How UPND and PF Blocked Last Draft Constitution On Tuesday, 29th March 2011, the Movement for Multiparty Democracy (MMD) government under President Rupiah Banda presented the Constitution of Zambia Bill to Parliament for second reading. The bill was however shot down under dramatic circumstances. Zambians were a few minutes from getting the constitution which had eluded them for so long and which they still continue to chase. Presentation of the constitutional bill to parliament in 2011 was preceded by an inclusive consultative process under the National Constitutional Conference (NCC) which was established under the National Constitutional Conference (NCC) Act No. 19 of 2007. The NCC was a forum established to examine, debate and adopt proposals to alter the constitution as contained in the draft constitution submitted by the Mung’omba Constitutional Review Commission (CRC). The enactment of the NCC Act followed popular recommendations of the people to the Mung’omba CRC that the constitution should be adopted by a Constituent Assembly, a Constitutional Conference or any other popular body that would represent the views of the people. The NCC, which had a membership of 495, drew participation from various interest groups and provinces of Zambia including youth groups, traditional and civic leaders, the business communities and many others. All major political parties participated in the NCC except the Patriotic Front who boycotted and expelled 19 of their members of parliament who decided to take part. During the parliamentary session of 29th March, 2011 which considered the bill, only 93 members of the house, mainly from MMD and the few rebels from PF voted for the bill thereby falling short of the two thirds threshold of 106 which would have enabled the bill to go through. Patriotic Front members of parliament voted against the bill while UPND members abstained. Various news organisations reported this unfortunate event including the Zambian Watchdog and the Lusaka Times. Following the failure of the bill, the 2011 general elections were held under the 1991 constitution as amended in 1996 and so will be the 2015 presidential election. A record of parliamentary debates for the day shows that the PF members that voted against the bill are honourables Esther Banda, Lazarus Chota, Chishimba Kambwili, Jean Kapata, Mwansa Kapeya, Susan Kawandami, Given Lubinda, Mwimba Malama, Maynard Misapa and Yamfwa Mukanga. Others are Christopher Mulenga, Mark Mushili, Geoffrey Mwamba, Mwenya Musenge, Davies Mwila, Guy Scott and Wilbur Simuusa. The record also shows the members that abstained as Godfrey Beene, George Chazangwe, Munji Habeenzu, Emmanuel Hachipuka, Highvie Hamududu, Boyd Hamusonde, Charles Kakoma, and Edward Kasoko. Others are Josephine Limata, Vitalis Mooya, Request Muntanga, Regina Musokotwane, Raphael Muyanda, Bennie Mweemba, Jack Mwiimbu, Garry Nkombo, Brian Ntundu, Jonas Shakafuswa and Douglas Syakalima Following the failure of the Constitution of Zambia bill, the PF promised to enact a new constitution within 90 days of taking over government. However, the PF changed goalposts after elections, charging that they saw no need for a new constitution because there was one already in place. Late President Micheal Sata went as far as mocking Zambians who were pushing for a people driven constitution to show him a constitution which was ‘animal driven’. The defining feature (and major flaw) of our current constitution is that it invests too much power in the executive, so when new presidents are elected, they tend to want to keep the status quo as it allows the best chance of continuing in power. The change of position on the constitution by the PF in government brought about tension and heightened demands for a new constitution among civil society organisations, the church, political parties and ordinary citizens. It is not surprising therefore that the constitution is among the major election issues in the 2015 presidential elections. While Rupiah Banda of the MMD can demonstrate practical commitment towards enactment of a constitution, the ruling PF will find it difficult to convince Zambians about the same given their record over the past three years. The UPND, on their behalf, will have to explain why they abstained and how they can be trusted to deliver the constitution when they failed last time. The current crisis surrounding the constitution issue is a clear product of the disappointing conduct of both the PF and UPND – voters should keep this in mind as they head to the polls this coming January 20. zambiareports/2014/12/13/upnd-pf-blocked-last-draft-constitution/
Posted on: Sun, 14 Dec 2014 04:44:36 +0000
Trending Topics
Recently Viewed Topics
© 2015