We won't change position on constitution, says Levy
By Brighton Phiri in Mazabuka
Wednesday September 19, 2007 [04:00]
WE shall not change our position on the constitution-making process even if the Oasis Forum decides to move naked, President Mwanawasa declared yesterday. On arrival at Nakambala stadium before officially launching the Nakambala project under the Zambia Sugar Company Plc, President Mwanawasa reminded the Oasis Forum that it was formed to fight former president Chiluba's attempt to go for a third term.
"I was expecting the Oasis Forum to support me on my anti corruption crusade. I have not heard them condemn those who are accused of committing the vices. I have not heard them condemn corruption as a concept that it is wrong," he said.
"They have been dead silent. You know that there is a London judgment where US$58 million was taken by Frederick Chiluba. Now this is the man who has taken money for himself instead of using it to help the poor and this is the man who the Oasis Forum has invited as their advisor and consultant over the constitution.
As far as we are concerned, they can do what they want. They can even move naked. We will not change the way we are moving on the constitution making process."
President Mwanawasa said this is not the first time the Oasis Forum had boycotted the national initiative. He said the government had made concessions but the opposition had continued to change goal posts. President Mwanawasa said MMD would not change goal posts over the constitution review process.
He wondered why the Oasis Forum had continued to oppose him even after accepting their demand for the National Constitutional Conference chairman and his vice to be elected by the conference.
However, President Mwanawasa admitted that his government did not accept the civil society's demand to accept the inclusion of the social and economic rights in the Constitution because it was not feasible.
He said the government had instituted the NCC to chart the way forward.
He said the Oasis Forum had gone round asking people to boycott and were the same people championing the same recommendations.
"I am saying to all those who boycotted the CRC to keep quiet," he said.
President Mwanawasa described his critics who opposed him as unpatriotic.
"I am saying that you are unpatriotic and that you are not fit to walk on the streets of Zambia," he said.
President Mwanawasa said he had made a number of concessions in an effort to accommodate the opposition parties but to his surprise, each time they made those concessions, the opposition changed goal posts.
President Mwanawasa warned Zambians against contributing towards making Zambia unstable. Earlier, Southern Province MMD chairman Daniel Munkombwe paraded UPND officials, among them Syacheye Madyenkunku, saying opposition UPND had crumbled.
Labels: CONSTITUENT ASSEMBLY, OASIS FORUM
Read more...
Nalumango commends youths over constitutional assembly
By Sandra Lombe
Friday September 14, 2007 [04:00]
DEPUTY Speaker of the National Assembly Mutale Nalumango has said the National Youth Constitutional Assembly is bringing Parliament closer to young people through its programmes. And Friedrich Ebert Stiftung resident director Gerd Botterweck urged youths to be involved in political parties and organisations. Speaking when she officiated at the Fourth National Youth Parliament, whose theme was mainstreaming youth participation in national development, Nalumango said youth parliament exposed young people to issues that affected them.
“With the introduction of the parliamentary reforms, whose main aim is to bring Parliament closer to the people, the parliamentary doors have been opened wider to allow members of the public to participate in parliamentary activities. The national youth constitutional assembly have blended very well with this reform as they are bringing Parliament closer to young people through their youth programmes,” she said.
Nalumango also urged the youths to participate openly and freely on the bill and two motions that they would debate. The bill is calling on government to formulate a youth empowerment commission to solely look at youth issues while the motions urge the government to revise the current national youth development council Act among others.
And Botterweck said it was important that youths participated and become incorporated in organisations and politics of the country. “They should also be involved in the constitution as it affects them as future leaders and shape the future. Youths should also join political parties and trade unions to set up youth wings,” he said.
However, he said currently youths were not actively involved in the constitution and national development. He said some organisations were trying to involve the youths but there was need to have a stronger youth participation. Botterweck said it was difficult to motivate the youths and there seemed to be apathy in participating in politics.
“They have to form a strong youth movement and try to get things changed,” said Botterweck.
Labels: CONSTITUENT ASSEMBLY, YOUTHS
Read more...
Political correctness has become our culture
By Saka Sokontwe
Wednesday July 18, 2007 [04:00]
In view of the events that happened on Tuesday 26th June at Mulungushi International Conference Centre over the constitution-making process, one is left to wonder if we the people indeed matter in all areas of governance. The kind of governance we are subjected to by politicians, reveals that our wishes are not the politicians concern. As Ben Carson puts it in his book The Big Picture "political correctness has become one of our culture’s highest virtues and loftiest ideals".
In Zambia, it seems when you are a politician then you are civilised and always right. Politicians always want to behave as if they are an exclusive class of human beings. Is it not curious that suddenly some opposition politicians are key players in the constitution-making process, just because it is the Zambia Centre for InterParty Dialogue involved?
Should we conclude that their fight for a better constitution was in its infancy? I must say, I have serious problems with these politicians’ cowardly and hypocritical way of showing that they are servants of the people.
Sadly, all these politicians have succeeded in doing in their devious attitude is to keep switching sides over the adoption of the constitution all because it is serving their interests.
It must be made clear that the submissions to the Mung’omba CRC formed the basic framework from which any action regarding the constitution-making process must emanate (to include adopting the constitution through the constituency assembly).
What everyone must know is that the constitution is close and dear to our hearts.
We want a people-based forum to write the constitution.
This implies that the government, politicians, Parliament, Cabinet must not take a leading role and have the final say in this process. The people are the ultimate deciders.
I end with a quote which says, "Freedom under law is hardwork. If rulers cannot be trusted with arbitrary power, it is up to citizens to raise their voices at injustice".
http://www.postzambia.com/post-read_article.php?articleId=29096
Wake up Zambians!
By Mawala Hamwenzu
Tuesday July 17, 2007 [04:00]
I am really suprised at (us) the people of Zambia. Do we really want good governance? Do we really want rapid economic development? Do we want a bright future for our children?
If the answer is yes, then why do we stay docile when the politicians have ganged up to hijack the constitution-making process to the exclusion of others who will ensure that the provisions of the draft constitution are protected.
This constitution conference business is a tool that these politicians are using to hijack the process.
Wake up Zambia! Wake up people of Zambia!
Civil society please raise your voices and stand up for mother Zambia. We also want to have a country we can be proud of.
http://www.postzambia.com/post-read_article.php?articleId=29097
GBM’'s language
By Aisha
Tuesday July 17, 2007 [04:00]
Thank you for exposing the activities of GBM and Southern Province minister, Joseph Mulyata. I am wondering why the two men are so emotional about your report if they are innocent.
Their reaction is a pointer to something fishy and GBM should not think that he is fighting The Post. He is fighting us the people of Zambia because The Post is one of our critical institutions for maintaining good governance. People like GBM and Mulyata are undermining the anti-graft crusade and are a great embarrassment to the MMD and Zambia.
I am, therefore, requesting Mulyata to resign in order to pave way for investigations and that is the only way he can be cleared of this issue.
As for GBM, his money will not silence all of us and it will never buy him happiness unless he learns to respect our institutions of good governance. Isn’t this the man who wants to be president of Zambia?
http://www.postzambia.com/post-read_article.php?articleId=29125
Hypocritical leaders
By Clergyman
Wednesday July 18, 2007 [04:00]
I would like to comment on the GBM 'saga'.
First, job well done again The Post; you really dig deeper and this time you have exposed again the hypocrisy of our so-called leaders.
Leaders must inspire us by their conduct and especially by their self respect.
If you do not respect yourself as a leader, neither will the citizenry ever respect you.
GBM is now threatening, intimidating and therefore deserves no respect, till he apologises to The Post and the people of Zambia.
The two should never think that they are above the law to intimidate the law enforcement officers and journalists.
They are not above the law no matter what position or how much money they possess.
How does one explain GBM calling Mulyata to 'assist' him, for a very clear violation of the law - overloading? Let’s stop this rot!
http://www.postzambia.com/post-read_article.php?articleId=29126
GBM's behaviour
By Kau
Wednesday July 18, 2007 [04:00] Print Article Email Article
If this is the behaviour of leaders, I am afraid we shall continue to move backwards. They are preaching the rule of law but they are the first ones to evade it.
At one time it was Samukonga (once a deputy minister) who literally failed to pay K100,000.00 for his fuel bill. What was going to happen to this poor petrol attendant if he ran short of the money?
It is now GBM and Mulyata on the scene. GBM is threatening to beat up Post managing editor, - for what? It is said ‘the truth hurts” and this is exactly what is happening here. The hidden dealings of GBM have been exposed and he is bitter about it, and yet this is the man who is aspiring to be our leader. What would happen if he got to the highest office? I imagine the powers dripping down to his conductors and call-boys working on his buses.
The whole thing is not about politics as he put it to The Post managing editor (was it a crime for GBM to be in MMD?). It is all about respecting the law and exercising equality.
Why should GBM’s bus be released without paying when others have paid and some are still impounded?
Is it because GBM has access to ministers and he can be given favourable payment terms? Why did GBM not deal with the right office from RDA in this case, if he needed assistance? Whatever is applicable to me should be applicable to GBM.
It is not too late and it doesn’t hurt to say ‘sorry’, GBM should just come out and apologise especially to the officers at the weighbridge.
However, I wish to urge the RDA to pursue the payment. How I wish the payment could be published to clear this story.
http://www.postzambia.com/post-read_article.php?articleId=29129
Hands up GBM!
By Humphrey Mwelwa Ndola
Wednesday July 18, 2007 [04:00]
You can run but you can't hide. It is not by power nor might but grace is the best way to describe GBM.
Really, the utterances of the rich man in the name of GBM, the wealthy man who can “move the queen from Buckingham Palace to Lusaka” were unpalatable, childish and violence -packed.
It is saddening, especially that many young people are looking up to him as their role model. Little did they know that GBM is a wolf in wolf's skin.
In the Holy Bible, we are reminded that there is time for everything.
Hands up GBM, it is too late.
http://www.postzambia.com/post-read_article.php?articleId=29128
Plight of retirees
By Mthoniswa Banda
Wednesday July 18, 2007 [04:00]
The sad reports of retirees and pensioners demonstrating to be paid their retirement packages at their former workplaces or indeed at government departments should be a source of concern for any person currently working and contributing to a pension scheme.
These reports should also raise questions as to how the pension monies being deducted every pay day from workers’ salaries are being used.
The plight of pensioners does not show any respect for the people who broke their backs trying to work for the betterment of their company and worked hard for the general well-being of the Zambian economy. It also does not show respect for our law-abiding retired senior citizens.
Abusing pensioners' contributions is also tantamount to stealing and the government needs to start arresting the managers of our pension funds who fail to pay retirees their dues.
Take for example the cases of UNZA retirees, civil servants and former Barclays Bank employees who are currently demonstrating over their hard earned pensions.
What happened to their deductions of the over 20 years they toiled for these organisations?
What happened to the money that was every month being deducted from their meagre salaries?
Who has used it and why are they not paying the 'bearer on demand' of their dues?
This issue of pensions should make those of us that labour every day to start paying a close eye on the deductions we receive every month and start asking what they are doing with these funds and where they are taking them.
Otherwise when the time comes to retire, there won't be any money to pay us and we will join our grand fathers in their long queues at the Supreme Court or Ministry of Finance who sleep in the cold every night waiting for Cabinet to approve the payments of the monies they worked for during their youthful days.
That is why I feel the retirement age should be reduced to 45 so that the retiree have enough energy to start chasing for their retirements benefits when their time comes.
Labels: CONSTITUENT ASSEMBLY, CONSTITUTION, CONSTITUTIONAL CONFERENCE, JOSEPH MULYATA, LETTERS
Read more...
Politicians must embrace others over constitution-making process - Mpu
By Mwala Kalaluka and Patson Chilemba
Sunday July 15, 2007 [04:00]
POLITICIANS must not solely drive the constitution-making process, Zambia Episcopal Conference (ZEC) president Archbishop Telesphore Mpundu said yesterday. And ZEC has said the Zambia Centre for Inter-party Dialogue (ZCID) must be recognised as any other stakeholder in the constitution-making process. Meanwhile, Patriotic Front president Michael Sata has said President Mwanawasa would slim down over the constitution if he is not careful.
Archbishop Mpundu said in an interview that everybody must be brought on board in the constitution-making process and that politicians must not be seen to be the ones solely driving it.
“Whatever platform and whatever group of people are going to look at the constitution, it should not be for political parties only,” Archbishop Mpundu said. “It should be inclusive and that is what we said in that meeting (with President Mwanawasa last Thursday) and it is there.”
He said whatever form to be used in coming up with a new constitution, whether it was a constitution conference or constituent assembly, it should take all people on board.
“We are not there for the terms, we are there for the bigger picture, meaning that all players must be brought on board.”
Asked to clarify the Bishops’ statement during the meeting with President Mwanawasa, that they were independent from any non-governmental organisation, Archbishop Mpundu said ZEC was a church board, which did not need anyone to speak on its behalf.
“They (government) are the ones who said we (ZEC) should not be siding with NGOs and we said we do not need NGOs to speak on our behalf. We have a powerful voice,” he said. “They specifically mentioned the Oasis Forum and we said we are a church and we do not need the Oasis Forum to speak for us. The Oasis Forum has its own right to participate in certain discussions but when we want to speak, we do not need the Oasis Forum.”
Briefing the press on Friday following President Mwanawasa’s meeting with the Catholic bishops at State House, chief government spokesperson Mike Mulongoti said ZEC asserted its independence during the meeting.
He said the Bishops told President Mwanawasa that they were not subject to the control of any non-governmental organisation.
But Archbishop Mpundu clarified that while ZEC had asserted its independence, the Catholic Secretariat, which he described as the ecclesiastical civil service of ZEC, would continue collaborating with the Oasis Forum on the constitution review process.
“The Catholic Secretariat will continue talking with the Oasis Forum,” he said.
Archbishop Mpundu further expressed concern at the slow pace it has taken to come up with a new constitution.
“We have said this time and again that this should have been concluded a long time ago,” he said. “The pace has been slow and should have been done many years ago.”
Meanwhile, Archbishop Mpundu delivering a homily during the inaugural mass for next year’s AMECEA (Association of Member Episcopal Conferences of Eastern Africa) conference to be hosted by Zambia bemoaned the political instability, turmoil and economic mismanagement in Africa.
He said there was need for the church to be a vanguard of reconciliation and peace amidst this situation and to make sure that it preached a message that offerred solidarity to the downtrodden on the continent.
And Sata in an interview said President Mwanawasa was yet to experience public pressure on the constitution.
He said President Mwanawasa would slim as a result of public pressure that would be exerted on him if he continued to be stubborn over the constitution.
“If Levy is not careful, he’s going to slim. He is going to slim. He should ask Dr Kenneth Kaunda on what the constitution did to him. He will run out of all his lies and people will catch up with him. KK had the strongest party but the will of the people brought him down and he brought about multiparty politics. They brought the mighty of Dr Kaunda down,” Sata said. “What about Levy who survives on rigged elections?”
Sata said every political party that had the interest of the people at heart should support and work with the Oasis Forum.
“Therefore, any normal and meaningful party should support this organisation. We are not trying to hijack the Oasis Forum. Did Levy object to be baptised in the shallow swimming pool? It’s because he wanted support but today he’s calling the church different names because people who baptised him are part of the Oasis Forum. Now today they have become useless because he has used them,” he said.
And briefing the press yesterday PF spokesperson Given Lubinda said the MMD government had refused to publicise the constitution conference bill before submiting it to Parliament.
“It is now abundantly clear that MMD have refused to publicise the bill before it is presented to Parliament. This is where the mischief of MMD lies. Doesn’t this vindicate president Sata for stating that MMD has never been sincere on the constitution-making process and that you cannot trust them?”
Lubinda said unless views of all stakeholders were captured in the bill before being presented to Parliament, the MMD would ensure Parliament legislates a constitution that suits it.
He also said experience had shown that the committee of Parliament could not be relied upon on a bill concerning establishment of an institution as important as the constitutional conference.
“It is an undeniable fact that Parliament may have the best of intentions and may capture all the views submitted to the committee, none-the-less amendments arsing from such submissions will be rejected by the MMD benches,” Lubinda said. “The MMD exerts arrogance of numbers when voting on national issues in parliament.”
Lubinda urged Zambians to demand for the bill to be published immediately.
Labels: CONSTITUENT ASSEMBLY, CONSTITUTIONAL CONFERENCE, TELESPHORE MPUNDU
Read more...
NGO’s out, says Levy
By WALLEN SIMWAKA
PRESIDENT Mwanawasa says political parties, and not civil society groups, will lead the constitution-making process. And President Mwanawasa has asked political parties to put aside their differences and dedicate their energies to issues that would improve the well being of the Zambian people. Speaking on arrival at the Livingstone International Airport yesterday, Mr Mwanawasa said if the non-governmental organisations (NGOs) wanted to participate in the constitution-making process, it was important for them to affiliate themselves to political parties.
NGOs did not have the people's mandate for them to start championing the constitution-making process, he said. He wondered why NGOs were concerned with matters of government instead of dealing with poverty and hunger.
"I feel the question of the constitution-making process should be led by politicians and not the NGOs.
If the NGOs want to contribute to the process, they should join political parties,” he said.
“We have never refused them from joining political parties. Why should they be concerned with matters of government? Instead of talking poverty, you have engaged yourselves into politics."
The President said it was a breach of the law for NGOs to abandon their responsibilities and engage in politics. He said Government had decided that political parties would lead the constitutional process because NGOs had continued to denounce him despite several meetings with them to share constructive suggestions on the matter.
"I have met many NGOs and although I have made constructive suggestions, they have gone out to denounce me by calling me a trickster and manipulator," he said.
Mr Mwanawasa also said political differences among parties should not stand in the way of national development. He said Zambia was more important than individual aspirations and that it was important for political parties to take a reconciliatory route.
He commended Livingstone member of Parliament, Sakwiba Sikota, for seconding his proposal at the inter-party summit on how the constitution should be dealt with. He also commended Mr Sikota for receiving him at the airport, saying the gesture was a symbol of reconciliation.
“The last time I spoke about Mr Sikota I said a lot of bad things against him and even challenged him to join me at a political rally so that I could dress him down,” he said. “All that is now history and we have reconciled and are dialoguing because Zambia is more important than Mr Sikota and Mwanawasa."
He said he respected the decision of the people of Livingstone to elect Mr Sikota as their representative.
Meanwhile, the President cautioned the Patriotic Front (PF) not to return to the Zambia Centre for Inter-party Dialogue (ZCID) with a motive to cause confusion. Mr Mwanawasa hoped the PF was coming back into the ZCID to make meaningful and honest contributions on the constitution-making process.
PF had agreed to the constitutional conference as the mode of adopting the constitution at the ZCID summit of presidents, but changed their position a day later. Mr Mwanawasa said it was surprising that the PF president, Michael Sata, changed his mind on what was agreed and started denouncing him barely hours after agreeing.
He said the PF decided to pull out of the ZCID but when the Government of Netherlands started donating computers to political parties they returned to say they were still part of the group.
"When we first met at the ZCID summit, Mr Sata agreed with us and there was a picture where we were photographed with him on my right side like God and His Son Jesus Christ. But he changed his mind the following day and started denouncing me,” he said.
“Today if Mr Given Lubinda says we are in it, it is because they have come to eat. We hope PF will honestly contribute to the process. If he is coming to cause confusion, I suggest that he leaves and sits with the Oasis Forum and come up with their own roadmap.”
He asked Zambians to pray for political leaders so that God could continue giving them wisdom.
Labels: CONSTITUENT ASSEMBLY, CONSTITUTION, CONSTITUTIONAL CONFERENCE, GIVEN LUBINDA, NGOs, SATA, ZCID
Read more...
Levy, NGOs and civil society
By Editor
Thursday July 12, 2007 [04:00]
Sometimes it may be very difficult for one to believe that President Levy Mwanawasa is actually a lawyer after listening to some of his statements. Levy yesterday said non-governmental organisations (NGOs) are breaching the law by participating in the constitution- making process because their objectives do not allow them to engage themselves in politics. He said he was happy that all political parties had agreed to lead the constitution-making process instead of NGOs and the civil society. Levy said NGOs should not concern themselves with government matters.
Levy further said: "We have decided that this constitutional process should be led by political parties and unfortunately this has to be so because I have met so many NGOs and civil society and although I made constructive suggestions which they accepted during the meetings, they went out to reject and renounce everything they told me and to call me all sorts of names."
It is surprising to hear Levy say that NGOs and civil society members have no role to play in the constitution-making process and that if they try to involve themselves, then they will be participating in politics. Of course we know that a constitution is both a political and legal document. But there is nothing political about its making process.
Levy, as a very senior lawyer, should know that a constitution is for all the people of Zambia and not just politicians. In fact, the constitution-making process is not a government responsibility. It is the people's responsibility using government as the facilitator. This is why the preamble of the Constitution states: "We the people of Zambia, by our representatives assembled in our Parliament, having solemnly resolved to constitute Zambia into a sovereign democratic Republic...do hereby enact and to give to ourselves this Constitution."
From this preamble, it is clear that it is Zambians who resolve to give themselves a constitution, be it a good or bad constitution. It has never been a responsibility of politicians to give Zambians a constitution.
Now Levy is saying that he is happy that politicians will lead the way in this process and that NGOs and other civil society organisations will have no business with this process because they are not involved in running the affairs of government.
It is statements like this that erode people's confidence in politicians, especially with their involvement in a process like the one under discussion. A constitution is a people's document, be they politicians, civil society or NGO leaders and members, they are all required to be involved in making laws for themselves.
What we know is that for a constitution to be legitimate, it must be respected by all the people whose affairs it is meant to regulate. A constitution will never command people's loyalty if they do not respect it. And if the Constitution has to command people's loyalty, the people - not politicians alone - must be involved in its making process. This is a pre-requisite for the legitimacy of the Constitution; people must be involved in scrutinising both the content and form that constitution will take. The Constitution will only become the people's property if they are involved in its making process. Anything short of this is an imposition on Zambians.
And clearly, Levy and his fellow politicians are determined to impose a constitution on Zambians like other politicians before some of them did. This is another tragedy in the making! Once more, the wishes of the majority of Zambians will be overshadowed by those of the selfish and greedy minority in government and beyond. However, a constitution that is not representative of people's desires and wishes will remain remote to their lives and thinking. It will be illegitimate, an imposition on the people.
In our view, no one should own or hijack the constitution-making process. This is the people's process through their chosen representatives arising out of genuine consensus. If there is consensus on who takes the lead, it will really not matter if it were politicians or civil society in the forefront.
And Levy should not be under the illusion that NGOs and civil society members have nothing to do with the constitution-making process. They are Zambians first and foremost with equal rights to have an input in their national constitution. Yes, sometimes they may not conduct themselves in the manner that Levy would want or appreciate, but this does not mean that the Constitution should be prepared to their exclusion. If NGO and civil society leaders are being inconsistent or unnecessarily difficult, let him isolate these issues and deal with them squarely. If these NGO and civil society leaders are agreeing with him in the privacy of State House walls and renounce their agreements in public, let him expose them for what they are but they will remain part and parcel of the constitution-making process because they are morally and legally entitled to decide their own destiny.
Levy should learn to be tolerant and accommodate divergent views, including those that may irritate him. It will never be illegal for Zambian citizens to participate in their own affairs, especially the formulation of their constitution.
These are the things that are stalling progress in the constitution-making process. Instead of spending time on the more difficult things, why argue about obvious things like who will lead or be part of the process?
Labels: CONSTITUENT ASSEMBLY, CONSTITUTION, CONSTITUTIONAL CONFERENCE, EDITORIAL, MWANAWASA, NGOs
Read more...
Appreciating professionals
By Clergyman
Monday July 02, 2007 [04:00]
The Vice-President's assertion that Zambia lacks qualified professionals (The Post 29/06/07) cannot pass without a comment. I do appreciate the Vice-President’s point of view as well as the concerns he raised. But that is just one side of the coin.
The other side of the coin is that Zambia has in the past and even now produced qualified engineers, lawyers, doctors, economists among other professions. The only problem is that we do not value our own sons and daughters in terms of monatery compensation. Zambia has produced a lot of brilliant professionals who are given peanuts at the end of the day in terms of incentives.
Because of the poor remuneration, our professionals have migrated to other countries.
How does one explain a situation where an expertriate with similar qualifications as a Zambian getting two times if not three times the pay with other incentives.
Mathematically, there is something definitely wrong.
Until we learn to pay better salaries and value our own human resources - 'made in Zambia' we will continue mourning about the lack of qualified professionals.
We are about six months or so to the next budget, I hope the Vice-President as leader of the House will influence the honourables to do good for our professionals. They need to feel valued before we cast a stone on them as unpatriotic.
Time for a better incentives plan for our professionals is now. Otherwise, the saying, "failure to plan is planning to fail" will forever hold true for us. I rest my case!
http://www.postzambia.com/post-read_article.php?articleId=28545
Political debates are not beneficial
By Jonas Chanda
Monday July 02, 2007 [04:00]
From a distance I’ve watched useless and endless political debates over such a basic requirement as a constitution, with our government leaders hallucinating between total rejection of the constituent assembly with the resultant red-ribbon movement opposing their view; to toying with such expensive ideas as a referendum for determining the mode of adopting the constitution, and to eventually inter-changing words like "Constitution Conference" and "Constituency Assembly."
All this is done to manipulate and hoodwink the poverty-stricken people of Zambia whose basic needs of life - food, jobs, clean water, quality and affordable health and educational services, good roads, etc - go unmet and are all but forgotten.
The political tensions which are being exacerbated in Zambia to boiling point will not be beneficial to anyone.
In Zambia we seem to take our relative stability for granted and hence the unrestricted tribal sentiments championed by some politicians.
We have the Western Province MMD cadres demanding that a Lozi should succeed Mwanawasa, as if Zambia were a kingdom based on succession and succession disputes.
I am sure the same will follow from Northern, Luapula, Eastern, Central, Copperbelt, Southern, Lusaka, and North Western provinces.
Then the traditional chiefs are drawn into personalised political debates and chief Mwata Kazembe moves in to protect his subject as, according to him, he sees political and tribal connotations to the former president's conviction. Then the Bemba-speaking PF MPs state their point basically echoing the perceptions of Bembas who think Chiluba is being persecuted unjustly.
Labels: CONSTITUENT ASSEMBLY
Read more...
Sata pulls out of inter-party dialogue
By Brighton Phiri and Bivan Saluseki
Wednesday June 27, 2007 [04:00]
OPPOSITION Patriotic Front (PF) has pulled out of Zambia Centre for Inter-party Dialogue (ZCID), PF president Michael Sata announced yesterday. Sata also boycotted yesterday's official launch of ZCID after his request to speak during the launch was allegedly blocked by MMD officials.
Sata said President Mwanawasa and other political parties that have gone with him would achieve disaster over the constitution making process. But President Mwanawasa has said that he means business over the agreed roadmap on the constitution making process.
Addressing the press at his residence, Sata said he decided to boycott the function because the programme did not include major political parties such as UPND and PF among the speakers during the occasion.
"If you have seen ZCID today's (yesterday) programme, it is Katele Kalumba, the two representatives from Netherlands, Justice Chomba and Levy Mwanawasa to speak...thereafter all of us must go...where is the dialogue?" asked Sata.
Sata argued that UPND and PF should have been accorded a chance to speak during the official launch of ZCID because under parliamentary democracy, the two parties formed a quorum in the National Assembly without any other political party.
"And if we are to be ignored because Katele Kalumba wants it, we have nothing to do with ZCID," Sata said.
He disclosed that senior PF officials met the delegation from the Netherlands to complain that it would be fruitless for the opposition parties to attend the launch without expressing their views.
Sata disclosed that he demanded another agenda from the Netherlands officials, which would have included UPND and PF presidents as some of the speakers.
"If really we mean business, we don't need to bluff. We are spending taxpayers' money of people of Netherlands and those people want to unite us but we are refusing to unite ourselves," he said.
Sata said it was worthless for PF to attend the launch as spectators.
"We wanted to go there as participants. We didn't want to go there and just listen to President Mwanawasa. PF and UPND must have a say in ZCID and not only Mwanawasa...minus that we are not going and we are withdrawing from ZCID because if we are not regarded as stakeholders in the national dialogue, why should we participate?" he asked. "We have 50 per cent representation in this country...we have 50 per cent of the councillors. Why should we be ignored as inconsequential? We can't go there as MMD cadres."
Sata demanded that ZCID board chairperson should be drawn from the Church instead of Katele Kalumba, as he was an interested party.
He asked political party stakeholders to consider getting back to the 1991 formula of dialogue where a neutral person from the Church chaired the inter-party dialogue.
"We have no shortage of churchmen and women in Zambia. We could have picked Bishop Banda of Northmead Assemblies of God to chair. In 1991 we succeeded because we engaged a neutral person from the church who was independent from political parties.
But Ketele Kalumba's hands are stinking with corruption and rigging. And he has something to hide. Remember he kissed Mwanawasa's shoes to seek his protection," Sata said. "We have been there, but the board under Katele Kalumba has never been sincere because they have always been afraid to bring what they have discussed to us."
As Sata was addressing the press, he received a phone call from one of his senior party officials whom he had sent to Mulungushi International Conference Centre, the venue for ZCID launch, to follow his request to speak.
After the discussion with his official, Sata confirmed that ZCID had rejected his request to speak.
"Well if they have refused for anybody else to talk, then we are not coming. If they have refused anybody else, tell them that PF is out," Sata told his official on the phone.
And Sata said his party would make an appointment with the Oasis Forum to show that they were serious about working with it over the process.
"We are not saying we will hijack what they have started, we will supplement their efforts," Sata said.
He said PF would not take over the Oasis Forum but would regonise it and work side by side over the constitution making process.
He vowed PF would take Oasis Forum's fight inside and outside the National Assembly.
He said his party would recognise Oasis because it had more people and manpower than it.
"We don't want to usurp their power, the PF leadership will work under the leadership of the Oasis Forum. The constitution making can never be a monopoly of political parties," Sata said.
He said President Mwanawasa had no power to dictate the process.
"Levy is stealing the power. Levy has been crawling like a snail from 2003 up to now. Now, why has be gone supersonic all of a sudden? He wants to hoodwink the civil society and others. He has been crawling all along and we will not allow him, we will sort him out," Sata vowed.
He said constitution making was a people's process and that it is people that employed President Mwanawasa.
Sata said President Mwanawasa and others had no capacity to fight Oasis Forum and other civil society organisations.
"Oasis Forum is the people.
They are doing it part-time for the love of the country. A politician has got transport, he has talk time but people in civil society are using their personal resources. They have no interest to serve but Levy and his minions are serving for talk time," Sata said.
"Oasis abandon their families and work to bring a constitution that will reduce poverty and make our hospitals habitable. Why shouldn't they be supported?"
He said politicians in the ZCID were getting K350,000 sitting allowance.
He said while taxpayers in the Netherlands want the people to be liberated, people were misusing the money.
Sata said his party had been looking forward to listening to the people over the constitution making process.
According to MMD sources, a senior ruling party official had directed ZCID to reject Sata's request to speak because he was going to hijack the function.
"Sata wanted to come and address the gathering, but we could not allow him because he is someone who wants to hijack the process," said a senior MMD official.
"We need to be careful with Sata because he wants to show as if he wants the new constitution and yet he just want President Mwanawasa out of State House. We shall not allow that. Sata risks being irrelevant if he continues to behave like this."
When contacted for comment, Kalumba declined to comment saying he needed time to consult other board members before issuing a statement on Sata's boycott.
"It has not yet been brought to my attention. So I need some time to consult my colleagues on the board before I can comment," Kalumba said.
On calls for him to resign as board chairperson, Kalumba refused to comment.
Sata said he was disappointed with the content of President Mwanawasa's draft speech, which was delivered to him by Kalumba.
He said there was no substance in President Mwanawasa's draft speech.
"He is just bluffing. Who doesn't know the historical background of this country? He is trying to run away from what the inter-party dialogue is supposed to do. The inter-party dialogue is supposed to remove the tension. Whoever is supposed to give a keynote address must address issues that are dividing us as a nation. The real issue which is dividing the country is not there is Levy's speech," he said.
Sata said PF did not agree on the communiqué that was released by Kalumba after the last political party presidents' summit.
He said under normal circumstances, after the political parties' representative drafted a communiqué, the presidents should have met and discussed the content of the communiqué to assess whether or not it contained commitments of inter-party dialogue.
"After Levy Mwanawasa spoke, we asked the board to prepare the communiqué. We have never met to examine that communiqué.
They sent the communiqué to State House and Levy Mwanawasa edited it and after editing, until today we have never seen the edited version. We should have met as presidents to look at that communiqué. There is no way we could have signed the communiqué blindly. It should have been distributed to all the party presidents," he said.
Sata said the inter-party dialogue would not deliver the new constitution to the people of Zambia but the people themselves.
"The people of Zambia will bring the new constitution. Dr Kaunda was forced to abandon the referendum on Article 4 when the people of Zambia spoke. It is not this insincere dialogue, which will give us the new constitution. As far we are concerned PF is out of this thing. We shall join forces with Oasis Forum and all serious civil society to mount pressure on Mwanawasa to bring the new constitution through a constituent assembly.
We will use everything at our disposal. We will use our councils and our popularity countrwide to place Mwanawasa under pressure to make him understand that he does not own this country," Sata said.
FDD's Newton Nguni said Sata was supposed to go to the launch but he indicated at the last minute that he would not be part of the programme.
Several of Sata's members trooped out of the centre after they were told that their leader was not coming.
And launching the ZCID at Mulungushi International Conference Centre, President Mwanawasa said the process should be given a chance.
"We have pledged publicly that we are willing to provide the needed leadership as political party leaders. We want to assure our fellow countrymen and women that we will not do anything inconsistent with the Constitution or laws or indeed violate the integrity of our collective word to Zambians that we mean business," he said.
"This will be an inclusive process. It will also be cost-effective. It will honour Zambia and not any political party's individual interests. Fellow Zambians, trust this process and remain engaged."
President Mwanawasa said the quest for peace rode on the back of reason and reason was only made known through dialogue.
"We are united. We are committed. We are determined to succeed. We have a very good reason for this. It is a voice of a school child in Salujinga. It is the sweat of a mother in Luampungu. It is the swollen hand of a farmer tilling the land in Mukuni. It is the daring spirit of the fisherman in Kalobwa. It is the whistling sound of the miner's drill in Konkola and indeed it is the hope lingering on the wandering feet of a street child. The hope and despair embolden us to be leaders.
The courage of our yesterday's freedom fighters, the known and the unsung; engage us into a challenge of leadership," he said.
President Mwanawasa said the world had contradictions.
"A world in which good intentions raise more suspicions than bad ones. We live in a world of virtual reality. Some of our compatriots believe they are in Europe and behave and think likewise. Whatever thought we may advance, as long as it is originating from us, we the native mortals, it never seems to be good enough unless it is foreign," he said.
President Mwanawasa said the leaders had buried their differences.
"We chose to forego our popularity contest for the sake of Zambia. The road ahead may still have some hurdles but the nature of our collective leadership is to surmount any such potholes," he said.
President Mwanawasa said the leaders agreed to give effect to a body through legislation that would sit down to debate the proposed constitution.
Netherlands Institute for Multiparty Democracy executive director Roel von Meijenfeldt said democracy was more than a fight to bring change.
Meijenfeldt said parties appeared to have lost the art of dialogue.
"There should be more than competition for power. It should be more than accommodation," he said.
Meijenfeldt said democracy was also about justice and democracy was two parts of the same coin.
He said political parties had specific responsibilities to engage themselves in how to find answers to problems.
Chairman for the summit of presidents Justice Frederick Chomba said in the past, political parties had been operating as separate and antagonistic entities with agendas, which were not complimentary to one another.
Justice Chomba said circumstances had forced leaders to accept the truism that there was strength in numbers.
He said the leaders would succeed if supported and if people were united.
After the opening, President Mwanawasa left in a Toyota 4x4 instead of the official Mercedes Benz he came in.
The security officials first allowed the Mercedes Benz and other official cars leave, creating a false impression that President Mwanawasa was in his car.
Later, President Mwanawasa emerged and entered the Toyota 4X4 which was without a flag before his security men sped off.
Labels: CONSTITUENT ASSEMBLY, CONSTITUTIONAL CONFERENCE, SATA
Read more...
Legitimacy
By Editor
Sunday June 24, 2007 [04:00]
For a long time now, there has been a protracted debate in our country on the mode of adopting a new constitution for ourselves as Zambians. In our view, this debate which is being provoked by the MMD government, is unnecessary because the issues under discussion are very straightforward and not complicated as President Levy Mwanawasa and his administration want the public to believe. This is why our people must now insist that this debate is closed by compelling Levy and his administration to do what is expected of them in terms of giving the Constitution the legitimacy it deserves.
We are grateful to Professor Patrick Mvunga for restating that there are no legal impediments to establishing a constituent assembly, contrary to the government position. Professor Mvunga says "a constituent assembly can be initiated now without amending the Constitution. Even if there was need to amend the Constitution, it does not require a referendum. The only part of the Constitution which requires a referendum to amend is Part III and Article 79. What we are talking about now is legislative authority, the power of an organ or institution to make laws, you can amend that part of the Constitution in Zambia today without a referendum."
This advice is from a very renowned constitutional lawyer and we do not think so that Professor Mvunga does not know or understand what he is talking about.
Levy and his lawyer friends in government should appreciate our people's insistence that the Constitution should be adopted via a constituent assembly. Since independence, Zambia has had no stable constitution for the simple reason that all the four constitutions Zambia has had lacked legitimacy or authority from the citizens. The legitimacy of a constitution is concerned with how it will command the loyalty, obedience and confidence of the people. A constitution that is not respected by its people will be remote to their lives and thinking. It will be illegitimate, an imposition on the people albeit their opposition or condemnation.
To be legitimate, a constitution must be respected by the people and in the absence of that respect it will never command people's loyalty. If a constitution has to command people's loyalty, the people must be involved in its making process. This is a pre-requisite for the legitimacy of the constitution. This means that people must be involved in scrutinising both the content and form that the constitution will take. The Constitution will only become the property of the people once they are involved in the process of adopting it, in its making process, short of this will amount to imposing the Constitution on Zambians. And the only meaningful vehicle to ensure the people's involvement or participation in the constitution-making process is the constituent assembly.
Since 1964, constitutions have been imposed on Zambians. No wonder there has been no constitution that has stood the test of time. In 1964 after Zambia got independence, Britain imposed a constitution on our people which they called an independence constitution. And everything that has been done on the issue of the Constitution from that time has lacked legitimacy from our people.
Levy is also just about to impose a constitution on Zambians and the moment he steps out of State House, the new leader will try to undo what he will do. There should be an end to this. For once, Zambians deserve a constitution that they are going to make for themselves. Zambia is a democracy and in a democracy, people are supreme. All power is deposited in them, not in a sitting President and his praise-singers. Therefore, the people are supposed to make their own Constitution. It is not Levy's business to make a constitution for Zambians. It is the Zambians' business to make a constitution for themselves.
It is clear from Professor Mvunga's legal explanations that what we have been lacking as a country for a long time now is political will. Our politicians put their interests first as opposed to allowing people's interests to prevail in this constitution -making process.
Because they are concerned about preserving their political powers, they are concerned with sustaining a firm hold on power, these politicians conveniently overlook all the fundamental elements in the constitution-making process. Levy, as a seasoned lawyer, should know better that a country or state with an imposed constitution is as good as one without a constitution. And a state without a constitution is not a state but a regime of anarchy. This is what lawyers say. So if Levy is not careful, he will sooner than later be presiding not over the affairs of a democratic country but a regime of anarchy.
There are serious reasons as to why a country should be governed by a legitimate constitution, not just a constitution. A legitimate constitution will curb the powers of the executive by fundamental law and will create legal relations between the government and its people. Maybe that is why the government is reluctant to allow a people-driven constitution. For as long as Levy keeps hearing that the draft constitution is proposing to reduce presidential powers, he will look for all the tricks in the book to ensure that Zambians are denied their right to give themselves a constitution.
Once more, we call upon our people not to sleep on their rights. Let them do everything within their powers to ensure that together we exert all the necessary pressure on Levy to compel him to do public good and not personal good. What is required in all this process is political will. Professor Mvunga says the law cannot be bigger than the people who made it. He says if the law resists to be changed, force is stronger than the law, displace it.
It is cheaper to invest in a constitution which is based on national consensus because this will stand the test of time. This is the process Zambia needs today. The United State's Constitution has stood the test of time mainly because it was adopted via a constituent assembly in 1877. That's a long time ago. But because this is what Americans wanted for themselves, their Constitution has remained relevant and valid to this day. Their Constitution has never been repealed except for minor amendments because it reflects their wishes, desires and aspirations.
This is not too difficult for Zambia and the entire Africa to emulate. But because this concept of legitimacy has not been embraced in Africa generally, one should not therefore search for answers as to why there is constitutional instability in Africa.
Levy should learn from history and make a difference. He should not pretend to be wiser than all the people who have spoken on this issue. After all, wisdom is like a baobab tree. One individual cannot embrace it.
Labels: CONSTITUENT ASSEMBLY, CONSTITUTION, EDITORIAL
Read more...
Constituent assembly can be initiated now - Mvunga
By Nomusa Michelo
Sunday June 24, 2007 [04:00]
Prominent lawyer Professor Patrick Mvunga has said there is no legal impediment to establishing a constituent assembly. During a Newsmakers Forum organised by the Press Freedom Committee of The Post on Friday, Prof Mvunga said a constituent assembly could be initiated without any amendment to the current constitution.
“I can say with no doubt that there is no legal impediment to establishing a constituent assembly, there is none, a constituent assembly can be initiated now without amending the constitution,” he said. “Even if there was need to amend the constitution, it does not require a referendum. The only part of the constitution, which requires a referendum to amend it is Part III and Article 79. What we are talking about now is legislative authority, the power of an organ or institution to make laws, you can amend that part of the constitution in Zambia today without a referendum.”
Prof Mvunga, who is former chairperson of the Mvunga Constitution Review Commission, said he had been reflecting on the subject of having a constituent assembly and wondered why there should be a difference of opinion between lawyers on matters that were plain.
He said in his professional life as a teacher of law, a practitioner, student and researcher, he had come to know that the law was merely a tool to be used by the people.
“Just like a hoe in a crop field, if the law is unsuitable to the people, the people change it. If the law resist to be changed, force is stronger than law, displace it,” he said. “In terms of the jurisprudence of the constitution, a constitution is a grand norm, a fundamental law. All laws flow from the constitution.”
He said the executive, judiciary and legislature were not above the Constitution.
“The Constitution speaks louder than anybody,” he said. “Now let’s have this very clear, perhaps you may need to amend your slogan as well. The ultimate authority of establishing a constitution in whatever form is the people.”
Prof Mvunga said that authority was based on the law and common sense.
“Even in terms of the law as it is now, Article 79 vests the authority of making a constitution or overhauling a constitution in the people of Zambia, nobody else,” he said. “Now, a constituent assembly is not a mythical body, it is just a forum amongst many other fora. Before you enact a constitution there are various stages you have to go through, you have to assemble material, you have to debate, you have to agree on certain principles. And then the people can endorse.”
He said after an exhaustive debate the people could be asked if they want the constitution to be adopted.
“So you ask the people do you want this constitution and they will answer yes or no. Now if you rush to the people before the debate, there will be no debate and you cannot have a constitution without debate. The debate precedes the constitution,” he said. “If you subject a constituent assembly to a referendum you will have achieved very little and you would have incurred double the expenses.”
He said if the people said they do not want a constituent assembly, there would be no opportunity to ask the people what they want.
“If you don’t have the opportunity to debate, it can go from white paper to nothing,” he said. “We have to foresee the pitfalls and find a way of overcoming them. Inherently, there is nothing objectionable to a CA.”
Prof Mvunga said the Mung’omba Review Consitution has done more sampling than the previous two commissions – Mvumga and Mwanakatwe review commissions.
He said there is neither the need to amend article 62 nor article 79 of the constitution.
“I don’t want to bore you with constitutional law. If you look at article 79 it can be translated into all the languages, and in no language can article 79 say that you have to go to a referendum to amend the constitution,” he said.
He said it was only part III, which required going to a referendum to open up the bill of rights.
He also said the CA was an organ for debate and not an organ that would assume legislative power.
“There is nowhere in this article where it is said that if you want to share something with any other institution you have to go to a referendum, at the most you can argue that the constituent assembly is assuming legislative power,” he said. “It is an organ to debate the final product submitted to the people. It is a natural way of thinking. Let us be simple, it is a lot true and for me, it becomes too boring when I hear lawyers arguing from dawn to sunset about the same thing. We cannot afford to be too legalistic. Historically, there is this backing and even common sense.”
And Women for Change executive director Emily Sikazwe said the constitution was not a partisan issue but affect all Zambians.
“The constitution is one thing that I believe will unite us as Zambians, it will unite the rich and the poor together. We are each other’s keeper, and an injury to one is an injury to all,” she said. “If the constitution creates a condition where others live better than others then the people must unite and say they want to live together as one.”
And addressing University of Zambia students at the forum Sikazwe said they, of all people, should be able to make a connection between education and the constitution.
“Money is wasted on stupid by-elections and the lecturers are striking,” she said. “Now people are talking about white papers. They are saying the easiest way to get 80 per cent of what we want is through a white paper. We have seen white papers before and we have abashed white papers before. Abash white paper!”
Sikazwe urged political and church leaders who attended the forum to lead the people to the constituent assembly.
She, along with the audience, chanted slogans against a referendum.
She said nothing would divide Zambians over the constituent assembly and that no single individual should hold the country to ransom.
Oasis Forum spokesperson Musa Mwenye said President Mwanawasa should honour his promise to the people and facilitate creation of a constituent assembly
“President Levy Patrick Mwanawasa State Counsel needs to honour his promise to the people,” he said. He accused President Mwanawasa and the MMD of being deceitful over the constituent assembly.
Mwenye read to the audience part of the MMDs submission to the CRC dated September 27 2004.
“I have with me submission to the constitution review commission from the MMD. When I received this document I quickly went to the back and looked at the signature and lo and behold, one Mike Mulongoti,” he said.
And quoting page 32 of the submissions, Mwenye read;
“…Government has constituted the constitution review commission which has been gathering submission from the members of the public. One of the terms of reference for the commission is to recommend the mode of adoption of the constitution. The people of Zambia have been called to submit on whether they would prefer the constitution to be adopted by a constituent assembly, parliament or a referendum.
We know that government has committed itself to implementing the recommendations of the constitution review commission, subject to legal and financial hurdles being overcome. In this regard if the people of Zambia decide on the mode of adoption through a constituent assembly, then the MMD is of the view that government should implement that decision as the will of the people,” he read. “At page 34 item 30.17 The MMD believes we should let the people decide on this issue through this commission…”
Mwenye said the MMD stated that it was of the view that the will of the people should be implemented and wondered why the leaders had rejected the people’s wishes.
“The people were being told that there were legal and financial impediments. On the financial impediments, it is easy to dispel,” Mwenye said.
He said if the government was willing to go through an unnecessary referendum to decide on what the people have already decided - a constituent assembly - then it already had the money.
Mwenye said on the legal impediments, any lawyer worth his salt in the country knows that constitution-making in Zambia had involved the white paper.
“Through the white paper, the president has adopted the constitution alone. That is what happened,” he said.
He said the people of Zambia should be allowed to come up with their own white paper through the constituent assembly.
“For us as Oasis, we are calling upon everyone including progressive members of the MMD to come up and take up the challenge, this is our country, we cannot continue to waste resources on useless exercises. The standards of accountability in this country have risen, President Mwanawasa is better warned,” he said.
Mwenye said the standards of accountability in 1996 when former president Frederick Chiluba dribbled the people of Zambia over the constitution had fallen eleven years down the line.
“And this is a warning to the president, we want to put ourselves on record, this is a road you don’t want to take,” he said.
Transparency International Zambia (TIZ) president Reuben Lifuka said President Mwanawasa and his ministers were never serious about the constitution.
“I have a problem with leadership which is not consistent, one that changes position with the frequency of traffic lights. I can’t trust such leaders,” he said. “What we have seen today is that the MMD cannot be trusted.”
Lifuka said the constitution was not about President Mwanawasa but about the people of Zambia.
“We are told amongst other things, President Mwanawasa resigned from government because of the manner in which the constitution was being debated. President Mwanawasa has been very eloquent about how defective this constitution is,” Lifuka said. “Isn’t that a paradox, one morning you say it is defective and the next moment your are prepared to be nailed to the post defending a defective constitution. Then there is something wrong. If something is defective you should have a clear break between what you consider to be defective and what you consider to be right.”
Lufuka said if President Mwanawasa strongly believed that the constitution was defective he should have been the first one to take measures to put right what was defective.
“But clearly President Mwanawasa has never been honest, he will not be sincere now, he will not be sincere in the future,” he said. “He will never change on his position and we need to be mindful as a people.”
And a member of the audience Ndaniso Banda said it was unfortunate that there was no sign language interpreter at the forum because it appeared that President Mwanawasa did not understand spoken language and that the people would now show him what they wanted.
The forum was attended by members of the general public, civil society organisations, students, church leaders and political leaders among them All People’s Congress Party (APCP) president Ken Ngondo and United Party for National Development (UPND) Hakainde Hichilema.
Labels: CONSTITUENT ASSEMBLY
Read more...
Political parties opt for constitutional conference
By Noel Sichalwe and Brighton Phiri
Sunday June 24, 2007 [04:00]
POLITICAL party presidents yesterday resolved to come up with a Constitutional Conference instead of a constituent assembly. The presidents, during their summit organised by the Zambia Centre for Inter-party Dialogue (ZCID) at Mulungushi International Conference Centre in Lusaka, all agreed that Parliament should pass legislation to give legal personality to the constitutional conference.
Reading the communique at the end of the summit last evening, ZCID board chairman Katele Kalumba said government would present a constitutional conference bill at the next sitting of National Assembly.
Kalumba further said the summit deffered consideration of the proposed content of the constitution to a later date.
Kalumba said Parliament would determine the composition, existence and functions of the constitutional conference.
According to the sources, the government agreed to fund the Constitutional Conference.
The source said all presidents and participants in the summit were happy with the manner in which deliberations were conducted and ended. Patriotic Front president Michael Sata is reported to have said, efyo mulechita ifi bashi Chipo Father of Chipo, this is what you should be doing” in endorsing President Mwanawasa’s proposals. The political leaders included MMD president Levy Mwanawasa, PF president Michael Sata, UNIP president Tilyenji Kaunda, UPND vice-president Richard Kapita, FDD vice-president Chifumu Banda, ULP president Sakwiba Sikota, NDF president Ben Mwila and All Peoples Congress president Ken Ngondo.
Earlier, Sata briefly walked out of the meeting in protest after journalists were asked to leave the hall before he and his colleagues had chance to comment on items of the agenda.
And officiating at the ZCID summit of presidents at Mulungushi International Conference Centre, summit chairman justice Frederick Chomba first gave the history of the sacrifice that the freedom fighters made and the blood that was shed when fighting for independence.
Justice Chomba further narrated how the four constitution review commissions had failed to meet the aspirations of people and that it was now an opportunity for the political leaders to find a solution to the looming constitution impasse.
He said about 22 million eyes of Zambians were focused on the political summit to find a way of reducing the disease burden, reduce the unemployment levels, help people move from the poverty, misery and solve numerous problems that people were facing.
Justice Chomba said HIV/AIDS was taking a toll and many issues lacked solutions because leaders spent most of the time politicking.
Justice Chomba said there was need to table the issue of the new constitution at the summit of presidents which could not fail to find consensus on the challenges of putting in place a new constitution.
“This inter-party forum provides a unique opportunity for you to arrive at a consensus and to harmonise your efforts in order to make Zambia prosper,” justice Chomba said. “Therefore, it will be a matter of regret, if not embarrassment, if you fail to achieve this (consensus). I am convinced that today our political leaders and our people can demonstrate the same spirit which was displayed by our founding fathers just before the independence of our country.”
ZCID board chairperson Katele Kalumba said the idea of a constitution that would stand a test of time stemmed from perceptions that past efforts to come up with an acceptable constitution have not been satisfactory.
Kalumba said there was a general resolve that the country needed a beginning based on a consensus over the new constitution and its best mode of adoption.
“ZCID believes that it is important that all stakeholders be specific and clear about the nature of agreements and disagreements surrounding the Mung’omba Constitutional Review recommendations,” he said. “ZCID believes that the process of understanding and building consensus over what is being proposed must necessarily take a political and lay language. This is necessary if Zambia has to avoid the perceived bigotry of elitism attached to such debates in other African countries.”
After reading his speech, Kalumba told the press to leave the summit hall so that political party presidents could discuss the agenda items in camera.
At this stage, PF president Michael Sata raised an objection saying the media should be able to report responses to the two speeches by justice Chomba and Kalumba.
“A point of order. There we go again, the chairman has spoken and MMD secretary general Katele Kalumba has spoken and the media must leave. Why do you want them to leave because people are going to speak and the leaders here are also going to be heard? We did not only come here to hear the chairman and the secretary general for MMD, why should they leave?” he asked. “This is because we are supposed to respond to the statements by the chairman and you, Katele Kalumba which contains a lot of contradictions. If the media leaves then we must also leave.”
In response justice Chomba said the summit was supposed to be an in-house affair and that on Tuesday next week, there would be a launch of ZCID that would be open to the public.
Justice Chomba said usually whenever there was a summit of presidents, even of different countries, if necessary a communiqué was issued at the end.
“We would like at this stage to ensure that this frank brotherly and sisterly discussion be in-camera following the two statements that have been made by myself and the chairman of the board of ZCID. There should be no fear that any views are going to be suppressed because of the suggestion that has been made...If you want to take an extraordinary course, that is totally up to you but my advice is that let’s go with the arrangement that has been made. With my consent, we allow the press to leave so that the presidents can discuss national issues.”
Sata then said they had a very important person, President Mwanawasa, who was supposed to reply to the two statements including the speech by Kalumba, which included views that had not been agreed to by different political parties.
He said the delegates did not attend the summit as a constituency of the MMD because everything Kalumba said appeared to be an MMD speech.
“The key to this constitution problem is the President. He is the one who is steering the ship, now he is not a member of PF but he is the one who is steering the ship. He is the one who has to say whether or not there will be a constitution. He is the one who has to say whether there will be a constituent assembly or no constituency assembly. He is the one who has to give us the timetable. You are talking, Mr Chomba, about 22 million Zambian eyes, now you are closing up on the 22 million eyes. We don’t want to listen to Mike Mulongoti, we want to listen to the owner of this country for the time being. What is his commitment and later on after we have discussed and later on while we have discussed these issues, then we can go into a closed session.”
United Liberal Party president Sakwiba Sikota said the speech read by Kalumba was prepared by ZCID not by MMD and that if there was anything controversial, it was supposed to be attributed to the board.
Sikota said Kalumba did not impose himself but was elected by the board and that none of the party presidents had spoken in a meeting that was supposed to allow them interact and come out in public on issues they agreed and disagreed upon.
“We are not going to hide anything from the Zambians,” he said.
National Democratic Focus president Ben Mwila said the meeting should proceed with the agenda and allow the press to leave as they discussed the agenda items.
President Mwanawasa then said he attended the meeting as MMD president and not Republican president. He said the programme did not even state anywhere that he was going to speak. President Mwanawasa urged the meeting to proceed with the agenda.
Justice Chomba then ruled that the meeting should proceed as arranged and that the nation was looking up to them to provide leadership. He then directed journalists to leave the summit hall.
It was at this stage that Sata rose and told justice Chomba that his party delegation was walking out of the meeting to consult each other.
Outside the hall, Sata attracted the attention of the media, who followed his delegation to a private room where they consulted each other.
Sata, noticing that his vice-president Guy Scott was missing among those that followed him, directed one of his officials to fish him out of the summit hall.
Sata told journalists that he was not amused with MMD’s hypocrisy.
“I am testing them. I want to show them that we are serious on the constitution issue,” he said.
In his statement during the closed-door meeting, Sata wondered why President Mwanawasa had chosen to call for a referendum on the new constitution when he did not call for a referendum before removing former president Chiluba’s immunity.
“There is no record in this country of Zambia’s struggle for independence for Mr Mwanawasa, personally or his known relatives, contributing to the struggle for this country’s independence. Because everything in this country has been bequeathed on the President on silver or is it a gold plate, he does not care about the constitution, UNZA, UTH. The economy for example, fuel in Zimbabwe and Malawi is much cheaper or half the price as compared to our country. We need change now. We need freedom for Zambia now,” Sata said.
Sata reiterated PF support for a constituent assembly because if well managed, it would help foster democracy in the country.
He said the referendum was unnecessary as it reinforced a notion that for Zambians to talk among themselves they needed legislation.
“The referendum should not be used as an excuse to derogate or dilute the freedom of expression that the people of Zambia enjoy,” Sata said. “We wish to underscore our position that we will join forces with those campaigning for a constituent assembly and we will do everything within our power to advocate a total rejection of the referendum.”
Sata warned the MMD against taking Zambians for granted by constantly changing their goal post over the constitution-making process when the people had already spoken through a government constituted Constitution Review Commission.
Immediately after delivering his statement, Sata trooped out of the meeting and led his team in having a cup of tea while his fellow party presidents remained in the hall deliberating.
Labels: CONSTITUENT ASSEMBLY, PARTIES
Read more...
KK opposes referendum
By Brighton Phiri
Friday June 22, 2007 [04:00]
DR Kenneth Kaunda has opposed the government's proposed referendum over the constituent assembly. Dr Kaunda has since declared that he would vote for a constituent assembly, should the government decide to waste resources on the referendum instead of reserving the much-needed funds for poverty reduction and HIV/AIDS.
In an interview, Dr Kaunda said there was no justification for government to waste money on a referendum when the Mung'omba Constitution Review Commission (CRC) had recommended a much cheaper process of establishing a constituent assembly.
"Let us reserve that money for AIDS, TB, Malaria, orphans and education for our poor children. We can use that money to improve the schools, clinics in our rural areas," Dr Kaunda said. "I will protest by way of voting for a constituent assembly if government decides to do the wrong thing. I will help to do the right with my vote."
Dr. Kaunda said it was sad that government had decided to spend huge sums of money to de-campaign a constituent assembly at a time when there were no drugs and medical equipment in hospitals, no teachers in schools and its citizens were dying from poverty-related illnesses.
"We should begin to move towards doing the right things for all of us," he said.
Dr Kaunda wondered why government had decided to kick off the referendum debate when Zambians had already spoken through the CRC.
"What are we waiting for? Why are we not implementing what the CRC recommended? Why don't we go by Mung'omba Commission recommendations?" Dr Kaunda asked.
Dr Kaunda said there was something in those who embraced the Church, Law Association of Zambia (LAZ) and Non-Government Organisations Co-ordinating Council (NGOCC) position of avoiding a costly referendum, because they truly represented the majority's views.
He said it was important that government recognised the Oasis Forum's voice as that of the people.
"Who can challenge the church's representation?" Dr Kaunda asked.
Dr Kaunda advised Zambians to move away from doing things that could be seen by the governed as tricks.
He urged Zambians to contribute towards the constitution-making process by being clear on their positions.
Labels: CONSTITUENT ASSEMBLY, KENNETH KAUNDA
Read more...
Referendum will delay constitution - Gen Tembo
By Masuzyo Chakwe and Chibaula Silwamba
Monday June 18, 2007 [04:00]
FORMER Republican vice-president Lieutenant General Christon Tembo has said the proposed referendum on the constituent assembly will delay enactment of the new constitution. And veteran academician and lawyer John Mwanakatwe has advised President Levy Mwanawasa to work closely with civil society and be the first president to give Zambia a people-driven constitution.
Lt Gen Tembo said the proposed referendum was not necessary at this stage.
He suggested that the government should convene a meeting at which all stakeholders should harmonise their positions on how a constituent assembly could be effected instead of going for a referendum.
"A referendum will delay the process of enacting the constitution," said Lt Gen Tembo.
He said although some stakeholders might differ, the meeting would help them harmonise their positions.
"In my view a referendum is not necessary, it might not be possible. There has been sufficient discussion by all stakeholders and what we should look at now is the setting up of the constituent assembly," said Lt Gen Tembo.
"We are spending more time discussing the mode of adopting the constitution instead of the constitution itself."
And in a separate interview, Mwanakatwe said President Mwanawasa was better placed today to give Zambians a lasting constitution.
He said there was no leader in the world who had succeeded by confronting the majority of the people.
Mwanakatwe said the most successful leaders in the world were those who worked in harmony with their people.
He said the country was at the moment in a state of confusion over the constitution making process.
"The commission dutifully and faithfully carried out its mandate; they went round the country to obtain views and suggestions on the review of the constitution from the people. To my knowledge, the Mung'omba Constitution Review Commission visited practically every district in the country after people had been sensitised in order to obtain their views so that for the first time, the people of Zambia would eventually get a people driven constitution," he said.
"In short, I see that there should be no problem on the constitution review process at all. The matter is simple and straightforward; the recommendations of the Mung'omba Constitution Review Constitution should be carefully considered because their report clearly showed that they gave careful attention to representations of the people," he said.
Mwanakatwe said the way forward was to get parties together in an effort to harmonise the conflicting views taken by the civil society and government.
"I think and I have prayed hard that in the near future, a number of respected and knowledgeable citizens will intervene so that civil society and government's view points can be harmonised," he said.
Mwanakatwe said the difficulties envisaged by the government could be overcome once a consensus was reached with other stakeholders.
According to the Mung'omba CRC, an overwhelming number of petitioners submitted that the constitution should be adopted through a constituent assembly, a constitutional conference or a body with broad representation while others submitted that it be adopted by the National Assembly or a national referendum.
The commission recommended, among others, that: the constitution should be repealed and replaced; the constitution should be adopted by a constituent assembly followed by a national referendum.
"The constituent assembly should be composed of elected district representatives, all parliamentarians and representatives of various interest groups," reads the CRC report in part.
"The method of review of the constitution, including the constituent assembly, should be given legal effect by an Act of Parliament laying down the processes and procedures, allocating the necessary resources, as well as stating the composition and functions of the constituent assembly."
Labels: CHRISTON TEMBO, CONSTITUENT ASSEMBLY, CRC
Read more...
What are we waiting for?
By Laura Miti-Banda
Saturday June 16, 2007 [04:00]
In reading back, this week, on articles on the constitution question that have appeared in this column, as well as those done by other people, it struck me that Levy made a decision long ago that he would never allow the people of Zambia to write a constitution for themselves like they were demanding.
Knowing that, he however allowed excessive amounts of time and money to be spent on the constitution review debate caring absolutely nothing about the wastefulness. This week, I have therefore decided to republish an article done over a year ago just to remind the nation of how Levy has played with us all like fools.
This is an excerpt from an article entitled “Epitaph” that appeared in this column in February 2006, after Mr Mwanawasa made an announcement that seemed to suggest that Zambians might after all get the constituent assembly they so desperately wanted:
When a couple of weeks ago, President Mwanawasa announced that the Mung’omba reviewed constitution will be adopted by a constituent assembly I felt a sense of deep anger.
My first response to Mwanawasa’s statement was to think: of the overall amount of money that has been used by both government and civil society over the question of the adoption of the reviewed Republican Constitution were to be tallied, I wonder how much it would come to. Did it have to be spent as it was?
You see Mwanawasa’s Presidency, will not be remembered for long but when it is, it will be for its scandalous wastefulness. President Mwanawasa must have known for a long time that, sooner or later, he was bound to give in to the popular demand for a constituent assembly.
He, in fact, begun by saying all he needed was a confirmation from the people via the Mung’omba Commission that they wanted one and he would give it to them. Then he began to play games. “It’s not possible because of financial cost , he said, then it was, “its not possible because of legal impediments;” and even “ it’s not possible because I do not want it.”
As he danced his merry jig around the issue, money this country can ill afford was being spent by civil society to gather the people’s voice and by Mwanawasa to counter it. The cost in time, labour and money has to be in the billions.
And this is a cost that did not begin with the final battle over the constituent assembly. President Mwanawasa begun his presidency by refusing to review the constitution at all or is it trying to ignore the matter. The Oasis Forum and wider civil society had to spend lots of money to meet him at State House and garner public pressure for a review before he finally gave in.
When he did, Levy, characteristically, set up the Constitution Review Commission in such a way that millions more would be spent by civil society in provincial forums to talk about the inquiries Act and why it was the wrong instrument to once again set up the CRC under. More money was to be spent in fights over the appointment process of commissioners.
At each point, Levy had a choice to make. Take the easier, saner, less expensive road to serve the good of all or watch unconcerned as billions were poured down the drain over a battle that did not need to be fought. We shall not go into what those billions could have been used for either in the constitution review process itself or else in service provision.
Now, one would expect that after all that he has put this nation through, Levy would by now have realised his folly, and be deeply remorseful for the senseless waste of resources he has caused this nation to suffer over its constitution. But heck no!
Just look at the statement he made:
‘There will be a constituent assembly since you want it. I really do not want it. So you will get it against my will. It will happen if money is found by government and whosoever will. It will happen if Parliament passes the law to cause it to take place but that depends on whether Parliament wants to or not.’
And so, once again, Levy makes a statement that means nothing.
Until Parliament has passed the law to facilitate the creation of the constituent assembly, nothing is certain. It is for that reason that Levy left that avenue open. The object of the statement was to announce that he is going to have the next election under the current constitution and maybe there will be a constituent assembly.
What he intended, I think, was to trick the people into relaxing their militant stance over their basic document. Levy is not entirely dull. He knew that any announcement that sounded as though he had given in on the CA would, for a moment anyway, and hopefully long enough, cause Zambians to celebrate a victory that had not happened.
There was nothing binding in his statement just as there was nothing binding in his saying I will give you a CA if you tell Mung’omba you want it.
So once again the people of Zambia may have to fight to see the necessary Bill in Parliament. They may have to fight to ensure that the constituent assembly takes place and then have to fight to ensure that it is made up of a credible representation of the various interest groups in the country.
In other words, more money will have to be wasted. That is unless of course, for once, President Mwanawasa does the right thing inexpensively. The interesting point is that the man still has a chance to rescue his presidency from an epitaph that says: Boring, expensive, wasteful, delivered nothing! Who knows what choice he will make? Maybe this time it will be different and the constituent assembly will come without further waste.
Well we know now don’t we that Levy never is going to choose a path on the Constitution that is in the best interests of this country he governs. He is chronically, almost criminally, self interested. The question that arises in my mind is, should we really as a nation continue to treat such a man with civility? At every turn he has lied to us and still we have given his presidency due respect.
It would seem to me that the Oasis Forum that called for the Red campaign last week, and all those that love Zambia should rethink their stance. We should not be waiting for Levy to lose at the “unnecessary referendum” before we demand his resignation.” Levy must be pushed to either do the right thing now, give us a constituent assembly or resign.
After all, I ask, what are we waiting for? What de we have to guarantee that even that referendum will be transparently held or its results respected. The hour has come for the people of Zambia to say Levy Mwanawasa “we have had enough of you.” The choice given to him therefore should be a constituent assembly or new elections. After all the money is there for a referendum we might as well use it for a change of a sick administration. That is my considered view
lauramiti@yahoo.co.uk
Labels: CONSTITUENT ASSEMBLY, CONSTITUTION, LAURA MITI-BANDA
Read more...
Let's take up the responsibility
By Editor
Wednesday June 13, 2007 [04:00]
Without any reservations, we are convinced that Levy Mwanawasa and his government have got it wrong over the constitution-making process, especially on the subject of the constituent assembly as the mode for adopting the new constitution.And if Levy wants to maintain the track that he seems to have chosen over the constitution-making process, then he should get ready for the political consequences of his actions.
Levy should further be advised that the time for political jokes is long gone and Zambians are now convinced beyond any grain of doubt of the awful importance of the question of the enactment of a new constitution. There is nobody, not least Levy, who should be allowed to frustrate with impunity the wishes of the Zambian people over the constitution-making process.
Although Levy wants to deliberately mislead and deceive himself that those calling for a constituent assembly as the mode of adopting the new constitution are just a tiny minority of the people of Zambia, we are comforted that the truth is expected to come out from the referendum which he has imposed on the nation over this matter. And since we are a democracy, although we are fully aware that the referendum which Levy has called for was not necessary in the first place as it is also a waste of public resources, we also hope that Levy is preparing himself for the consequences of the outcome of the same.
For if Levy truly wants to know the truth about the wishes of the people over the constitution-making process in general and the constituent assembly in particular, perhaps his doubts may only be put to rest by the humiliating defeat which he should be expecting from the Zambian people. We say this without malice, except to point out that it is not necessary for Levy and his government to continue indulging in the illusions of hope and luck over a matter which is very clear and in which the people's wishes have been widely and unequivocally expressed.
Going by his actions and utterances recently, it is very clear that Levy is trying his luck too far and he is truly exceeding his obsession and romance with last year's presidential election results. The fact that Levy got more votes in last year's elections when compared to the 2001 elections does not in any way justify the kind of tyranny that he wants to introduce in the governance of this country.
To claim opposition to the constituent assembly on the basis that the majority of constitution petitioners did not support it is to fatally confuse significant and fundamental issues with basic and simple statistics or figures which do not really provide a true guidance of what really ought to done. And we expect that Levy should be in a position to clearly distinguish between fundamental political issues and simple additions, subtractions, divisions, multiplications or extrapolations of figures.
As we noted last week, it is clear that Levy has now unleashed a process that may in fact end up destroying the authority of his government and ultimately diminish the standing of the ruling MMD. And it is for that reason that we are wondering if Levy is aware of the terrible consequences that may arise from his defeat by the Zambian people over the referendum on the constituent assembly.
We are saying this because Levy will certainly not defeat the Zambian people on this one. And since Zambians are aware that he is not with them on the issue of the constituent assembly as the mode for adoption of the new constitution, he should also be aware that the people of Zambia are mobilising themselves through various institutions and organisations to ensure that his tyrannical tendencies are fought and consigned to the political trash can where they rightly belong.
And again, even though it was not necessary for Levy to have called for a referendum to decide on the constituent assembly, we urge the people of Zambia to reject Levy and his government's conspiracy over the constitution-making process. It is quite clear now that Levy and his government - going by the pronouncements from his ministers - have conspired to deny the people of Zambia a new constitution which they have waited for many years now. All efforts and strategies are required from each and everyone of us to fight, resist and rest Levy and his government's conspiracy on the constitution-making process. We should not allow anyone to abuse the people's will and wishes over the constitution making process.
In fact, we are quite surprised that any sensible person would be opposed to adoption of the new constitution through a constituent assembly when this system has been used in many other societies as a way of coming up with a constitution which is generally accepted by and acceptable to the majority of the people.
There is a whole list of countries which have successful experiences with the constituent assembly as the mode of adopting their constitutions. For instance, the Norwegian Constituent Assembly adopted Norway's current constitution in 1814. The Constituent Assembly of Lithuania which was elected in 1920 worked for two years and enacted the 1922 constitution. The Third Dail, which is also known as the Irish Constituent Assembly was elected in 1922 and in that same year enacted the Constitution of the Irish Free State. The Constituent Assembly of Venezuela adopted the country's current constitution in 1999.
The list of countries that have gone through the constituent assembly when adopting constitutions is long and it is not necessary to fatigue anyone with all the intricate details. However, the point to be stressed is that the constituent assembly, if elected and set up in a transparent and representative manner, should be the most acceptable mode of adopting a constitution which should be generally accepted by and acceptable to the majority of the people. And that is exactly what the people of Zambia have been asking for. The aspiration of the people of Zambia now is to adopt the new constitution through a system that is more transparent and more representative. And it has been stated that there is no better system to do that than through a constituent assembly.
But since Levy and his government have refused to take up the responsibility of ensuring that the new constitution is adopted through a transparent and representative system, all Zambians are called upon to take up that responsibility. As the process for a referendum on the constituent assembly rolls out, let us always remember that Levy and his government have rendered themselves irrelevant in our quest for a genuinely people-driven constitution. It is now up to us the people to take control of the process which will ultimately deliver to us the kind of constitution which we have always yearned for.
Labels: CONSTITUENT ASSEMBLY, EDITORIAL, OASIS FORUM
Read more...
Sata, HH oppose referendum
By Chibaula Silwamba
Tuesday June 12, 2007 [23:00]
OPPOSITION Patriotic Front (PF) and UPND presidents Michael Sata and Hakainde Hichilema have opposed the idea of a referendum but instead demanded the enactment of a constituent assembly Act to facilitate the adoption of the new constitution. And Sata charged that President Mwanawasa was hoodwinking Zambians on the referendum, claiming that there is no law which states that there should be a referendum before a constituent assembly.
Hichilema disclosed that UPND parliamentarians have been instructed to support the introduction of a constituent assembly Bill during the next sitting of Parliament. Commenting on Oasis Forum's launch of the red campaign for a constituent assembly, Sata yesterday said all stakeholders must meet and propose what form the constituent assembly would take.
"The Oasis Forum and other civic organisations are missing a very vital point that they are being hoodwinking by Mwanawasa and his minions on the referendum of the constituent assembly," Sata said.
"The current constitution has no article talking about the constituent assembly and article 79 of the constitution has nothing to do with the mode of adopting the constitution. There is no law that provides for a referendum. We don't need a referendum, we need a constituent assembly Act. A referendum is just a waste of resources and time by Mwanawasa."
And Hichilema said there was no need for a referendum. "We don't need a referendum, what we need is the next sitting of Parliament, in July, we should get our parliamentarians, and I can be specific UPND members of parliament have been instructed to support bringing about the constituent assembly Bill in the next sitting of Parliament and do what is necessary on their part with other progressive parliamentarians to enact the constituent assembly Act. Then we can bring the Act into being," said Hichilema during a Radio Phoenix programme.
He recalled that first Republican president Dr Kenneth Kaunda had political will to cut short his tenure of office and change the law to allow reintroduction of multiparty democracy. Hichilema said the MMD government had no political will on the constitution-making process.
"We don't need acrimony on the constitution-making process. Let's give people what they want," said Hichilema.
And Oasis Forum spokesperson Musa Mwenye said the Willa Mung'omba Constitution Review Commission (CRC) recommended that a constituent assembly should adopt the new constitution but President Mwanawasa rejected the recommendation by putting up a referendum.
He said that this meant that the country would have two referenda, before and after the constituent assembly.
"I agree with Mr. Sata that the referendum is unnecessary at this stage but President Mwanawasa wants the referendum. We will mobilise for the constituent assembly because we don't want to be caught napping," he said.
Mwenye said the constituent assembly Act could be passed to create the organ that would adopt the constitution.
And Sata wondered how the referendum would be successful when the government had abandoned the electoral Act reform process.
"If we cannot adequately deal with this simple law, the referendum is a waste of time because President Mwanawasa already knows which direction he is going to go and more especially if they say they want the referendum should be on eligible voters," he said.
"If they are talking of eligible voters, that is imaginary. How are we going to ascertain that the people who have voted in the referendum are correct?"
Sata therefore said the government should produce a white paper before the referendum.
"The white paper will spell out what they have accepted and what they haven't because knowing President Mwanawasa as I do, from day one in government he has been cheating, misleading, lying. He is very dishonest and very insincere, so you can't trust him on anything."
Sata urged Zambians to unite and fight President Mwanawasa the same way the freedom fighters fought for Zambia's independence.
Sata said the PF proposed that there should be provincial assemblies in all the provinces that would decide what the national constituent assembly should act on.
"If we are not careful, the constituent assembly is going to be hijacked by people in Lusaka. Therefore there should be nine conventions in all the nine provinces of Zambia that should sit simultaneously to avoid the bandwagon nonsense. These provincial assemblies will choose the national constituent assembly which is going to examine the proposals which will come from the provincial assemblies, otherwise we are wasting our time," said Sata.
"We are supporting and going to work with the Oasis Forum but us the leading opposition party we have to map out the strategy and give commitment to Zambians."
Labels: CONSTITUENT ASSEMBLY, HAKAINDE HICHILEMA, PF, SATA, UPND
Read more...
