Engage govt, Sata advises Oasis Forum
By Mwala Kalaluka
Sun 16 Dec. 2012, 14:00 CAT
PRESIDENT Michael Sata has
advised the Oasis Forum against declaring disputes with the government before conclusively engaging it.
Reacting to the Oasis Forum's allegations that the PF administration was reversing the country's many hard-won democratic gains and in the process placing the nation at crossroads, President Sata, through his spokesperson, George Chellah, yesterday challenged the forum to pinpoint those specific democratic violations.
President Sata, according to a press release by Chellah, said his government was determined to build a deeply united, democratic and totally transformed country.
"The Head of State, who is reacting to the statement by the Oasis Forum, challenged the forum to pinpoint the specific violations or 'hard-won democratic gains' the government is attempting to reverse," the statement read in part.
President Sata said it would be more helpful if the Oasis Forum recognised that the central aim of national building lies in constructive engagement of specific sectors of governance.
"It's only fair that if there are other broader governance issues they want to raise, they should engage the Minister of Justice. Merely issuing statements will not solve our country's problems. It might win them kudos but it won't take them and the country very far," President Sata said.
"As leaders we need to encourage our citizens that our nation's survival and growth is anchored on active engagement and participation on several matters concerning our country. Therefore, we wish to advise our colleagues in the Oasis Forum and other stakeholders to learn to engage and not play to the gallery."
President Sata said the PF administration was resolute in its quest to establish a close working relationship with various stakeholders for the benefit of the country.
"We are a democratic government that fully understands its limitations as enshrined in our Republican Constitution. Furthermore, this government is serious about delivering development to our people through economic growth, job creation and combating corruption and crime among others," President Sata said.
"We are aware that this will only be achieved if we work with all stakeholders who are serious about meaningful dialogue that translates into beneficial results for our people. No wonder, since getting into government, I have made it my preoccupation as Head of State to engage the public as widely as possible, including the Church."
The Oasis Forum, which comprises the Zambia Episcopal Conference, the Council of Churches in Zambia and the Evangelical Fellowship of Zambia, said in a statement that they found attempts by the government and State House officials to demonise and try to isolate the Law Association of Zambia, following its assertions that the government was perpetrating a breakdown in the rule of law, distasteful.
"We wish to remind this government that we have come a long way, as a nation, and we will not sit and watch as the PF government attempts to re-introduce a de-facto one-party state in this country either through costly and unnecessary by-elections or through intimidation of critics," they stated. "It is imperative that Zambians unite as we have done in the past to resist this new attempt to take us backwards. Governments are good only when citizens are vigilant."
Labels: MICHAEL SATA, OASIS FORUM
Read more...
Engage govt, Sata advises Oasis Forum
By Mwala Kalaluka
Sun 16 Dec. 2012, 14:00 CAT
PRESIDENT Michael Sata has advised the Oasis Forum against declaring disputes with the government before conclusively engaging it. Reacting to the Oasis Forum's allegations that the PF administration was reversing the country's many hard-won democratic gains and in the process placing the nation at crossroads, President Sata, through his spokesperson, George Chellah, yesterday challenged the forum to pinpoint those specific democratic violations.
President Sata, according to a press release by Chellah, said his government was determined to build a deeply united, democratic and totally transformed country.
"The Head of State, who is reacting to the statement by the Oasis Forum, challenged the forum to pinpoint the specific violations or 'hard-won democratic gains' the government is attempting to reverse," the statement read in part.
President Sata said it would be more helpful if the Oasis Forum recognised that the central aim of national building lies in constructive engagement of specific sectors of governance.
"It's only fair that if there are other broader governance issues they want to raise, they should engage the Minister of Justice. Merely issuing statements will not solve our country's problems. It might win them kudos but it won't take them and the country very far," President Sata said. "As leaders we need to encourage our citizens that our nation's survival and growth is anchored on active engagement and participation on several matters concerning our country.
Therefore, we wish to advise our colleagues in the Oasis Forum and other stakeholders to learn to engage and not play to the gallery."
President Sata said the PF administration was resolute in its quest to establish a close working relationship with various stakeholders for the benefit of the country.
"We are a democratic government that fully understands its limitations as enshrined in our Republican Constitution. Furthermore, this government is serious about delivering development to our people through economic growth, job creation and combating corruption and crime among others," President Sata said.
"We are aware that this will only be achieved if we work with all stakeholders who are serious about meaningful dialogue that translates into beneficial results for our people. No wonder, since getting into government, I have made it my preoccupation as Head of State to engage the public as widely as possible, including the Church."
The Oasis Forum, which comprises the Zambia Episcopal Conference, the Council of Churches in Zambia and the Evangelical Fellowship of Zambia, said in a statement that they found attempts by the government and State House officials to demonise and try to isolate the Law Association of Zambia, following its assertions that the government was perpetrating a breakdown in the rule of law, distasteful.
"We wish to remind this government that we have come a long way, as a nation, and we will not sit and watch as the PF government attempts to re-introduce a de-facto one-party state in this country either through costly and unnecessary by-elections or through intimidation of critics," they stated. "It is imperative that Zambians unite as we have done in the past to resist this new attempt to take us backwards. Governments are good only when citizens are vigilant."
Labels: MICHAEL SATA, OASIS FORUM
Read more...
Oasis Forum questions committee on constitution
By Masuzyo Chakwe
Sat 17 Dec. 2011, 13:55 CAT
THE Oasis Forum says it is concerned that the government has not clearly indicated the legal framework pursuant to which the committee of experts to draft the new constitution was appointed.
In a statement signed by Zambia Episcopal Conference (ZEC) secretary general Father Cleophas Lungu, Council of Churches in Zambia (CCZ) general secretary Reverend Suzanne Matale, NGOCC board chairperson Beatrice Grillo and Law Association of Zambia vice-president James Banda, the Oasis Forum stated that it had in the past consistently demanded that the constitution-making process must inspire the confidence of the vast majority of Zambians.
"We have also consistently reaffirmed our belief that a well-thought out and inclusive process protects the content of the constitution. In this regard, we would like to register our concerns over the fact that the government of the Republic of Zambia has not clearly indicated the legal framework pursuant to which the committee of experts was appointed," it stated.
"The Oasis Forum therefore reiterates its long held position that the submission of a report to the Republican President in the form of a recommendation in the constitution-making process is inimical to the principle of a people driven constitution."
The Oasis Forum stated that a constitution was not only a legal document but must also be an embodiment of the people's aspirations.
"In this regard, we call upon both the government and the committee of experts to exercise their best endeavours in ensuring that the process receives the acceptance of a wide section of society," it stated.
It urged the committee of experts to come up with a clear roadmap on the constitution-making process and to clearly and effectively communicate the roadmap to the people. The forum hoped that the committee of experts would not depart from the Mungomba Constitution Review Commission roadmap which envisaged the holding of a referendum before the draft constitution was presented to Parliament for enactment without further debate.
It urged President Michael Sata to appoint a referendum commission as a matter of urgency in line with the referendum Act.
The Oasis Forum stated it was confident that the people appointed to the committee of experts were capable of delivering a draft constitution that reflect the long held aspirations of Zambians.
However, it stated that appointment of a committee of experts based on considerations other than expertise in the constitution-making process had invariably adversely affected the credibility of the process.
It stated that the appointments might lead to a situation where very important sections of society feel ostracised from the process.
The Forum also urged the committee of experts to make its budget public and for the government to publicise the budget for the entire constitution-making process.
"Finally, we call upon each and every Zambian to actively engage in the constitution-making process. It is our hope that the politicians will not betray the integrity of the people appointed to sit on the committee of experts," stated the forum.
Labels: NGOCC, OASIS FORUM, ZEC
Read more...
Oasis Forum demands Kunda’s resignation
By Chibaula Silwamba
Thu 07 Apr. 2011, 04:01 CAT
VICE-President George Kunda must immediately resign failure to which President Rupiah Banda must fire him, the Oasis Forum demanded yesterday.
And Council of Churches in Zambia (CCZ) general secretary Reverend Suzanne Matale said the MMD government had failed the Zambian people on the constitution-making process.
Addressing a press briefing at the Catholic Church’s Kapingila Guest House in Lusaka, the Oasis Forum said Vice-President Kunda, who is also justice minister, had been misleading successive Republican presidents concerning the constitution-making process, hence costing taxpayers colossal sums of money.
The Oasis Forum is an umbrella of Zambia Episcopal Conference (ZEC), Law Association of Zambia (LAZ), CCZ, Evangelical Fellowship of Zambia (EFZ) and the Non Governmental Coordinating Council (NGOCC) advocating good governance, adherence to democratic tenets and constitution reforms.
The Oasis Forum said the failed constitution-making process was an indictment on the performance of Vice-President Kunda and Zambians would force him to resign.
“We call for his immediate resignation as an honourable thing to do or be fired,” said Beatrice Grillo, chairperson of the Oasis Forum and NGOCC, on behalf of the member groups.
“In the same vein, we lament the lack of political will of the President, Attorney General and political parties in general in promoting a democratic dispensation through a constitution-making process that is a driver for greater participation of all Zambians.”
The Oasis Forum demanded that the government unconstitutionally apologise to Zambians for the misapplication of resources in a process that failed to recognise and appreciate that a constitution was not a political manual but a good governance tool where all Zambians have a say and participate in its development process.
The Oasis Forum demanded that the government be held accountable for all the resources expended on the National Constitutional Conference (NCC) process since its commencement in 2007.
It said Vice-President Kunda's announcement in Parliament that the NCC cost Zambians in excess of K83 billion was a gross undervaluation of the expenditure because the original budget was K135 billion for a shorter period but the process was extended.
The Oasis Forum described the failed constitution process as a big scandal and denounced the government for underplaying the setback.
The Oasis Forum said it would be tragic to hold this year’s elections on the basis of the current Constitution.
“The Oasis Forum is of the considered view that it is possible to have a new constitution before this year's elections if there is political will. In short, we are saying that there is simply no justification for not concluding the constitution review process eight years after its commencement,” said Grillo, flanked by Rev Matale, ZEC secretary general Fr Cleophas Lungu and EFZ executive director Rev Pukuta Mwanza, though LAZ was not represented.
“It is our belief and recommendation to all Zambians and in particular the government of the day that the following road map, if implemented between now and the elections we can have a new constitution: (a) Creation of a lean technical committee of experts to validate Mung'omba Draft Constitution and report, (b) subjects the validated constitution to a referendum and (c) enactment of the adopted constitution by Parliament,” Grillo said.
The grouping said it would mobilise and organise Zambians for their participation in the referendum and sensitise and educate them on the need to repeal the current Constitution and not piecemeal amendments.
And Rev Matale said it was unfortunate that MMD spokesperson Dora Siliya claimed that the ruling party had not lost but the Zambians, after the collapse of the constitution-making process.
“If Zambians have lost then the MMD has failed,” said Rev Matale.
Rev Mwanza said the Oasis Forum would use non-violent means like a green ribbon and petitions to compel the government to heed their demands on the constitution-making process.
Last week on Tuesday, the Banda-MMD-led government failed to garner the required two-thirds majority vote to pass the Constitution of Zambia bill to second reading in the National Assembly.
The ruling MMD that has lost some parliamentary seats in by-elections has 78 legislators in a 158-member National Assembly.
Labels: CCZ, GEORGE KUNDA, OASIS FORUM
Read more...
Oasis Forum to pressure for new constitution
Written by George Chellah
Tuesday, August 04, 2009 2:13:03 AM
THE Oasis Forum has stated that it will embark on a series of countrywide activities to put pressure on the NCC and the government to conclude the constitution review process this year.
In a joint statement issued yesterday, which was also signed by all affiliate organisations that include, the Zambia Episcopal Conference (ZEC), Council of Churches in Zambia (CCZ) and the Evangelical Fellowship of Zambia (EFZ) among others, the forum stated that the need for a new constitutional order in Zambia was indisputable.
They stated that Zambians had invested heavily in the process and time was ripe to conclude this long journey.
"Oasis Forum will embark on a series of countrywide activities to put pressure on both the NCC and government to conclude the constitution review process as soon as possible," they stated.
The forum stated that the majority of Zambians anxiously awaited the conclusion of the constitution review process, which had been ongoing for a period of time now.
They stated that from February 2003 when the Mung'omba Constitution Review Commission (CRC) was appointed to December 2005 when the CRC subsequently presented its draft report and constitution to the late president Levy Mwanawasa, people's expectations for a new and durable constitution continued to be high.
The forum noted that National Constitution Conference (NCC) started its work on December 19, 2007 with several promises of timely deliberation and conclusion of the adoption process.
They stated that the NCC was touted by government and its proponents as not only a suitable compromise but a cheaper and representative option but that the Oasis Forum opted to stay out of it for various reasons that had been publicly communicated.
"From December 2007 to date, we have taken a strategic position to stay away from publicly commenting on the work of the NCC. However, this has not meant that we have not been observing, listening and analysing the process of the NCC. Time has come for the Oasis Forum to publicly comment on the whole constitution reform process."
They stated that a consultative meeting was held on July 24, 2009 at Mulungushi International Conference Centre with participants drawn from all the nine provinces and that these represented different interest groups.
"The consultative meeting reaffirmed as follows; that the Oasis Forum is a relevant channel for mobilising public interest on the constitution review process. The forum remains 'true' to its name and will continue to be a spring of life particularly in the midst of despair or doubt by the general populace on the progress being made on this matter, the circumstances that led to the Oasis forum staying away from the NCC, have not changed and there is no compelling reason for the forum to change its position on this matter. However, while the forum will not participate in the NCC, it remains committed to engage in all necessary activities aimed at bringing about a new and durable constitution at the earliest opportunity," they stated. "The NCC, through its plenary sittings has only concluded discussions on reports from four out of eleven committees. This slow pace of the NCC is a source of concern and it is clear that the several promises made by government and the NCC itself to conclude the adoption process within 2009, will not be met. The position presented by His Honour the Vice-President - Mr George Kunda in Parliament that the NCC will conclude its work in 2010, is a major setback to the whole constitution review process and confirms the political machinations to unnecessarily delay the enactment of a new constitution. It will indeed be sad for our democracy for the 2011 elections to be held on the basis of the current constitution. Zambians should not be taken for yet another ride as the case was in 2006 when the MMD government indicated that the new constitution could not be concluded before the 2006 elections. Come 2011, what will be the justification for not concluding the constitution review process eight years after commencement?
"Further, this new development to extend the mandate of the NCC to 2010, confirms a lack of sensitivity on the part of government to the several areas of need in the country. Colossal amounts of money are being paid to the NCC delegates and in the current economic environment, it should be in government's interest to save as much as it can and divert this to other meaningful national development projects. It is a pity that the NCC has become an endless exercise whose added value to the work of the Mung'omba CRC remains questionable. The pace of the NCC is starting to slow down which is leading to all forms of delays, which hopefully should not be ploys to compromise the quality of the final product."
They demanded that the NCC should conclude its work within 2009 in order to allow for the preparations of follow-up activities such as the referendum to take place.
They stated that as a matter of urgency the government should start preparing for a referendum, which was unavoidable.
"The Zambian people should be sufficiently informed on the ongoing deliberations in the NCC. More efforts should be made to inform and sensitise the people on this process especially in the rural areas," they stated. "The final product should include the settled issues that were key recommendations in the Mung'omba CRC such as 50 per cent plus one requirement for winning the presidency, a running mate for the president, ministers from outside Parliament, direct election of mayors etc."
Labels: CONSTITUTION, NCC, OASIS FORUM
Read more...
Unsettling extension
Written by Editor
The proposal by the National Constitutional Conference (NCC) secretariat for an extension of their mandate by 12 months is unsettling. We say unsettling because we feel the initial period that was given to the NCC from inception - September 10, 2007 to September 2009 - is enough to complete its very expensive work.
The NCC was constituted under an Act of Parliament of 2007 to examine, debate and adopt proposals to alter the draft Constitution submitted by the Willa Mung'omba Constitution Review Commission (CRC). The Mung'omba draft report recommended that the Constitution should be adopted through the Constituent Assembly and when the issue of forming the NCC arose, various stakeholders, including the Oasis Forum, opposed the idea.
They insisted that the constitution should be adopted through the Constituent Assembly. However, the MMD government maintained its stance over the NCC and a bill was drafted after some consultation.
Some sections of the Church and some civil society organisations accepted the idea reluctantly but called for further consultation over the matter. The people's fears were that the bill, which was formulated on the Zambia Centre for Interparty Dialogue (ZCID) road map, advocated piecemeal amendments of the Constitution and reserved the right of Parliament to debate and amend the recommendations of the constitutional conference. The stakeholders felt that the bill was retrogressive as it merely limited the NCC to making recommendations to the Minister of Justice.
However, the government ignored the people's wishes and went ahead to take the NCC bill to Parliament. When civil society threatened to demonstrate over the constitution-review process, then justice minister George Kunda - now Vice-President - accused the Oasis Forum of derailing the process and said the intention of the government was to achieve a comprehensive review of the Constitution in a less costly manner. The bill sailed through Parliament and late president Levy Mwanawasa accented to it, making it law.
Stakeholders such as the Non-Governmental Organisations Coordinating Council (NGOCC), the Zambia Episcopal Conference (ZEC), the Council of Churches in Zambia (CCZ), Evangelical Fellowship of Zambia (EFZ) and the Patriotic Front (PF) boycotted the NCC. Nonetheless, the NCC - with about 496 members, was then set up. At the time, we made it very clear that the NCC was not for consensus building or a negotiated approach to constitution review.
We had said it was simply a mechanism for the deception of people. We had a problem with composition of the NCC and we stated that there would be no real participation by the people but that what would be there would be the MMD's participation, its dominance or hegemony over the whole process.
The NCC then commenced its sittings on December 19 and the rest, as they say, is history. Now it is unsettling to hear that this Conference wants an extension of 12 months. According to the NCC's letter addressed to the General Purposes Committee on November 17, 2008, they had lost over eight months due to various factors such as the initial preparation during the setting up of the Conference, president Mwanawasa's death and the elections.
Valid as their reasons might be, we feel the demand for an extension by 12 months is unsettling and raises a lot of questions about its efficiency, effectiveness and orderliness.
The NCC should be able to finish its work within the stipulated time because the country cannot afford to buy time on the Constitution. People have hoped for a new constitution for a long time and actually offered alternative road maps which indicated that the constitution could be finalised within a shorter period of time but the government decided to go its way.
We were even recently assured by Kunda that the document would be ready on time so there should be no need for the NCC to continue to 2010. Setbacks will always be there in life but there is need for us to plan in such a way that we meet our set goals. What guarantee do we have that there will be no setbacks in 2009, which will lead them to asking for an extension to 2011 - the year of general elections?
We need a lot of seriousness on this matter because the constitution, which is being formulated is not for the MMD or an individual. This is a document for the people and it is needed urgently.
When the Oasis Forum presented an alternative road map through which to adopt the constitution, it was rejected on grounds that it would be an expensive exercise. The government came up with a 'cheaper' way of enacting the constitution by forming the NCC.
A lot of concern has been raised over the money that is being spent on this body. According to the 2008 budget, in excess of K300 billion was allocated to the NCC and definitely they will receive an allocation next year since their mandate spans up to September 2009. This is understandable but to think of another allocation in 2010 is unsettling.
Where will the country get the money? In view of the global financial crisis, the country is likely to see reduced revenue in form of taxes. This crisis will lead to job losses thus reducing the number of taxpayers, the country might not get as much money in aid as the developed countries are very much hit by the credit crunch and are trying to bail out their own companies.
The country might see reduced investment which could have helped to create more jobs and the economy is not likely to perform as projected. This precarious situation calls for a lot of foresightedness, prudence, thriftiness and good planning to ensure that the little money that the country has is spent wisely.
It will be unwise for us as a country to take the route of "business as usual" when the entire world is gearing up and finding ways of mitigating the effects of the global economic meltdown. And it will be unfair to continue milking the taxpayers who at the same time have to struggle with the rising cost of living - high prices of food, rentals, fuel and so on and so forth.
Such an extension should only be tolerated if members of the NCC decide to go for 12 months to serve the country - without any allowances being paid to them. As long as it involves the hard-earned taxpayers’ money, an extension will be difficult to support. It is sad that in these hard economic times, people can entertain such very expensive schemes.
We have always called for an acceptable constitution-making process and we have always encouraged consensus in the process. And we strongly feel that the country can have the new constitution by September 2009. Those sitting on the NCC should ensure that they deliver a good constitution that meets the people's aspirations. They should ensure that the defeat that people suffered over the Constituent Assembly is avenged, is reversed. This requires a high sense of selflessness, maturity and humility.
We need to remember that our people wanted a new constitution before the 2006 elections and the government refused. The government pushed the deadline to 2009 and it will be immoral to push it to 2010. Everything has a limit and people should not be pushed further than they already have. Pushing the deadline further is unacceptable. We need a new constitution not later than 2009.
Labels: CONSTITUTION, CONSTITUTIONAL CONFERENCE, CORRUPTION, NCC, OASIS FORUM, WILLA MUNG'OMBA
Read more...
Oasis Forum reaffirms vision of developing constitutionalism
By Mwila Chansa
Sunday June 29, 2008 [04:00]
THE Oasis Forum has reaffirmed its long held vision of developing and entrenching a culture of constitutionalism in Zambia. And Oasis Forum convenor Bishop Paul Mususu stated that given the uninspiring state of the constitution reform process so far, they had resolved that they would continue with their programmes and activities intended to sensitise Zambians throughout the country on the need for a people-driven and people-centered constitution reform.
Bishop Mususu stated on Friday that following the decision by one of its constituent members, the Law Association of Zambia (LAZ) to participate in the National Constitution Conference (NCC), the remaining four members namely Non-Governmental Organisations Coordinating Council (NGOCC), Evangelical Fellowship of Zambia (EFZ), Zambia Episcopal Conference (ZEC) and the Council of Churches in Zambia (CCZ) had reaffirmed their long held commitment to the long held vision of Zambia developing a culture of constitutionalism.
“The Oasis Forum has taken time to observe, listen, reflect and consult on the current happenings vis-à-vis constitution reform in Zambia,” Bishop Mususu stated. “The four organisations are resolved to continue with the process that they started when establishing the Oasis Forum and a process which has been hailed as a beacon of hope for many Zambians for several years now.”
Bishop Mususu emphasised that the measure of success for any constitution reform process lay in the culture that the final constitution created or embraced.
He stated that it was the Oasis Forum’s conviction that the country needed a process that ensured that the Republican constitution produced was not only an embodiment of the people’s aspiration but also a catalyst for developing a culture of constitutionalism where good governance thrived, where human rights were protected, the rule of law respected and upheld.
Bishop Mususu added that the process also needed to ensure that economic and political pluralism was entrenched in addition to being a source of harmony and laying the foundation for socio-economic development for all Zambians.
“We wish to reiterate our position that the current process which the Zambian government has embarked upon will not achieve the desired constitution and it is the duty of every Zambian to remain vigilant and not to sleep on their rights,” he stated.
And Bishop Mususu stated that the forum would continue sensitising the public on the attributes of a good constitution and the need for a completely new document that effectively trims the enormous executive powers that reside in the Presidency.
He stated that the Forum would also sensitise people on the importance of a constitution that promotes an electoral system that ensures that the winning President enjoyed popular support from the electorate, thus enhancing transparency and accountability among other attributes.
“Our advocacy will seek to empower the Zambian people with information on their rights in terms of developing and approving a new constitution and ensure that the voice of the people is heard loudly by all those in authority at whatever level,” he stated.
Bishop Mususu stated that while the Oasis Forum’s position on the NCC remained unchanged, it was a decision based on careful consideration, analysis, strong principles and values.
Labels: OASIS FORUM
Read more...
Mulongoti's caliber
By F. Mukwala
Thursday October 04, 2007 [04:00]
I want to comment on the calibre of some of our ministers. For heaven's sake, doesn't President Mwanawasa get embarrassed by the low calibre and petty cadre mentality exhibited by ministers like Mike Mulongoti?
The man is a disgrace each time he opens his mouth and it seems the appointing authority takes no notice.
Why allow important national policy statements to be coming from a man who does not seem to have analytical skills.
Mr President (or is it Dr now), please save the dignity of this nation and give us a sober-minded person to speak to us who, despite being partisan, can generate challenging brain-storming analysis.
http://www.postzambia.com/post-read_article.php?articleId=32283
More light on federalism
By Kaliza,Unza student
Thursday October 04, 2007 [04:00]
I refer to the article in The Post of September 29 on the subject of federalism which David wrote.
I want to make some clarifications on what the federal type of government is and what a unitary state of government is.
A unitary government is a system of government where a nation is governened as a single entity. In a unitary state, there is one cabinet, one military command, one judiciary, one legislature, one currency, and one central administration.
In a unitary state, sovereignty is not shared among individual provinces or states. Furthermore, there is one constitution.
A federal system, however, is a form of govermenment where different states come together - like in the USA and Nigeria.
In a federal state of government, sovereignty is shared. Individual states have powers to make laws that govern them. For example in the USA, some states have got laws that allow gay marriages whereas others do not.
In Nigeria, the state of Kano has got sharia law that carries a death penalty on an individual caught in adultery, whereas other states do not have such a law.
The disadvantage of a federal system of government is that it is more expensive to run than a unitary one.
Furthermore, in a federal system, there are more chances of individual states seceding from the federal system because of their sovereignty.
This happened in the US where some states seceded from the federal system. In a unitary system, secession is unlikely because the country is being governed as a single unity and also because of having one military command.
I thought of sharing my little knowledge on this issue to supplement David's article.
http://www.postzambia.com/post-read_article.php?articleId=32287
KK, Chiluba and the Constitution
By Chomba Lukonde
Thursday October 04, 2007 [04:00]
The Oasis Forum comprises men and women who are intelligent. They say in the abundance of water, only a fool is thirsty.
The Oasis Forum knows too well that the former presidents' advice will not be biased because they are not in government anymore, and therefore will be in a position to exercise impartiality in their approach to issues regarding the Constitution.
Kaunda and Chiluba have been in power before and they know that power intoxicates people more than alcohol, and is more adictive than drugs. Notwithstanding, the current court cases between Chiluba and the government, the Oasis Forum would have sieved Chiluba's advice to suit their requirement.
Fellow Zambians please understand that it is actually very difficult to trust people in government.
George Kunda and his boss should therefore re-consider their stance regarding the NCC road map because going ahead will not only be costly but retrogressive. We do not want another party that forms government to start re-visiting the constitution.
Labels: FEDERALISM, MIKE MULONGOTI, OASIS FORUM
Read more...
Oasis explains Chiluba invitation
By Brighton Phiri
Tuesday September 25, 2007 [04:00]
IT is not possible for the Oasis Forum to form an alliance with former president Frederick Chiluba, Oasis Forum spokesperson Bishop Paul Mususu said yesterday. And Zambia Episcopal Conference (ZEC) general secretary Father Joe Komakoma said the government-driven constitution review process had failed to unite the nation. Speaking during the Oasis Forum press briefing held at Lusaka's Kapingila House, Bishop Mususu explained that it was not the Oasis Forum's intention to engage Chiluba as an individual but as former president's office over issues of national interest.
"When we were planning for the consultative conference, we thought of inviting all the stakeholders, including offices of the former presidents, hence our extending the invitation to Dr Kaunda and Chiluba," Bishop Mususu said. "The fact that Dr Chiluba did not attend the conference, it is good riddance...we cannot see ourselves working in an alliance with Dr. Chiluba. After all, we stopped him from going for a third term."
He said Oasis Forum was at a loss as to how Chiluba had become a factor in their work. Bishop Mususu said the whole issue of inviting Chiluba had been taken out of context.
"Of the two former presidents, none of them turned up. For us, the matter ended there. How then does that translate into an alliance?" he asked.
However, Bishop Mususu said as the Church, they could not avoid meeting Chiluba because in their prophetic duties they were obliged to meet and pray for their enemies.
"We may have some differences with Dr. Chiluba but as the Church, we are duty-bound to meet him as the Bible commands us to pray for our enemies," Bishop Mususu said.
And addressing the press on behalf of the Oasis Forum, Fr Komakoma said the National Constitution Conference (NCC) Act had short-changed the constitution-making process.
"We deplore the supersonic speed with which the NCC Bill was handled from its tabling in Parliament and the subsequent assent by the President to sign into law," Fr Komakoma said.
"There was no time for the nation to publicly debate the Bill in detail. We feel the speed was deliberate by government in order to circumvent the people's role in the process."
Fr Komakoma said the Oasis Forum was concerned with Article 3 of the NCC Act, because it showed that there was a clear fundamental departure from the people's demand for a new constitution.
He said the NCC was established not to adopt a new constitution as demanded by the people through the Mung'omba Constitution Review Commission (CRC), but to alter the current constitution.
"The Mung'omba CRC had listened to the people and recommended repealing and replacing the current Constitution which everyone including President Mwanawasa considered as deeply flawed, oppressive and suffocating. Mere amendments have not helped us before," he said.
Fr Komakoma said the NCC composition left much to be desired because out of a possible 502 members, 279 (or 56 per cent) were politicians while the civil society were allocated 79 seats (or 15.7 per cent).
He said it was clear from the NCC Act that representation was not equitable.
"Given the dominance of numbers we have pointed out, we feel it opens doors for the political establishment to tamper with those provisions in the draft constitution that they do not favour even though the nation has already reached a consensus on them," he said.
"This is possible since in Article 13, subsection (3) the NCC has been given powers to vary, confirm, add or remove any provision of the draft constitution and strengthened by Article 17, subsection (7), which says decisions in the NCC not unanimously agreed will be settled by voting. Definitely the group with the numbers will carry the day."
Fr Komakoma said the Oasis Forum did not see why President Mwanawasa had been given power to dissolve the conference if he deemed that the conference was conducting itself in a manner that adversely affected the adoption process and extend the duration of the conference for as long as he deemed fit.
"After looking at these factors, and given that our sustained lobbying for a people driven constitution fell on the deaf ears, it becomes untenable for us to participate in the NCC. Agreeing to take up seats in this conference would mean endorsing and legitimising a process that has clearly departed from the people's wishes to repeal and replace the current constitution," he said.
"For the sake of posterity, we have decided to continue being engaged with the constitution review process by, on one hand, putting pressure on the NCC from outside to make the participants know that we shall hold them account for the outcome of the conference.
On the other hand, we shall continue our advocacy to raise awareness among the people on how the NCC will or will not take into account their demands."
Women for Change executive director Emily Sikazwe said it was unfortunate that President Mwanawasa declared that he would not change his position even if the civil society walked naked.
"Statements such as 'even if you walk naked, I will not change my position' should not come from the President," she said.
Sikazwe urged President Mwanawasa to embrace dialogue over the constitution-making process.
"For President Mwanawasa to close doors to dialogue, one wonders what type of the constitution he wants to give the people," she said.
Council of Churches in Zambia (CCZ) general secretary Reverend Suzanne Matale said it was important for Zambians to remember that the people were supreme over government.
"The government does not own the people...this big notion that the government has powers to do what they want must be changed," she said.
Rev Matale said the Church would not be part to any process that did not give relief to the ordinary poor people.
"We want to be part to a process that will take into account the plight of the voiceless, poor, marginalised and other interest groups. This time around we do not want to take chances," she said.
Non-Governmental Organisations Co-ordinating Council (NGOCC) executive director Ngwase Mwale said it was sad that President Mwanawasa's pronouncements did not bring to the fore the people's aspirations.
"Our position still stands that we shall not attend the NCC...we want a constitution that embraces everyone," she said. "We demand a constitution that will include social and economic rights."
In his solidarity message to the Oasis Forum, Rescue International for Human Rights and Freedoms executive director Victor Chilekwa said his organisation was totally against rushing the constitution-making process amidst contentious issues.
"It would be unfair to our beloved nation for the process to go on without key stakeholders like the ever-green Oasis Forum," read Chilekwa's message in part.
Chilekwa urged President Mwanawasa to listen to the Church and other civil society organisations so that the process was scrutinised further in the interest of national consensus.
"We expect an unquestionable virtue of magnanimity in the whole process," Chilekwa stated.
"If there shall be a repeat of the 1996 constitution saga, then, God forbid, it would be deliberate wastage of funds and other resources and we should consider it as a careless plunder of the country's resources."
Labels: OASIS FORUM, ZEC
Read more...
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...
Oasis Forum's new consultants
By Editor
Thursday September 13, 2007 [04:00]
It is very important to be careful in the choice of the company we keep. We feel it is poor judgement on the part of the Oasis Forum to invite former president Frederick Chiluba to attend their consultative conference. Chiluba's record on the constitution is scandalous. We shouldn't forget that the many differences we have today with Levy Mwanawasa and his government over the constitution review process are nothing compared to what we had in 1996 with Chiluba.
The constitution we are trying to review or replace today is a product of Chiluba. When he was president of the Republic of Zambia, Chiluba appointed a constitution review commission headed by John Mwanakatwe.
The Mwanakatwe Commission produced a report containing very good recommendations on the constitution review, but Chiluba threw out most of the recommendations and came up with his own positions which he turned into the supreme law of this country. What we have today in this country is a Chiluba constitution. Chiluba didn't want to listen to anyone, including Nelson Mandela, on this constitution.
And Chiluba went beyond the constitution and enacted many other bad laws which took away or affected in a very negative way the liberties of our people. Some of these laws are today hounding Chiluba and his friends.
Surely, any sensible person, any independent-minded person will realise that Chiluba is not fit to be part of the Oasis Forum decision-making processes. Yes, Chiluba may have good things to say about our current constitution review process and he should be allowed to say them.
But an Oasis Forum platform is not the best place for him to say what he may want to say. There are many other avenues he can use to be heard on this score. The Oasis Forum is simply undermining itself, it is reducing its standing and independence in the eyes of our people. There is no doubt the battle lines on the constitution review process are almost drawn.
On the one side is Levy and his minions, including some opposition politicians he has manipulated, on the other it is the Oasis Forum and its partners and supporters. This, however, does not necessarily mean that whoever is opposed to Levy should automatically be part or be an ally of the Oasis Forum. Chiluba has problems with Levy. But their differences are certainly not over the constitution. They are over his prosecution for corruption.
And the Oasis Forum should not be seen to be simply an anti-Mwanawasa coalition. We shouldn't forget that it was Chiluba's bad behaviour, arrogance, lack of humility, selfishness and short-sightedness that gave rise to the need for our people to congregate and form the Oasis Forum. And because Chiluba's anointed successor, Levy, in some respects has maintained some of the attitudes and practices of his initial sponsor, the Oasis Forum has continued to be relevant to this very day.
By saying this, we are not preaching hatred against Chiluba. What we are merely saying is that each person has his friends, has the right to choose who he wants to associate with. And people are often judged by the company they keep, by the type of people who support them. The Oasis Forum is not short of men and women of good record to consult.
Chiluba certainly knows something about constitution making because he made one, he is the father of our current constitution - he sired this constitution that we today want to do away with, to replace. By saying all this, we are not trying to run away from the responsibilities of the present and blame everything on the past. We can't do that because we know that blaming things on the past does not make them better.
But when we know the past we can ensure that it is not repeated. And we know what Chiluba did with the 1996 constitution review: he behaved in the most treacherous way, in the most undemocratic way, in the most crooked and selfish way to give the nation a constitution that served nothing other than his own personal interests.
Moreover, it is the dictate of history to bring to the fore the kind of leaders who seize the moment, who cohere the wishes and aspirations of the people and not people whose main discernible preoccupation had been to dribble, cheat and rob the people not only of their rights but also of their resources. The purpose of our going back into this short history is not to deride human action, nor weep over it or to hate it, but to understand it - and then to learn from it as we contemplate our future.
Chiluba has his own problems with Levy but that should not be part of the agenda of the Oasis Forum. The Oasis Forum is not a platform for crooks; it is a platform for the legitimate causes of our people and should remain that way. It should not be turned into a motley assortment of contradictory characters whose only visible similarity is their opposition to Levy.
It is becoming increasingly clear to us that the Oasis Forum is becoming an omnibus for all who are not happy with Levy for one reason or another. And plunderers of all hues, having lost their political platforms, are turning more and more to the Oasis Forum. Yes, the Oasis Forum needs the support of as many people as possible. But certainly not these crooks of the Chiluba type.
Members of the Oasis Forum shouldn't forget so quickly the battles they had with Chiluba in 2001 when he single-handedly wanted to amend his constitution and give himself additional years in office. Today, such a man should be part of our people's efforts to give themselves a constitution driven by no one other than themselves! We have supported the Oasis Forum literally on everything but we will not do so on this one.
Their failure to recognise the evils of this little devil sadden us. There is no meaningful, credible and dignified consultation the Oasis Forum can have with this devil of devils, especially over the constitution. Maybe we have misunderstood what the Oasis Forum wants; maybe they want to consult Chiluba on how effectively the people can be betrayed!
Labels: CONSTITUTION, EDITORIAL, OASIS FORUM
Read more...
Oasis pulls out of NCC
By Brighton Phiri
Wednesday September 12, 2007 [04:00]
THE Oasis Forum has adopted the Non-Governmental Organisations Co-ordinating Council's (NGOCC) position to stay away from the National Constitutional Conference (NCC) which is being spearheaded by the government. And Transparency International Zambia (TIZ) president Reuben Lifuka said the option of staying away from the constitution-making process was on theOasis Forum's table.
According to some senior members of the Oasis Forum, the three church mother bodies; Zambia Episcopal Conference (ZEC), Christian Council of Zambia (CCZ) and Evangelical Fellowship of Zambia had resolved to stay away from the constitution-making process because they felt deceived by the enactment of the NCC Bill.
"We are waiting to hear from our colleagues in Law Association of Zambia and some of the consultative group members. As for the Church it is clear that they will stay away to avoid legitimising the process," said one of the sources.
"It is very clear from the NCC Act that the process has been hijacked by the politicians. We stand the risk of being used by politicians to legitimise the process if we attend the NCC."
According to one source, some key Oasis Forum members were expected to announce their adoption of NGOCC's position of staying away from the constitution making process during the stakeholders' conference scheduled for Lusaka's Mulungushi International Conference Centre tomorrow.
"The numbers as outlined in the NCC Bill does not instill confidence in the minds of serious stakeholders...the composition has abrogated the demand that no interest group should have built in majority...in this case MMD has a built in majority under the NCC bill," said the source.
According to the source, the concerned Oasis Forum members felt that it was risky for them to attend the government sponsored NCC because they could easily be defeated by the majority MMD sympathisers.
"It is better to lobby this constitutional conference from outside so that the people's interest is safeguarded. People have the democratic right to participate or not in any process. And it is our democratic right to participate from outside," said the source.
The Oasis Forum has called for a stakeholders' consultative meeting, where they would review their participation in the constitution making process.
And Lifuka said all Oasis Forum member organisations were consulting amongst their membership and were expected to announce their resolutions during the stakeholders' conference tomorrow.
"As TIZ, we are having our consultative meeting today (yesterday) to decide on the matter," Lifuka said.
"Otherwise the option of pulling out of the constitution-making process is still lying on the Oasis Forum's table."
He explained that the Oasis Forum members would discuss the NCC Act and assess whether it would deliver a people-driven constitution.
"We will discuss the issue of the composition. We are worried that with MMD enjoying built in majority, we will not discuss the content of the constitution in a free and fair manner because of the arrogance of numbers," he said.
Lifuka said one of the questions to be addressed would be whether the Oasis Forum should go into the NCC to legitimise the process. He said the Oasis Forum had invited some students' unions, labour leaders and political parties to attend its organised consultative conference in order to reach a consensus on the matter.
Labels: NCC, NGOCC, OASIS FORUM
Read more...
Oasis Forum calls for consultation on constitutional conference
By Masuzyo Chakwe
Monday September 10, 2007 [04:00]
THE Oasis Forum has resolved that each member organisation consults with its members on whether they will participate in the national constitutional conference. NGOCC board chairperson Marian Munyinda said the Forum decided that each organisation must consult its members and decided on their individual positions. She said they had their own meeting where they resolved not to participate in the conference.
Munyinda said the Oasis Forum would in due course hold a joint press conference where they would state their position.
Chief government spokesperson Mike Mulongoti on Sunday advised NGOCC to rescind its decision to boycott debates of the NCC and ensure its membership's concern are included for consideration.
Mulongoti said it was wrong and unfortunate for NGOCC to boycott the debate.
He however said it was a democratic right to boycott and if NGOCC felt comfortable with the decision, the government would not push for it to participate.
Efforts to get a comment from other members proved futile by press time.
NGOCC membership last week resolved not to take part in the constitutional conference.
During a civil society meeting to discuss and review its position on the current Constitutional Review Process in Zambia, Munyinda said the membership decided not to take part in the constitutional conference because the undertaking would be confined to the government-controlled road map.
Labels: CONSTITUTIONAL CONFERENCE, NGOCC, OASIS FORUM
Read more...
Stand-off worries KK
By Brighton Phiri and Nomusa Michelo
Monday August 20, 2007 [04:00]
DR Kenneth Kaunda has said the stand-off between the government and the civil society over the constitution-making process is extremely worrying and that he intends to meet government leaders over the same. And Federation of Free Trade Unions in Zambia (FFTUZ) president Joyce Nonde has called for the immediate withdrawal of the National Constitu-tional Conference (NCC) bill from Parliament.
Commenting on the Oasis Forum's demand for the government to withdraw the constitutional conference bill from the National Assembly, Dr Kaunda disclosed yesterday that he intends to meet government at various levels to discuss the matter before going public.
"The situation is extremely worrying. I am leaving for South Africa, but before I leave I intend to make an appointment with government," Dr Kaunda said.
"I feel I should first discuss the matter with government before issuing any statement on the matter."
And Nonde said the labour movement had never accepted nor supported the NCC bill.
"We have not accepted that bill. We demand that it should be immediately withdrawn from Parliament to allow for wider consultation. Why are they doing things in a hurry?" Nonde asked.
"That bill needs to be understood by all people and it should be translated into local languages so that people understand what is going to be enacted. How can we even debate content because we have not accepted it? If we start debating, it means that we have accepted."
Nonde said it was important for government leaders to stick to their promises and give the people of Zambia what they want.
She said if the meaning of a constitutional conference and a constituent assembly were the same, then the government should stick to the term which people are familiar with.
"People in rural area are familiar with a constituent assembly. When we start to change the name, we confuse people. Zambians must rise and stop this behaviour of today. We should handle the constitution once and for all," she advised.
Nonde further called on the Oasis Forum to revise their strategy and start to put pressure on the government.
"We have the capacity to put pressure on government to go our way. I am calling on Oasis Forum to revise their strategy so that we move forward," Nonde said.
Last week, the Oasis Forum demanded the withdrawal of the NCC bill from Parliament in order to allow further consultations before it is passed into law.
The Forum further called for the resignation of justice minister George Kunda for allegedly failing to advise President Mwanawasa adequately on the constitution-making process.
Oasis Forum convener Reverend Suzanne Matale said from the way the government was bulldozing the NCC bill, it was apparent that it would be passed into law before the current session of Parliament adjourns sine die.
She said the NCC bill, which has been formulated on the basis of the Zambia Centre for Inter-party Dialogue (ZCID) road map, advocated piece-meal amendments of the Constitution and reserved the right of Parliament to debate and amend the recommendations of the constitution conference.
Rev Matale said the NCC bill was retrogressive by limiting the entire constitutional conference to merely making recommendations to the Minister of Justice.
She said the process was too important to be left to the whims of the Minister of Justice and the President to the extent that the bill grants the President carte blanche powers to dissolve the constitutional conference.
Rev Matale said the constitution should be adopted through a broadly representative body followed by a referendum with enactment by Parliament.
Labels: CONSTITUTIONAL CONFERENCE, FFTUZ, JOYCE NONDE, KENNETH KAUNDA, NCC, OASIS FORUM
Read more...
Oasis Forum calls for Kunda's resignation
By Noel Sichalwe
Thursday August 16, 2007 [04:00]
THE Oasis Forum has called for the resignation of justice minister George Kunda for allegedly failing to advise President Mwanawasa adequately on the constitution-making process. The Oasis Forum has also demanded the withdrawal of the National Constitutional Conference (NCC) Bill from Parliament in order to allow further consultations before it is passed into law.
Addressing the press yesterday, Oasis Forum convener Reverend Suzanne Matale said should Kunda refuse to resign, President Mwanawasa should relieve him of his duties immediately. Rev Matale said the current constitutional tension Zambia was experiencing was enough evidence that Kunda had failed to advise President Mwanawasa adequately on the matter.
"We therefore demand for the immediate resignation of honourable George Kunda," Rev Matale said.
"Honourable Kunda has in fact been a major stumbling block in the process of constitution-making. Our hope is that his removal will precipitate a breath of fresh air in this constitution making process. We therefore call upon all Zambians to demand the resignation of the Minister of Justice and to call him to account for his conduct in this process."
"Should we not receive favourable response from the President to our demands then we will be compelled to reconsider our position in the constitution making process with a view to withdrawing from further engagement with the government in this process and shall consider commencing a parallel process of interfacing with the people at grass roots level."
Rev Matale further said from the way the government was bull dozing the NCC bill, it was apparent that it would be passed into law before the current session of Parliament adjourns sine die.
She said the NCC bill which has been formulated on the basis of the Zambia Centre for Inter-party Dialogue (ZCID) road map, advocated piece meal amendments of the constitution and reserved the right of Parliament to debate and amend the recommendations of the constitution conference.
Rev Matale said the NCC Bill was retrogressive by limiting the entire constitution conference to merely making recommendations to the Minister of Justice.
"We want to put it on record today that we oppose the National Constitutional Conference bill and if no major adjustments to it are made, we demand that this Bill be withdrawn from Parliament immediately," Rev Matale said. "We cannot surely have such an important process being left to the whim of the Minister of Justice and the President to the extent that the bill grants the President carte blanche powers to dissolve the constitutional conference."
She said the constitution should be adopted through a broadly representative body followed by a referendum with enactment by Parliament. She called on all Zambians to continue campaigning for a constitution that would stand the test of time. Rev Matale said the composition of the constitutional conference was highly slanted towards government or those sympathising with its position on the constitution.
She also noted that the NGO bill, which has been deferred, was highly undemocratic and tyrannical because it was introduced in Parliament without much consultation. Rev Matale said the NGO bill had the capacity to trigger a mass pull out of progressive NGOs and as a potent weapon for government to check those speaking strongly on governance issues.
She further said it was sad that SADC did not have a platform for non-state actors to air their grievances. She said this was retrogressive and had the capacity to encourage impunity of the leaders of member states. Rev Matale said SADC should discuss obstacles being faced in Zambia's constitution-making process and encourage President Mwanawasa to show leadership and humility.
She hoped that President Mwanawasa would reconsider his position on the constitution now that he was taking the chairmanship of SADC.
Rev Matale further condemned the worsening human rights situation in Zimbabwe and opposed the repression of the church, media and opposition politicians.
"We have decided to very clearly state our position on the Zimbabwean question because we know that repression in Zimbabwe today is potential repression in Zambia tomorrow," said Rev Matale.
Labels: GEORGE KUNDA, OASIS FORUM
Read more...
Support Levy's call for dialogue - Gen Tembo
By Brighton Phiri and Noel Sichalwe
Saturday August 11, 2007 [04:00]
Zambians should respond positively to President Levy Mwanawasa's call for dialogue, former FDD president Lt Gen Christon Tembo urged yesterday. And the Oasis Forum has petitioned the SADC heads of state to intervene in Zambia's current constitutional crisis to prevent the matter degenerating into anarchy and chaos, ahead of next week's summit.
Commenting on President Mwanawasa's call for dialogue on the constitution making process, Lt Gen Tembo said the President's position must be supported with the seriousness it deserves.
"If President Mwanawasa is calling for dialogue in good faith, it is a good thing for the country. He should be commended because there must be genuine desire for genuine dialogue of the country has to get rid of the current tension among citizens," he said.
Lt Gen Tembo said with a positive response to President Mwanawasa's call for dialogue, the acrimony and tension will disappear amongst stakeholders on the constitution making process.
"I urge all Zambians to support this call. We should not always criticise each other, even when someone means well. If Mwanawasa means what he is saying, let us all support him so that we can realise our desire for a people driven constitution."
Ptresident Mwanawasa on Thursday called for dialogue to afford people a forum for expressing and responding to specific issues of concerns on the constitution making process. He was speaking in Malaysia after attending the 8th Langkawi International Dialogue which he said emphasised on dialogue as an effective tool for addressing various challenges within and among nations.
And according to a petition signed by the Oasis Forum and the Collaborative Group on the Constitution (CGC) comprising of 13 civil society organizations, the Oasis stated that the summit should impress upon President Mwanawasa to commit himself and his government to do the people's will in the constitution making process in Zambia.
"That SADC form a special mission to intervene in the current constitution crisis in Zambia to prevent the matter degenerating into anarchy and chaos," the petition read in part. "That your summit recognizes the importance and need for President Levy Patrick Mwanawasa to first show leadership and humility over the constitutional making process in Zambia before he seeks to exercise similar moral authority in the constitutional issues of other member states."
The Oasis stated that the chairmanship of SADC which President Mwanawasa was going to assume carried important responsibilities that required the incumbent chairperson to exercise leadership in government first in the host country before extending the leadership to other nations. They noted that the civil society in Zambia wished to petition the SADC heads of state during the summit on important matters affecting the democratic governance in Zambia.
The Oasis stated that President Mwanawasa had appointed the Mung'omba Constitutional Review Commission (CRC) in February 2003 following a public outcry for a new constitution which should be people driven. They stated that pursuant to the term of reference number 22 of the Mung'omba CRC, the CRC was mandated to recommend the mode of adoption of the Zambian constitution.
The Oasis noted that in several addresses to the nation and statements, President Mwanawasa promised to abide by the CRC recommendations on the contentious mode of adopting the constitution. They observed that even the ruling MMD in its submission to the CRC dated September 24, 2004 also undertook to abide by the recommendations of the CRC on the mode of adoption of the constitution.
The Oasis indicated that the CRC toured all the 150 constituencies and visited other countries within the region and in Europe to conduct comparative studies. They stated that the CRC further engaged local and international experts to render advice on the mode of adopting the new constitution.
"The Mung'omba Constitution Review Commission was appointed against the backdrop of opposition from the Oasis Forum," the petition further read. "The Oasis Forum objected to the appointment of the Mung'omba Constitution Review Commission and refused to nominate representatives to sit on the Commission because the committee was appointed under the Inquiries Act and section five of that said Act renders all the work of the Constitution Review Commission a mere recommendation which previous presidents in the Republic of Zambia have refused to act upon."
The petition stated that on the basis of President Mwanawasa's pleas to trust him, the Oasis Forum members submitted to the CRC in protest. The petition also stated that in its final report to President Mwanawasa, the CRC submitted that a new constitution should be adopted through a constituent assembly followed by a national referendum and that Parliament should enact a constitution.
"President Mwanawasa and his government have now recanted their earlier repeated assurances to abide by the recommendations of the Mung'omba Constitution Review Commission and have now introduced a bill called the National Constitutional Conference Bill which is intended to be passed into law within the month of August before the Zambian Parliament adjourns sine die," the petition stated.
The Oasis noted that the provisions of National Constitutional Conference (NCC) Bill placed control of the Constitutional Conference in the President and the Minister of Justice to the extent that under sections two and 13(2) of the Bill, the adoption process was envisaged as ending with a mere recommendation to the Minister of Justice.
They stated this situation flew in the teeth of international constitutional making norm.
"The experience of progressive governments in the region who have successfully held their constituent assemblies or constitutional conferences needs to be shared with your brother the President of the Republic of Zambia," stated the petition.
Labels: CHRISTON TEMBO, OASIS FORUM
Read more...
Let’s learn from the Oasis Forum’s example
By Editor
Friday August 10, 2007 [04:00]
We welcome the decision by the Oasis Forum and the Collaborative Group on the Constitution (CGC) to postpone their planned demonstration during the Southern Africa Development Community (SADC) heads of state meeting in Lusaka next week.
This is an important meeting from which nothing should be subtracted. This is not to say the constitution-review process in this country is not a very important issue. It is. But we have a lot of other avenues in which to express ourselves on this score.
And that being the case, there is no need for us to carry out demonstrations whose net effect would be to reduce our focus on regional integration and other problems facing our region.
This is not in any way to say those who wanted to carry out demonstrations have no legal or moral right to do so. They have every right, legal, moral or otherwise, to do so. But sometimes one can act imprudently in pursuit of one’s legitimate rights or entitlements. It is possible for one to stick to principles but at the same time act unwisely and in a manner that may be detrimental to his or her own broader interests.
But while we welcome the decision by the Oasis Forum and the CGC to postpone their demonstrations, we feel the police did not deal with this matter in the right way. It was not proper for the police to take away the legal right of citizens to demonstrate without their consent. The reasons being advanced by the police for stopping the demonstration demonstrate a lack of respect for the rights of citizens and a total disregard for the law. The law, as it stands today under the public order Act, doesn’t require the police to give anyone permission to demonstrate. All that the law requires is for the person intending to demonstrate to notify the police. That is all. This means that if the police have a policing problem arising from a shortage of manpower or other factors, they will need to plead with that person or group and reach some understanding.
But what we see is arrogance, with the police thinking they have got the power to determine when and when not one can demonstrate. It is time we all moved away from arrogance and lack of respect for the rights of others. Humility and compassion is needed in very big doses if we are to maintain the peace we so much talk about.
We cannot play around with our citizens’ fundamental rights, especially the freedom of speech and expression which is the lifeblood of any democracy. To assemble and protest, to ensure justice for all – these all rely upon the unrestricted freedom of expression. Democracy is communication: People talking to one another about their common problems and forging a common destiny. Before people can govern themselves, they must be free to express themselves. Citizens in a democracy live with the conviction that through the open exchange of ideas and opinions, truth will eventually win out over falsehood, the values of others will be better understood, areas of compromise more clearly defined, and the path for progress opened. The greater the volume of such exchanges, the better.
And we should never forget that democracies rest upon the principle that the government exists to serve the people; the people do not exist to serve the government. In other words, the people are citizens of the democratic state, not its subjects. While the state protects the rights of citizens, in return, the citizens give the state their loyalty. Under an authoritarian system, on the other hand, the state, as an entity separate from the society, demands loyalty as service from its people without any reciprocal obligation to secure their consent for its actions,
The essence of democratic action is the active, freely chosen participation of its citizens in the public life of their community and nation. Without this broad, sustaining participation, democracy will begin to wither and become the preserve of a small, select number of groups and organisations. But with the active engagement of individuals across the spectrum of society, democracies can weather the inevitable economic and political storms that sweep over every society, without sacrificing the freedoms and rights that they are sworn to uphold.
A healthy democracy depends upon the continuing, informed participation of the broad range of its citizens. In short we can say democracy is a process, a way of living and working together. It is evolutionary, not static. It requires co-operation, compromise and tolerance among our citizens. Making it work is hard, not easy. Freedom means responsibility, not freedom from responsibility. Democracy embodies ideals of freedom and self-expression, but it is also clear-hide about human nature. It does not demand that citizens be universally virtuous, only that they will be responsible.
As theologian Reinhold Niebuhr said: “Man’s capacity for justice makes democracy possible, but man’s inclination to injustice makes democracy necessary.”
Government protects inalienable rights, such as freedom of expression or of assembly or protest, through restraint, by limiting their own actions. Every state must have power to maintain order, but the rules and procedures by which it does that must not be arbitrary or subject to political manipulation by the state.
The decision by the Oasis Forum and the CGC demonstrate a high level of political maturity and a spirit of tolerance and compromise. We wish other groups could emulate that. Yes, we want peace in our country but we shouldn’t forget that peace is a fruit of honesty, truth and solidarity. Peace cannot be reduced to the mere absence of conflict; it is the tranquillity of order. And to guarantee peace in our country, all are called to maturity, tolerance and responsibility. Peace is for us both a gift and a project, and something that we must work to obtain. If peace is to be established permanently in our country, the primary requisite is to eradicate the cause of dissention between people. And the actions that lead to peace must be concrete and visible actions where the government has to show the way.
Peace requires that all parties respect each other and that all, in turn, recognise and respect the government as a legal institution. An authority is needed to guide the energies of all towards the common good and the government is the instrument by which people co-operate together in order to achieve the common good.
Labels: EDITORIAL, OASIS FORUM, SADC
Read more...
Police deny Oasis demonstration permit
By Noel Sichalwe and Masuzyo Chakwe
Thursday August 09, 2007 [04:01]
POLICE in Lusaka has denied Oasis Forum and the Collaborative Group on the Constitution (CGC) permission to demonstrate over the constitution making process during next week's SADC heads of state summit in Lusaka.
Acting Lusaka division police commanding officer Kedrick Zombe has informed Oasis Forum that he had a shortage of officers to monitor the demonstration. Zombe has since proposed July 21, 2007 as an alternative day for the Oasis to hold the demonstration.
But Oasis Forum spokesperson Musa Mwenye yesterday said he sympathised with the police officers because they were acting under political pressure. Mwenye said Oasis Forum and CGC members were all law abiding citizens. He said he was happy that the police have finally given a response, unlike the ministers that were making political statements on the planned demonstrations.
"I don't know how genuine the police are in this response but I sympathise with them because they are acting under political pressure," he said.
He said demonstrations on August 21, could not be possible because that would be after the SADC summit which they were targeting. Mwenye said the Oasis Forum and the CGC would have a meeting where they would decide the way forward.
The Oasis Forum and CGC have planned a demonstration during the SADC heads of state summit to urge other regional leaders to help Zambia resolve the constitutional problem.
Last month, home affairs minister Lieutenant General Ronnie Shikapwasha said the Oasis Forum should leave the SADC heads of state alone. Foreign affairs minister Mundia Sikatana also said the constitution-making process was an internal issue that should be left to the Zambians.
Later chief government spokesperson Mike Mulongoti said the Oasis Forum and CGC were free to picket SADC heads of state, as long as they would abide by the law.
But justice minister George Kunda on Sunday said the Oasis Forum's planned demonstrations were unnecessary at present as the government was putting in place the National Constitutional Conference Bill to adopt the new constitution.
He said proponents and organisers of demonstrations, chaos and strikes would be held responsible for any damage to property, loss of life or lawlessness, which would occur during demonstrations.
Kunda said it was unfortunate that the Oasis Forum and "those bent on derailing the constitutional review process" intended to demonstrate against government during the SADC heads of state summit next week.
Labels: DEMONSTRATION, OASIS FORUM
Read more...
Undesirable but democratic, legal
By Editor
Wednesday August 08, 2007 [04:00]
It is certainly not desirable for the government to be subjected to demonstrations during the Southern Africa Development Community (SADC) heads of state summit in Lusaka. No government would like to find itself in such a situation. Yet it is the way a government reacts to such demonstrations that clearly defines its character, its democratic credentials. Undemocratic governments would not accept or tolerate such demonstrations or any humiliation when hosting such an important gathering.
Few African governments would tolerate such demonstrations. But we see such demonstrations on our television screens in more democratic countries when they are hosting very important international meetings. We saw it in Gleneagles; we recently saw it in Heiligendamm. The British and German governments didn't stop the demonstrators who included not only their nationals but also others from other countries whom they had given visas to come and demonstrate.
If we had our way, we would rather have the disagreements resolved long before next week's meeting so that there are no demonstrations.
But there is nothing undemocratic in the decision by the Oasis Forum to carry out demonstrations during the SADC heads of sate meeting. It may be undesirable but certainly not undemocratic as justice minister George Kunda is trying to allege. And not everything that is undesirable can be said to be unlawful. What the Oasis Forum is trying to do may be undesirable, especially on the part of the government, but it is certainly not unlawful.
There is need for us to realise that human beings possess a variety of sometimes contradictory desires. People want safety, yet relish adventure; they aspire to individual freedom, yet demand social equality.
Democracy is no different, and it is important to recognise that many of these tensions, even paradoxes, are present in every democratic society. A central paradox exists between conflict and consensus. Democracy is in many ways nothing more than a set of rules for managing conflict.
At the same time, this conflict must be managed within certain limits and result in compromises, consensus or other agreements that all sides accept as legitimate. An overemphasis on one side of the equation can threaten the entire undertaking. If groups perceive democracy as nothing more than a forum in which they can press their demands, society can shatter from within. If those running government exert excessive pressure to achieve consensus, stifling the voices of the people, the nation can be crushed from above.
But there's no easy or single solution to this complex problem. What is needed is a lot of tolerance and a lot of balancing acts. This is so because democracy is not a machine that runs by itself once the proper principles and procedures are inserted. Building democracy in our country will therefore require the commitment of all its citizens who accept the inevitability of conflict as well as the necessity for tolerance.
And its important to recognise that many of the conflicts we will face in our efforts and endeavours to build a democratic country will not be between clear-cut "right" and "wrong", but between differing interpretations of democratic rights and social priorities.
These may not be easy questions, and the broad precepts of democracy may only provide guidelines for addressing and analysing these issues. It is for this reason that developing the culture of democracy is very important. Individuals and groups must be willing, at a minimum, to tolerate each other's differences, recognising that the other side has valid rights and a legitimate point of view.
And they should try to meet in a spirit of compromise and seek a specific solution to the problem. Consensus building is the essence of democratic action. We say this because it teaches interest groups to negotiate with others, to compromise and to work within the constitutional system. And by doing so, groups with differences learn how to argue peaceably, how to pursue their goals in a democratic manner and ultimately how to live in a world of diversity.
It is in this spirit that we should approach what appears to be a highly divisive constitution review agenda. As Chairman Mao Tse Tung put it, " let hundred schools of thought contend". Through clash and compromise of ideas, however imperfect, our people will be able to arrive at a constitution-review process that is most acceptable.
There is no need for the government to try to crush the Oasis Forum.
It may be an irritation to those in government, and to some of its leaders, a little prickle but they have every right to do what they are doing and to be what they are or want to be. The best way to deal with conflicts that arise from people's exercise of their democratic rights is through democratic methods; it’s by more and more doses of democracy. If the government is not able to reach some compromise, understanding or accommodation with the Oasis Forum, then the latter have every right to demonstrate or protest the government's approach on the constitution-review issue.
For all its deficiencies, our Constitution still has some democratic credentials because it does protect some fundamental freedoms. In our country, citizens have the right to gather peacefully and protest the policies or actions of their government or of other groups, with demonstrations, marches, petitions, boycotts, strikes and other forms of direct citizens’ action. And these protests or demonstrations are often designed to attract the attention of the news media, of those in government and of the international community. A high-profile meeting like the one we will be hosting next week certainly provides a good opportunity for attracting such attention.
Protests or demonstrations are a testing ground for any democracy. The ideals of free expression and citizen participation are easy to defend when everyone remains polite and in agreement on basic issues. But protestors or demonstrators - and their targets - do not agree on basic issues, and such disagreements may be passionate and angry.
The challenge then is one of balance: To defend the right to freedom of speech and assembly, while maintaining public order and countering attempts at intimidation or violence. To suppress peaceful protest or demonstration in the name of order is to invite repression; to permit uncontrolled violence or protests is to invite anarchy.
Again, there's no magic formula for achieving this balance. In the end, it depends on the commitment of the majority to maintaining the institutions of democracy and the precepts of individual rights. Democratic societies are capable of enduring the bitterest disagreement among its citizens - except for disagreement about the legitimacy of democracy itself. It is in this spirit that we feel we should approach the tension or conflict that is building up in the nation over the constitution-review process.
But still we feel there is a way that the conflict over the constitution-review process can be handled to avoid distracting attention from the other equally important and urgent issues facing our region, the SADC region. Demonstrations during this meeting will definitely be undesirable but certainly democratic and legal. And the only way to deal with something of this nature, something that is undesirable but democratic and legal, is by deploying democratic methods and not repressive or illegal measures.
Labels: EDITORIAL, OASIS FORUM
Read more...
SADC demo will go ahead - Oasis Forum
By Noel Sichalwe
Wednesday August 08, 2007 [04:00]
OASIS Forum spokesperson Musa Mwenye yesterday said the government would not stop the civil society from demonstrating during the SADC heads of state summit in Lusaka next week. Mwenye was commenting on justice minister George Kunda’s statement that it was undemocratic for the Oasis Forum and their supporters to demand that their will prevail over the constitution review process. Mwenye said the demonstration would be conducted within the law and that they had followed the law to the letter.
“We intended to be absolutely peaceful and we have followed the law to the letter,” he said. “We gave our notification to the acting Lusaka commanding officer last week on Monday. We have not received any response up to now and by law they are obliged to at least five days before the planned demonstration which is today (yesterday).”
Mwenye said Oasis Forum and the Collaborative Group on the Constitution (CGC) have not broken any law and wondered why Kunda could threaten them instead of leaving such issues with the Minister of Home Affairs.
“The appropriate authority on these issues is the Lusaka Province acting commanding officer and the Minister of Homes Affairs. The statement by the justice minister is ultra vires of the public order Act unless he can confidently say that he is acting home affairs minister.”
He said Oasis Forum only gave a notification for the planned demonstration for Lusaka Province and that if people on the Copperbelt Province intended to join, the CGC would support them.
Mwenye said he had information that the labour movement and other interest groups were also planning a demonstration on the Copperbelt Province whom they would support.
“The Oasis Forum and the CGC can’t stop the other people from demonstration but they have to do it within the confines of the law,” Mwenye said.
And speaking on a Q-FM Radio programme discussing the constitution, Mwenye said the fact that Kunda was concerned about the planned demonstration was a compliment to Oasis Forum and CGC.
He said the Oasis Forum had organised marshals during the planned demonstration to control people so that the procession would be orderly.
“We are proceeding with the demonstration and nothing will stop us,” Mwenye vowed.
“We know a lot of things will happen but we will continue speaking for the will and aspirations of the people.”
Mwenye also said the National Constitutional Bill (NCC) should be withdrawn because it would not be relevant to the current constitution-review process.
He said some of the politicians in the Zambia Centre for Inter-party Dialogue (ZCID) were responsible for the mess in the 1996 constitution-review process and had no moral right to dictate the exercise.
Kunda on Sunday said the demonstrations were unnecessary then as government was putting in place the NCC to adopt the new constitution.
He stated that proponents and organisers of demonstrations, chaos and strikes would be held responsible for any damage to property, loss of life or lawlessness, which would occur during demonstrations.
Kunda stated that it was unfortunate that the Oasis Forum and “those bent on derailing the constitutional review process” intended to demonstrate against government during the SADC heads of state summit next week.
He stated that the intention of government, the ZCID and other stakeholders was to achieve a comprehensive review of the constitution in a less costly manner.
He said the NCC Bill had been presented to the National Assembly and other stakeholders could make submissions on the provisions of the Bill and make suggestions on how to improve it.
Labels: GEORGE KUNDA, MUSA MWENYE, OASIS FORUM, SADC
Read more...
