of squabbling that you see at every election,” said Namwamba in an interview in Lusaka on Wednesday.
“I would invite Zambians to consider it. But at the end of the day, remember that we need political solutions that are homegrown, relevant to every special circumstance of every country.”
He said Kenya had enshrined the 50 per cent plus one clause in its new constitution and Kenyans were eager to use the clause in the 2012 general election.
Namwamba said Zambia must come up with a system that was uniquely Zambian.
He said the political impasse in Zimbabwe and Ivory Coast, which he described as unfortunate and blatant abuse of the constitution, should not make people lose confidence in the 50 per cent plus one.
“We need to distinguish between a good constitution and good leadership because even a good constitution needs good and committed leaders to fully implement it,” he said.
“You could use good examples like Ghana and Guinea where the 50 per cent plus one rule has worked very well.”
He said the Kenyan Constitution was revolutionary, turning the state upside down and changing the culture of conducting politics and public affairs.
Namwamba said, in line with the new constitution, the position of chief justice would be advertised to find a suitable candidate to ensure the judiciary was independent from the executive and legislature while cabinet ministers, without deputies, would be from outside parliament.
“We have removed the executive from parliament and parliament is now an independent institution,” said Namwamba.
“Cabinet will only interact with parliament through committees. We will never again see some cabinet secretaries ministers on the floor of parliament.”
Labels: 50 PERCENT PLUS 1, ABABU NAMWAMBA
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A wasted effort
By The Post
Thu 09 Dec. 2010, 03:59 CAT
A good constitution is one inscribed in the hearts and minds of people.
Serious attention is paid to this document because it is a guide by which people are governed. In the quest for better governance, many countries world over have delved into reviewing their constitutions and our country is not an exception. Zambia has been grappling with the issue of reviewing the constitution, with four constitution review commissions having been set up in the past to collect submissions from people. But our country has over the years failed and the soon-to-be enacted constitution is another wasted effort.
It is very clear that those who were tasked to write a constitution for us did not rise above personal and narrow interests. The delegates at the National Constitutional Conference (NCC) appeared to have no obligation to our people.
They lamentably failed to proceed on all issues from the interests of the people such that one could not help but wonder who they were writing the constitution for. It’s no wonder that George Kunda is today saying the government will go ahead and enact the new constitution excluding the clauses that were referred to the referendum.
We are not surprised with this outcome because various key stakeholders opposed the mode that the government used to deliberate the Mung’omba draft constitution, a brilliant document with many progressive clauses. Our people wanted a constituent assembly, but the MMD government insisted on the NCC as a mode to examine, debate and adopt the Mung’omba draft constitution. We have not forgotten how various stakeholders, including the Oasis Forum opposed the setting up of the NCC.
They insisted that the constitution be adopted through the constituent assembly, but the MMD was adamant over the matter and a draft bill was prepared after some consultation. We still remember how some sections of the church and civil society organisations accepted the idea reluctantly but called for further consultation over the matter.
The people feared that the bill, formulated on the Zambia Centre for Interparty Dialogue (ZCID) roadmap, advocated piecemeal amendments of the constitution and reserved the right of Parliament to debate and amend the recommendations of the constitutional conference. The stakeholders felt that the bill was retrogressive as it merely limited the NCC to making recommendations to the minister of justice.
Again these wishes were ignored and the MMD government took the bill to Parliament. When civil society threatened to demonstrate over the constitution review making process, George, then justice minister, accused the Oasis Forum of derailing the process and said the government intended to achieve a comprehensive review of the constitution in a less costly manner.
We still remember how the bill sailed through Parliament and the late Levy Mwanawasa assented to it, making it law. Stakeholders such as the Zambia Episcopal Conference, Council of Churches in Zambia, Evangelical Fellowship of Zambia, Patriotic Front and the Non-Governmental Organisations Coordinating Council boycotted the NCC, but the process started with about 496 members.
This NCC sat at taxpayers’ expense and altered the draft constitution to great lengths. Much as it left some good clauses intact, it referred to the referendum some key issues, which our people wanted to see in their constitution. The NCC referred to the referendum the clause on the 50 per cent plus one threshold, the clause on the involvement of Parliament in debt contraction and the clause that requires a parliamentarian to retain his seat as an independent member in the event that his political party is dissolved. The NCC also referred to the referendum the clause that requires the National Assembly to approve the increase and decrease in the number of ministers and deputy ministers as provided by the Constitution under the request of the president and the clause on the bill of rights.
However, enacting the new constitution without the 50 per cent plus one threshold means that the country will continue to be governed by minority presidents who will use much of their time in power to justify that they are popular and duly elected. Some people have argued that the 50 per cent plus one threshold is costly and has led to conflict in some countries where it is used. But these arguments do not hold water. Democracy is not cheap and we should, as a country, be ready to spend if we are to make meaningful progress in the political system we espouse. Zambians have for some time been asking for the 50 per cent plus one threshold but those in power have selfishly continued to manipulate the process and remove it from the constitution.
There has also been concern about the manner in which the government has been contracting debts, especially after the country qualified for the Highly Indebted Poor Countries (HIPC) completion point. The HIPC and Multilateral Debt Relief Initiative contributed significantly to the reduction of the country’s debt, which stood at about US$7.1 billion at the time. Many stakeholders have warned that the country risks falling into a debt trap, a debt that future generations will have to struggle to liquidate. According to the 2011 budget, “the government intends to receive about US$400 million in concessional and non-concessional loan disbursements during 2011.”
Last year during the 2010 budget address, Situmbeko Musokotwane told us “the government’s stock of foreign debt is expected to grow by US$59.7 million to US$1,159.6 million by the end of 2009.” Clearly these figures will continue to rise. For a long time now people have been calling for Parliament’s involvement in the contraction of debt so that people can know what the country wants to borrow for. It is quite clear that the country needs a serious national debt management strategy that will protect it from unnecessary debt and misapplication of funds that ultimately erode the gains of debt cancellation. In a country like ours where leaders have an insatiable appetite for borrowing even for things like mobile hospitals, we seriously needed this clause in the constitution.
We need to know why we are borrowing, what we are going to use the money for and whether or not we have the capacity to manage effectively and in an orderly manner what we have borrowed and how we are going to repay. This is the more reason our people wanted to have a say on debt contraction through Parliament. But George and his friends do not want that.
The issue of Parliament having a say in the decrease or increase in the number of deputy and Cabinet ministers is also valid and there has been concern from many of our people who feel that there is need to do things differently. This is an important issue, which cannot be ignored especially that it involves taxpayers money. The bill of rights is another key part which involves our people’s economic, social and cultural rights and it needed special attention. There was absolutely no need to refer the bill of rights to the referendum because this bill is about the basic needs of our people. But we are not surprised because this is the same clause that attracted laughter during the NCC sittings as some people felt that these rights could not be guaranteed to our people. Any caring government would want to ensure that these essential rights such as food, health, shelter, education and sanitation among others are met to enable its people participate meaningfully in the political process. But these are the rights that George and his friends have decided to refer to the referendum and he is not sure when the referendum will be held because there is no money. But was there even any need to refer these clauses to the referendum?
The outcome of this constitution review process was well calculated and the NCC referred these clauses to the referendum on purpose. But this tendency of mishandling the review process will not help the country and our people in any way. This process is very costly and one will notice that some clauses in the various constitution review commissions are the same; our people have been very consistent. However, those in government have over the years been selfish and they have not worked towards giving people a good constitution that will stand the test of time. This is clearly an MMD constitution and those who sat to craft it were not looking beyond their short-term political interests. It is sad that after 46 years of independence we are still talking about the constitution and yet South Africa, which is 16 years in terms of democratic rule, settled the matter amicably. In fact, South Africa’s post-apartheid constitution remains one of the best models because it guarantees the very social, economic and cultural rights that the NCC delegates laughed at.
We agree with NGOCC executive director Engwase Mwale’s statement that Zambians feel cheated over the government’s manipulation of the constitution. Zambia will definitely have another constitution review process because our people still need a good, people-driven constitution, one which they will call their own. And that constitution will one day be enacted because the soon-to-be-enacted document is a wasted effort.
Labels: 50 PERCENT PLUS 1, CONSTITUTION, HUMAN RIGHTS, NCC, ZCID
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COMMENT - Like the previous story on the nationalisation of mr. Rajan Mahtani's Finance Bank, this is about the monopolisation of power, which to the MMD is a greter good than their alleged loyalty to neoliberal ideology. People want a 50+ 1 law in the constitution, but they can't have it because it makes an MMD victory less likely. George Kunda practically directed the NCC process - how is this representing the people's will? It isn't. It is about ensuring continued MMD rule. Privatisation is about increasing MMD finances. Nationalisation is about taking out MMD opponents and their financing. There is no economic ideology involved, but it has real economic consequences. Minister Musokotwane was correct when he said that the current system would not dent poverty 'for another 30 years'. He might as well have said 100 years. This has to change.
‘Zambians feel cheated over constitution’
By Masuzyo Chakwe
Thu 09 Dec. 2010, 04:01 CAT
ZAMBIANS feel cheated over the government’s manipulation of the Constitution, says Engwase Mwale.
Commenting on the government’s decision to exclude from the new Constitution important clauses like the 50 per cent plus one, Mwale, the NGOCC executive director, said the government had not been honest in its handling of the constitution.
Mwale said Zambia had missed an opportunity to have a constitution that would render the elections credible.
She said it was unfortunate that a few selfish individuals had taken the country backwards by ensuring that the most fundamental principles of the constitution were left out.
Mwale said the exclusion of the 50 per cent plus one threshold, among other clauses, was a direct infringement on the rights of citizens to express themselves by choosing a leader. She said the government should rethink its position on the 50 per cent plus one clause.
“The 50 per cent plus one is important because it legitimises the office of the President because we cannot have a country being led by a minority President,” said Mwale.
Recently, Vice-President George Kunda announced that the government would enact the new constitution excluding all the clauses that the National Constitutional Conference (NCC) had referred to the referendum.
Labels: 50 PERCENT PLUS 1, CONSTITUTION, ENGWASE MWALE, NGOCC
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Zambians are hungry for change - chief Hanjalika
By George Zulu in Monze
Tue 30 Nov. 2010, 04:00 CAT
ZAMBIANS are hungry for change of leadership next year, says chief Hanjalika of Mazabuka district. And chief Hanjalika says pursuing PF leader Michael Sata in connection with the US $100,000 now is politically engineered.
In an interview, chief Hanjalika said
it was possible that next year Zambia would be under a new leadership and government with or without the PF-UPND pact. He said
the desire for change was evident enough from debates going on in the country.
"I am not a politician but looking at what the people are saying, even here in rural areas, change is possible. It's unavoidable and I am seeing that coming next year," he said.
Chief Hanjalika said the government’s failure to convene an urgent referendum to consider the 50 per cent plus one vote as the presidential threshold had annoyed Zambians.
"People are registering as voters and what they are saying is that they are not happy with the current government, especially that it has failed to consider the urgency of the referendum on the 50 per cent plus one vote for a wining president before next year’s elections," he said.
And chief Hanjalika said pursuing Patriotic Front president Michael Sata now over the US $100,000 was poorly done.
"Whatever they want to do with Mr. Sata, they should have a conscience,” he said. “Let them not be political in the manner they handle it. I wish they can look at it in a much broader way than doing it at this time.”
Labels: 50 PERCENT PLUS 1, CHIEF HANJALIKA, MICHAEL SATA
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Exclusion of 50%+1 is a mockery to Zambians - Fr Mpasa
By Kombe Chimpinde
Sun 28 Nov. 2010, 04:00 CAT
A MANSA clergyman says the exclusion of the 50 per cent plus one threshold from the new constitution is a mockery to Zambians. Commenting on the government’s decision to set aside the clauses of the draft constitution that were referred to a referendum including the 50 per cent plus one threshold, Mansa Diocese Vicar General Fr Mambwe Mpasa yesterday said those in government had ignored the people’s wishes and interests due to selfishness.
“It is clear that
the end product of the process has been designed to suit the wishes of the MMD government and not the Zambians and I think all of us who have the interest of the country at heart should say no to the enactment of a new constitution minus the fundamental 50 per cent plus one,” said Fr Mpasa said in an interview.
He doubted the legitimacy of the new constitution that would be enacted, saying many important issues that people proposed had been removed by the National Constitutional Conference.
“It is sad. Look at the resources we put into the constitution, not to talk about the money that government spent to take Chiluba's cases to the London court. Government keeps putting money on lies. This is evidenced by how they have u-turned on the promises they made on the constitution,” Fr Mpasa said. “Zambians have been cheated on proposals they made to the constitution-making process which they wanted enacted before the 2011 elections.“
He said the MMD should not use the excuse of lack of funds on the issue of the referendum because they planned to exclude the 50 per cent plus one threshold from the onset.
“They doctored it the current strategy on the constitution even when they said we will enact it before 2011 elections. The Catholic Church has been vindicated for refusing to be part of the NCC,” he said.
He said it was disappointing that the MMD could discard people’s ideas after wasting so much money on the NCC process.
Fr Mpasa said leaders must learn to put the people’s wellbeing first.
He said the MMD’s style of governance centered on selfish gains instead of integrity, honesty and sincerity.
“Leaders are very selfish. They are more interested in personal gains of governance than the interests of the nation. That’s why people are u-turning on things they started with goodwill,” said Fr Mpasa.
“You can see clearly that political leadership is lacking. The other thing is that our leaders lack honesty and integrity. How can one today take cases to London for prosecution and then the next morning change their position and say ‘I was acting on instruction’? It is selfishness.”
Labels: 50 PERCENT PLUS 1, MAMBWE MPASA
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Constitution irrelevant without 50%+1 - AVAP
By Florence Bupe
Wed 24 Nov. 2010, 03:59 CAT
ANTI-Voter Apathy Project says the new constitution will be irrelevant to next year’s general elections if the 50 per cent plus one clause is not addressed.
In an interview, AVAP executive director Bonnie Tembo said he was disappointed with Vice-President George Kunda’s announcement that the government would adopt some clauses of the National Constitutional Conference (NCC) draft constitution for possible enactment, excluding the 50 per cent plus one and other important clauses.
“The constitution will be incomplete and irrelevant without the inclusion of the 50 per cent plus one clause, which in our view is central to any democratic election process,” he said.
Vice-President Kunda last week announced that the government had begun the process of enacting part of the constitution except for clauses that require a referendum, including the 50 per cent plus one clause for a winning presidential candidate due to financial implications.
Tembo said the government had enough resources but its priorities were misplaced.
“Government needs to understand that democracy is expensive and they have to spend to put in place legislation that is beneficial to our growing democracy.
Government is claiming not to have enough resources to take the 50 per cent plus one clause to a referendum, yet there is always money available for the President to travel with huge delegations,” he said.
Tembo urged every progressive Zambian to pressurise the government to include the 50 per cent plus one clause in the new constitution to ensure that legitimate leaders were elected next year.
He challenged the present government to make decisions for the good of the country and not out of their selfish motives.
“We are appealing to Cabinet to think beyond themselves and 2011 and enact laws that will contribute positively to national development,” Tembo said. “Cabinet should embrace what the Zambian people want and support the 50 per cent plus one clause.”
Tembo also challenged home affairs minister Mkhondo Lungu to be honest with the nation on the issue of registered voters whose National Registration Card (NRC) numbers appeared as 111111/1/1.
He said Lungu’s explanation that the number was a code the Electoral Commission of Zambia (ECZ) was using to highlight entries that had incomplete information was misleading.
Tembo urged the government, through ECZ, to publish the names of all those registered under the number in question to persuade them to submit their correct and compete details at district level.
Labels: 50 PERCENT PLUS 1, AVAP, BONNIE TEMBO
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MMD scared of 2011 polls, says Fr Miha
By Darious Kapembwa and Kabanda Chulu in Kitwe
Tue 23 Nov. 2010, 04:02 CAT
FR Miha Drevensek says the MMD government has refused to incorporate democratic clauses in the proposed constitution because it is scared of its own shadow.
In an interview yesterday, Fr Miha, who is Mission Press director, said the government was afraid of next year’s elections because they had failed to fulfil their promises to the people.
“They have failed to deliver in 20 years. They promised the people and now people are frustrated because if I am a good leader, why should I fear to put 50 per cent plus one in the constitution and why should I fear a referendum?” Fr Miha asked.
He said the government had manipulated the people.
“This is the most unfortunate situation because being elected by a two-thirds majority is the desire of any right-thinking politician but it is unfortunate that most politicians spend time discussing one another instead of discussing policy matters,” Fr Miha said.
And Copperbelt acting PF provincial chairman Chibwe Mulenga said the MMD would not easily manipulate next year’s elections despite the exclusion of the 50 per cent plus one clause from the proposed constitution.
Mulenga, a former parliamentarian for Chifubu, said PF was capable of winning any election with or without the 50 per cent plus one clause.
“My advice to PF members is not to panic over the refusal to send the clause to the referendum because this party is capable of winning any election,” said Mulenga.
“MMD is not a factor in Zambian politics anymore. Even if they rig, they will not succeed this time around since the tools they use to rig are known.”
Labels: 50 PERCENT PLUS 1, CHIBWE MULENGA, MIHA DREVENSEK, MMD
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Rupiah is scared of 50%+1 - Sata
By Patson Chilemba in Mbala and Chibaula Silwamba in Lusaka
Sat 20 Nov. 2010, 04:01 CAT
Michael Sata yesterday charged that Zambians have been robbed yet again over the none-inclusion of important pieces of legislation like the 50 per cent plus one clause in the Constitution. And PF secretary general Wynter Kabimba yesterday said the Rupiah Banda government has cheated Zambians on the constitution making process.
Reacting to Vice-President George Kunda’s comment that government will take some clauses of the National Constitutional Conference (NCC) for possible enactment excluding the 50 per cent plus one and other important pieces, Sata wanted to know when Kunda would stop being deceitful.
He said the government under the advice of Kunda decided to rob Zambians of their meagre resources through the NCC.
“When is comrade Kunda going to stop being deceitful? The people of Zambia have been fighting for a constitution to stand the test of time not a piecemeal constitution. Since the MMD appointed John Mwanakatwe, the constitution did not stand the test of time, they then appointed Wila Mung’omba and Chifumu Banda,” Sata said.
“What is the rush? The people shall make a constitution of their choice, not a constitution of George Kunda.”
He said people in Zambia had been robbed by George Kunda by expending hundreds of billions of tax payers’ funds on what he termed a bogus constitution.
Sata urged Vice-President Kunda to avoid cheating people that clauses referred to the referendum will not be in the constitution saying that was what they had planned for in the first place.
He observed that President Banda and his corrupt regime were scared of the 50 per cent plus one because it will be too much for them to rig the election.
He said they (President Banda and Vice-President Kunda) were also scared of the overwhelming rejection they would face from the Zambian people but were rushing to enact a constitution tailored for them.
“And if he says ‘we are going to Parliament’, what are they presenting to Parliament if the important piece like the referendum and other important things are not there?” he said.
Lusaka lawyer Edgar Lungu said the NCC was just a ploy to siphon money from the national treasury.
He said the government’s plan to enact “useless clauses” into law at the expense of important clauses justified those that boycotted the NCC as there was clearly no goodwill to enact a constitution that would meet people’s aspirations.
“It was just a ploy to siphon money out of government using a seemingly legitimate cause,” Lungu said.
And commenting on Vice-President George Kunda’s announcement that the government had began the process to have partial enactment of the Constitution except for clauses that require a referendum, including the 50 per cent plus one for winning presidential candidate, due to financial implications, Kabimba accused the government of duping Zambians.
Kabimba said at the time when late president Levy Mwanawasa’s government appointed the Mung’omba Constitution Review Commission in 2003 and the Chifumu Banda-led NCC in 2007, it had assured Zambians that they would have a new constitution.
“After having duped the people of Zambia into believing that they were coming up with a completely new constitution because the current one is bad in terms of presidential powers, first past the post electoral system, be it because of inadequate Bill of Rights or its lacking social and economic rights,” said Kabimba, a lawyer. “All of us believed that the current constitution is bad in those areas hence the Zambians have been looking forward to a completely new constitution that will address these issues. By the government now turning around, as the Vice-President has said that we shall go for amendments of the 1996 Constitution, is actually an act of fraud. The government is committing an act of fraud in the eyes of the Zambian people.”
He wondered why the government was turning around after having spent over K135 billion on the constitution-making process.
Kabimba said the Banda government was doing exactly what the Frederick Chiluba government did in 1996.
“For me, this is the government that has cheated Zambians in the constitution making process, yet again,” Kabimba charged. “So the arguments that were raised by opposition political parties like the Patriotic Front and the civil society at the time of establishment of the NCC to the effect that this process is a fraud, sham and that it is not intended to serve the people of Zambia by giving them the constitution that will not stand the test of time, resonate very clearly today as they did at that time. We have been proven right.”
He said Zambians should not forgive the Banda regime for cheating them that it was going to give them a new constitution when in fact it was just piecemeal amendments. “Now we are talking about an amendment to the constitution. Therefore, as Patriotic Front, we believe that the issue of the Constitution is an election issue; we shall take it to Zambians to decide,” Kabimba said.
Kabimba said the government avoided the referendum for fear of the 50 per cent plus one threshold because its candidate could not get those votes.
“That is an act of fraud and RB Rupiah Banda knows that he can’t marshal more than 38 per cent of the votes in a presidential election today,” said Kabimba.
And Anti Voter Apathy Project (AVAP) executive director Bonnie Tembo said the clauses that were referred to the referendum, which the government has excluded, were more important than those what Cabinet resolved to be amended.
Tembo urged President Banda to cut on his trips so that the country could save money to hold a referendum.
He said the amendments the government wants to make to the Constitution would make it incomplete minus those clauses that had been referred to the referendum.
“It’s not in order to say that we are going to have a new constitution because that is not true. The best opportunity is now to have a referendum so that come 2011 we have a complete constitution. What has to go to the referendum is what the Zambians want. The government must respond to the needs of the people,” said Tembo. “We demand a referendum must be held.”
Labels: 50 PERCENT PLUS 1, MICHAEL SATA, WYNTER KABIMBA
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50% + 1 won’t be used in 2011 - Kunda
By Chibaula Silwamba
Fri 19 Nov. 2010, 04:01 CAT
THE 50 per cent plus one threshold for a presidential candidate will not be used to determine the winner in next year’s general elections. Vice-President George Kunda yesterday confirmed that the requirement for presidential election victory was among five contentious clauses referred to a referendum by the Chifumu Banda-led National Constitutional Conference (NCC).
However, he said the referendum would not take place before next year’s tripartite elections, partly because of cost implications.
This means the 50 per cent plus one provision for a candidate to be declared president would not be part of the electoral Act on which the 2011 polls will be held.
Vice-President Kunda said the government had not reached a decision on the holding of a referendum but that it would be held “at an opportune time”.
“As you know all these processes have cost implications for the nation,” said Vice-President Kunda, who doubles as justice minister.
“As you know . . . we are doing a national census where we are spending billions of kwacha and again we are going to have elections next year where we will spend billions of kwacha so the issue of the referendum, we have to reflect on it and decide as Cabinet and even the people of Zambia whether this is how we should proceed.”
He said the decision of Cabinet was that Zambians should proceed with the enactment of provisions that did not require a referendum.
“Substantially, we will have a new constitution except for part three, the Bill of Rights and Article 79. If you have looked at the draft constitution presented by the NCC, it substantially addresses the issue of enacting a new constitution,” he said.
“Government has decided to publish in the government gazette the Constitution of Zambia Bill 2010 and the Constitution of Zambia (Amendment) Bill 2010 as required under Article 79 of the Constitution of Zambia. This means that the enactment process of those provisions of the draft constitution which do not require a referendum has begun.”
He said the draft bills would be published in the government gazette for 30 days, and would be available at Government printers from November 22 after which they would be tabled in the National Assembly in February 2011 for debate.
He said the government’s aim would be to have the amendment enacted.
Vice-President Kunda said Part iii (Bill of Rights) and Article 79 of the current constitution have remained intact as per current constitution.
The clauses that require to be subjected to the referendum include the following:
Article 95 (1) of Mung’omba Draft Constitution on Electoral systems for Presidential elections which provides that Elections to the office of President shall be conducted on the basis of a majoritarian system where the winning candidate must receive not less than 50 per cent plus one vote of the valid votes cast and in accordance with Article 125; Article 162 (8) (a) of Mung’omba Draft Constitution on tenure of office and vacation of office of member of National Assembly which provides that; 162 (8): “If a political party is dissolved – (a) a member holding a constituency-based seat shall retain it.
He further cited other articles of the draft constitution that would need referendum.
Labels: 2011 ELECTIONS, 50 PERCENT PLUS 1, CONSTITUTION, GEORGE KUNDA
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