Sunday, August 15, 2010

NCC ends review of public submissions

NCC ends review of public submissions
By Ernest Chanda
Sun 15 Aug. 2010, 04:01 CAT

THE National Constitutional Conference (NCC) has resolved to take all articles agreed upon to Parliament for enactment and leave the bill of rights and others to a referendum.

This was after analysing all the less than 500 public submissions on their draft constitution on Friday evening.

After the Conference finished considering public submissions, spokesperson Mwangala Zaloumis moved a motion seeking the Conference to decide whether to take provisions agreed upon to Parliament and to a referendum the issues where they failed to reach a compromise, or take the whole draft constitution to a referendum.

Debating the motion earlier, Parliamentary chief whip Vernon Mwaanga proposed that the entire draft constitution be referred to a referendum in order to satisfy people’s expectations.

“I think that the people of Zambia are expecting a new constitution. And partial enactment will not satisfy their expectations. I therefore suggest that we submit the whole constitution to a referendum so that the people can decide what they want,” debated Mwaanga.

Mwaanga’s proposal was supported by Pemba UPND parliamentarian David Matongo who argued that the people must have a final say on the matter.

But commissioner Bidon Katete argued that the Conference submits Articles they had adopted to Parliament and refer those they failed to make a decision on to a referendum.

Reverend Gibson Nyirenda argued that taking the whole document to a referendum would anger people more since they had opposed the process from the beginning.

“You know how this process has been castigated from the beginning. If we take the whole document to a referendum it means that for all this time we have sat here we have done nothing. I therefore agree with those proposing that all those articles we agreed on we take them to parliament, and those we failed to agree on plus the bill of rights we take them to the people,” debated Rev Nyirenda.

Initially, delegates were supposed to deliberate up to 13:00 hours on Friday, but they had earlier on Thursday resolved to debate up to 20:00 hours the following day in order to finish the submissions.

And after completing public submissions at about 20:24 hours, Zaloumis moved the motion so that everyone would know how the final document would be adopted.

After it was resolved that articles agreed upon be taken to parliament while those unresolved and the bill of rights be taken to a referendum, delegates gave themselves a round of applause for the ‘good work’ they had done.

And in his closing speech, NCC chairperson Chifumu Banda expressed satisfaction that the Conference had accommodated public views.

“It is indeed gratifying that some cardinal comments from the general public have been taken on board. These include the reinstatement of the rights to water, sanitation and food in the Bill of Rights as well as the removal of the requirement that a presidential candidate should possess a minimum academic qualification of a first degree or its equivalent and the removal of the requirement in the Mung’omba draft constitution that a presidential candidate should possess a minimum academic qualification of a Grade 12 school certificate. This shows that you honourable members of the NCC were alive and sensitive to the demands of the people out there,” said Banda.

The NCC sittings that started on December 19, 2007, have met sharp criticism from the public for some decisions made, most of which were not in public interest.

These include, among others, the failure to out rightly adopt the 50 percent plus one voting system for a presidential candidate and the rejection of an elected Vice-President.

After this, the NCC secretariat will sit to prepare a final draft constitution that will be submitted to the Minister of Justice on August 31, 2010.

Thereafter, the Minister of justice will take those articles the NCC agreed upon to parliament for scrutiny and subsequent adoption.


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Sunday, February 21, 2010

NCC abandons Mung’omba recommendation on press freedom

NCC abandons Mung’omba recommendation on press freedom
By Ernest Chanda
Sun 21 Feb. 2010, 04:01 CAT

SEVERAL delegates at the National Constitutional Conference (NCC) on Thursday refused to grant absolute freedom to the media as proposed in the Mung'omba draft constitution.

This was despite human rights committee chairperson Enock Mulembe's clarification that there were restrictions in other clauses ahead. Article 57 (1) of the Mung'omba draft constitution states that, “There shall be freedom of the press and other media.”

Most delegates argued that if left without control the media would feast on people without due respect for their rights.

Southern Province minister Daniel Munkombwe argued that giving the media such freedom would amount to opening a Pandora's box.

“Yes, press freedom is a necessity, but have we not heard in this country? So far certain radio stations create debate to merely scandalise and scorn people. We have known also some sections of the media which totally... So if we open a Pandora's box and give them freedom the country will go.

I'm not saying we are against this but I'm simply saying there must be some safety valve because if left like it's very easy for a multinational company to buy a whole range of the press and suffocate the country,” debated Munkombwe.

Munkombwe's views were supported by Northmead Assembly of God church overseer Bishop Joshua Banda, Churches Health Association of Zambia (CHAZ) representative Dr Antonette Phiri, among others.

Commissioner Chama Chilukuta from Nchelenge District Council complained that he was not happy with some of the language used by the media.

“The media today is quite dangerous. It is only today that we have certain print media publishing words like idiot, foolish towards fellow human beings or even the Head of State. I'm not saying it's all the media, but one groundnut can destroy the goodness of the other groundnuts. We need to provide safety measures,” said Chilukuta.

And Reverend Gibson Nyirenda, one of the Lusaka pastors who honoured former president Frederick Chiluba, claimed that some people in the media had become too powerful.

“Some people in this country have become untouchable. They write what they want and say what they want. If we don't give the media safety measures we are simply giving them a blank cheque for pornography. Every time you open the papers you read insults and see pornographic pictures. The world over is talking about fighting HIV/AIDS. Now, how shall we fight AIDS if we give the media a blank cheque?” Rev Nyirenda asked.

But Bweengwa UPND member of parliament Highvie Hamududu challenged those complaining to form their own newspapers and write what they wanted. He said there were enough defamatory laws in the country for those who felt insulted by the media.

“This country is not going forward. I support this Article 100 per cent and it must be approved without any infliction. We all know that in this country the press is subject to the Constitution.

I think the people talking about insults don't understand the Constitution. If the press insult you take them to court because they are subject to the Constitution of the land. Why do you want to continue chasing one newspaper when you have a chance to create your own?”

Hamududu inquired. “I want to caution people in this conference not to be subjective. You won't be in power forever because one day you will need the same press you are trying to gag. If you doubt me ask my brother George Mpombo, who if not for the press today he would have been dead and buried. But because of the press he has risen up and is more read about than some of you. So if you are not happy with what the press writes open up your own newspaper and write what you want.”

His views were supported by Press Association of Zambia (PAZA) president Andrew Sakala who said if passed, the media would for the first time be supported by a stand alone clause.

When it came to voting, the conference resolved to adopt the clause but with the importation of limitations from Article 20 (3) a, b and c of the current Constitution.

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