First Draft constitution unveiled, Ministers to be appointed from outside parliament, Dual Citizenship included
Committee Chairperson Justice Annel Silungwe
The technical committee drafting the constitution has finally unveiled the long awaited first draft constitution. The committee has also launched the public consultation on the constitution making process and the website.
Speaking during the launch in Lusaka today, Committee Chairperson Justice Annel Silungwe urged Zambians to understand the document. Justice Silungwe said the technical committee has reviewed the reports of the previous constitution review commissions to identify and adopt provisions that are of value to the Zambian people.
He said the draft constitution has incorporated social, economic,cultural,religious and environmental right.
Some of the key point in the draft constitution is the enactment of the day of elections, which shall be the last Thursday of September after 5 years and the elction date shall be a public Holiday. The President shall be sworn in 14 days after the elections results have been declared
Minimum requirement of education for the post of the president is a Grade Twelve certificate or something equivalent. The 50+1 % is also included together with the role of a presidential running mate who will serve as a Vice President. In case of the death of the president, the Vice President will be sworn in as the President of the Republic.
The threshold of nominated members of Parliament has been increased to 21. The President shall appoint Ministers from persons who are not Members of Parliament.
A Minister shall only attend the sittings of the National Assembly where it is necessary for the performance of a particular function specified under this Constitution or any other law or when required to do so by the Speaker, and the Minister shall, while in attendance in the National Assembly, take part in the proceedings of the National Assembly but shall have no vote.
The draft constitution also aims to reduce by-elections which by using a proportional representational system where the party holds the seat in parliament. In case of a vacancy, a seat is re-allocated to the party’s next prefered candidate or the Electoral Commission shall submit to the Speaker the name of the candidate who received the next highest votes in that multi-party
constituency, from the ballot paper used in the previous election.
The draft constitution also provides for decentralisation of power from State organs. The management and administration of the affairs of the State shall be devolved from the national level to the local level while retaining, at the national level, the Executive authority, as provided for under this Constitution.
The basis for the devolution of State functions and responsibilities is to give powers of direct self-governance to the people living in the Provinces and districts of Zambia in order to enhance
their participation in the governance of the State and the making of decisions that affect them.
A citizen shall not lose citizenship by acquiring the citizenship of another country. A citizen who, before the commencement of this Constitution, acquired the citizenship of another country and, as a result, ceased to be a citizen shall be entitled to apply to the Citizenship Board of Zambia to regain that citizenship.
There shall be established, in each Province, a provincial assembly. The Electoral Commission shall facilitate the election to a provincial assembly of representatives.Parliament shall enact legislation to provide for the procedure to be followed by a provincial assembly.
There shall be a provincial speaker and deputy provincial speaker for each provincial assembly both of whom shall be elected by the members of a provincial assembly from amongst themselves.
The declaration of Zambia as a Chritian nation has also been maintained in the Draft Constitution.
The Dual Citizenship clause has also been added to the Draft Constitution. A citizen shall not lose citizenship by acquiring the citizenship of another country. A citizen who, before the commencement of this Constitution, acquired the citizenship of another country and, as a result, ceased to be a citizen shall be entitled to apply to the Citizenship Board of Zambia to regain
that citizenship.
You can download the Full Draft Constitution Below
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A country should have a lasting and abiding constitution with very sparse amendments.
I agree with you #1 Nubian Princess. 100%
Agreed – valid first comment
Nansense, why stating the bloody obverse, just to be the first to comment, get a life iwe ka Nubian Prince atase….
Viva PF on this. Keep it up.
How about Baroste agreement kaili.you were busy in parliament saying Zambia is unitary state.which units merged to form Zambia.Put that in preamble.kaili.you can not erase history.
The decentralization of power from state organs should address the Baroste Agreement. It will grant them the self-rule that they desire.
we have a good document before us… what we now need is to have the masses understand it and the 40 days provided for public comments are NOT enough.
You have started. Time will never be enough. You are Zambian and you know the relaxed manner in which Zambians do things. Even if you give them 365days, they will never read it. You and me can read this document but even us will read it in skipping. what do you expect of the masses. They will just wait for the Post, Lusaka Times, Zambianwatchdog and others to read it for them and mislead them.
Lets hope the point highlighted above will be enacted…looks good at face value. Now lets read the knitty gritties
Okey! First tuyi jobeelyo twingalandapo. Otherwise good job PF.
Great move PF. What has been taking the MMD ages u are doing it in a short time. You already have my vote in 2016 if u continue on this path. Am proud to be Zambian once again. Wow, it’s amazing
\:d/
How about Baroste agreement kaili.Put it in preamble.You said Zambia is a unitary state.which units make up Zambia.you can not erase history
back bencher, its illiterate people like you who cause unnecessary problems just because you can’t read. The Baroste problem is clearly addressed in this draft constitution. Read Part XI, “Provinces and Administration” starting at clause 201. Just sit down and read the damn thing, fu**cker!
the educational requirements for a president is NOT enough please what is grade 12 or equivalent? in the 21st century we need more than grade 12
There are many path ways to learning. just a tip of the ice berg – You learn trades differently, a poor man can be rich while an educated chap can be in low paid job for life – what does it tell you. You can ha an educated ***** but there can be very wise people who have learn little but have great influence because of their wisdom, riches, like your father and mother, I guess. Seating behind desks in not everything!!!!!!
PART II CLAUSE 4 is the best…it takes the B64 to the grave….chapter closed! 1 zambia 1 Nation
like
apa pena mmwalasa ba pf but will king cobra put his pen to paper without alteration thus the question
PART IV CLAUSE 18 & 19 nimbama!!!!
GOOD ONE…GOOD ONE I LIKE IT.THE EDUCATION REQUIREMENTS FOR A PRESIDENT IS ENOUGH….THIS BECAUSE EDUCATION IS NOT WISDOM,BUT IS INTELLIGENT.
So far not bad. I just hope that homosexuals will not use the following to advance their cause, “Protection from discrimination
27. (1) A person has the right not to be discriminated against, directly or indirectly, on any grounds including birth, race, sex…” But how come there’s no mention of BRE? Any comment about citizenship and 1986? Australia has 1986 too for people born before 1986. Thumbs up on dual citizenship and on foreign spouses applying for citizenship.
So far not bad. I just hope that homosexuals will not use the following to advance their cause, “Protection from discrimination
… A person has the right not to be discriminated against, directly or indirectly, on any grounds including birth, race, sex…” But how come there’s no mention of BRE? Any comment about citizenship and 1986? Australia has 1986 too for people born before 1986. Thumbs up on dual citizenship and on foreign spouses applying for citizenship.
So far not bad. I just hope that homosexuals will not use the following to advance their cause, “Protection from discrimination
A person has the right not to be discriminated against, directly or indirectly, on any grounds including birth, race, sex”. But how come there’s no mention of BRE? Any comment about citizenship and 1986? Australia has 1986 too for people born before 1986. Thumbs up on dual citizenship and on foreign spouses applying for citizenship.
So far not bad. I just hope that those who sleep with other men or women will not use the following to advance their cause, “Protection from discrimination
A person has the right not to be discriminated against, directly or indirectly, on any grounds including birth, race, sex”. But how come there’s no mention of BRE? Any comment about citizenship and 1986? Australia has 1986 too for people born before 1986. Thumbs up on dual citizenship and on foreign spouses applying for citizenship.
Dual citizenship ? Way to go.
G12 Certificate??for president??this day and age??c’mon guys.
LT how come I was getting a message that my posting had failed when not? Did you want more people to read what I wrote?
y am I finding it difficult to download the damn document?
coz u r daft i have jst downloaded it
The document looks good at face value.Let pipo make recommendations , the BRE included to safe guard peace and tranquility.
Not bad…we should have done this twenty years ago!!
good job guys now i hope that all loving zambians will add more value to studyn this document so that as a nation we can move forward
Downloaded the document, now I have to browse through…. then examine it with a fine tooth comb later in the evening.
Stop complaining about the G12 Presidential requirement, you graduates you do not need to be protected from a G12. You definitely out pace them if you are pragmatic enough, not with the HH and Situmbeko mentally. These are on only fit to be employed and supervised by the G12 because they not pragmatic enough. Thanks PF for the good draft and eventual good constitution.
I have not seen any clause on the appointment of the Inspector General of Police. I think the IG should not be living in fear of being sacked by the president. That is what leads to selective arrests.
I agree with you.That would be a good move to advance democracy and the fight against corruption.
#23 Cassava Republic: There was no political will to do it; now see what the “dictator” government is doing?; results are shown. He listens, when people complain, he acts. I tell you come 2016; even come the time he leaves office, people will say what a blessing we had in MCS. A grade 2 constable who became a president due to his best strategy. I tell you if people say “yebo” he will sign it. Passion for the land. At his age, why trouble people? Why?
I hope Barotseland activists are reading this:
REPUBLIC OF ZAMBIA AND
SOVEREIGN AUTHORITY OF THE PEOPLE
4. (1) Zambia is a sovereign Republic, consisting of the territory and territorial waters described and delineated in an Act of Parliament. (2) The Republic of Zambia is a free, unitary, INDIVISIBLE, multi-ethnic, multi-cultural, multi-racial, multi-religious and multi-party democratic State.
We have read. Very interesting but this is the constitution for the former-Zambia and former-NR. Good luck! We are drafting our own Barotseland Constitution. In line with your own govt, we will not tell you (Donchi Kubeba) what our constitution says.
Murotse, I think it’s a crime for people like you to continue advocating that which will not be feasible even when the government is doing everything to accommodate you. Please, do not mistake kindness for stupidity. This is a lost cause you are advocating and I pray our President does not fall pray to your tantrums because nga avoma, they will not be western province. We have intermarried and you want a war you cant win. Goodluck and god be with you.
I DOWNLOADED THE WHOLE DOCUMENT AND I TOOK MY TIME JUST TO GET THE CREAM .
WELL,AM HERE TO TELL THE WORLD THAT AM SATISFIED WITH THE WORK DONE.
(its a good document)
AND I MUST SAY,I DID NOT WASTE MY VOTE.
CONGRATS PF AND COMPANY!
Perhaps the police service should be broken up into independent provincial units, with each unit led by an elected police chief. No amount of tinkering with the constitution will help reduce corruption. We need an independent police force, free from political interference.
Very good suggestion. It will easy the pressure that police have from political parties.
We are are on the right path to PROSPERITY. Fecilitations PF! And yet (learned) lawyers late LPM and late GK (MTSRIP) lamentablly (or delberately ) failed to achieve this. but wasted billions of Kwacha. But MCS who was loathed/scorned at as uncouth/uneducated etc HAS DONE IT!. BRAVO PF AND MCS!
A good reading awaits my attention! Great to have a known date for elections…but 14 days after declaration of results for the President to be sown in is abit too long a period without a Nkwize…my opinion…
We cant be funding political parties. It will be a lucrative business for Kaponyas
There has been a train accident with goods train but I am surpprised the media has not picked it up
This is a USELESS document because it does not make me Life President!
Because you are an ash hole.
Thumbs up on dual citizenship and on foreign spouses applying for citizenship.
This is what George Kunda was opposed to when he was in Government. Shame! And people want to praise him when he is dead. I stil call him evil for denying Zambians what they have always sort for. Good riddance!
The dead stay dumb brother. Lets move on.
This is what George Kunda was opposed to when he was in Government. Shame! And people want to praise him after he is dead. I still call him evil for denying Zambians what they have always sort for. Good riddance!
it meant history of agreement of barotseland…now lozi shud cede coz if nt they wil be astonished
A very good document And since they shall be no white paper to doctor it, I have all hopes that it will satisfy the aspiration of most Zambians. If enacted Zambia will score another victory after the chipolopo win of Africa cup. Even in America you do not have to have a chain of “fake degrees” obtained from churches to run for the most powerful president in the world
This is what i was looking for “THE CONSTITUTION OF THE REPUBLIC OF ZAMBIA
PREAMBLE
WE, THE PEOPLE OF ZAMBIA, IN EXERCISE OF OUR CONSTITUENT POWER:
ACKNOWLEDGE the supremacy of God Almighty;
DECLARE the Republic a Christian Nation, but uphold the right of every person to enjoy that
person’s freedom of conscience or religion” That is as it should be.
I will comment on Ban ki-Moon issue when i dig through later!
Good piece of work, I must say.
FINALLY WHAT WE WANTED. WELL DONE !
Good work Gentlemen, No secession, Zambia is indivisible and a christian state. The draft looks good. PF you have done what MMD failed to do in 20 yrs.You have given us what we have been crying about for yrs. Keep it up.
back bencher, its illiterate people like you who cause unnecessary problems just because you can’t read. The Baroste problem is clearly addressed in this draft constitution. Read Part XI, “Provinces and Administration” starting at clause 201. Just sit down and read the damn thing, fu**cker!
First, I am going to study the 272 page document and then comment later but for a start the dual citizenship clause will enhance development for the country … great job on that
“The Dual Citizenship clause has also been added to the Draft Constitution. A citizen shall not lose citizenship by acquiring the citizenship of another country. A citizen who, before the commencement of this Constitution, acquired the citizenship of another country and, as a result, ceased to be a citizen shall be entitled to apply to the Citizenship Board of Zambia to regain that citizenship.”
WE, THE PEOPLE OF ZAMBIA, IN EXERCISE OF OUR CONSTITUENT POWER:
ACKNOWLEDGE the supremacy of God Almighty; DECLARE the Republic a Christian Nation, but uphold the right of every person to enjoy that person’s freedom of conscience or religion; UPHOLD the human rights and fundamental freedoms of every person and recognise the equal worth of different communities in our Nation; COMMIT ourselves to upholding the values of democracy, transparency, accountability and good governance and resolve to exercise our inherent and inviolable right as a people to decide, appoint and proclaim the means and method to govern ourselves; RESOLVE to ensure that all powers of the State are exercised for sustainable development and in our common interest;
“SO FAR, I LIKE WHAT I SEE”
The clause Brave simply entales we can give back more to the country that our forefathers, our grandparents and our parents believed in. I totally agree with the dual citizenship clause because it would have been stupid to request for a visa when going to your country of birth. and imagine how much katundu we wanna send to our brothers and sisters, friends, relative back home.
Coachez:
You got that right … you are the best
Dual Citizenship is a great clause – it will enhance development not only through Zambians but it should include a clause that allows any person from any part of the world to be allowed an investment visa with a path to citizenship if they bring in say $500,000.00 cash with them to Zambia after passing a background check and creating employment for at least five qualified Zambians in their field of investment. Switzerland, Monaco, the USA just to mention a few have similar arrangements. This way you encourage capital in flows that are guaranteed to stay in the country. That needs to be considered in tandem with the citizenship clause.
The draft document is progressive and goes to the heart and soul of the yearnings of our nation. The 40 day consultation and submissions is adequate and we need the approval of this the final document like yesterday. Well done Justice Silungwe. “We Hold These Truths to be aelf evident that all Zambian citizens …………………………….
Very happy with this. Thank you ba PF govt…keep it up!
The devolution of powers or decentralisation measures proposed are feeble and not far-reaching. While the President can appoint provincial ministers or governors, there role should be ceremonial or titular. Instead, we should have Provincial Premiers chosen by the members of the Provincial Assemblies. To cater for the BA64, the role of the provincial minister or head of government in Barotseland Province should be His Royal Highness the Litunga. There should also be Provincial Cabinets or Executive Councils to administer the provinces. This way we shall have separation of powers even in the provinces.
We would do well to read the entire document in depth than just giving off the link Lozi based opinion. The devolution of power from the state to the provinces, is exactly what this constitution is trying to address not only in bulozi, but the rest of the country. You intimating provincial premiers (prime ministers) you basically want to justify of your lozi ngambela who should be well below the paramount chief.
wait for our comment
I can’t wait.Hope it will be sensible and not out of hate.Be like Chipimo for once.He offers good opposition with no jealousy or malice involved.
President Sata suspends three judges namely Supreme Court Judge Phillip Musonda,and High Court judge Nigel Mutuna and Charles Kajimanga with immediate effect to pave way for corruption.
A tribunal has been set up to investigate the alleged miscoduct
so far so GOOD…the constitution must be a dynamic and living doc subject to amendaments ..Good Start hence..
The membership of the provincial assemblies will need to be enhanced. Why should we have farmers represented and not businessmen or chambers of commerce? What of labour unions, religious groups and other NGO. The whole process needs to be well thought out and there are examples of countries that have done it well and we can emulate like RSA.
Large metropolitan areas like Lusaka, Kitwe, Ndola and Livingstone should have more than one city council. This happens in many countries like Australia and it works very well and it’s a more responsive system to local problems.
We already have manucipalities, just as they have counts in the USA within one town. The people of kalingalinga do not experience the same problems as the people living in garden, zingalume or chisamba. Case example if the lozis, opting for secessaion, have their way, how are the nkoyas, mbunda, luchazis going to benefit if the control will be restricted to the lozis? Just a food for thought.
Hope VIPs wont be killing to take over presidency power is sweet.. just wondering
Great job. Thanx P.F for listening to the voice of many Zambians. Well done and may God bless the Republic..
on Corporate governance appointment of central bank governor by President and to be head of the Board,that is not welcome in my view.overall,most of these have been from NCC and few left ones included.atleast we are heading somewhere on the constitution
What if the Elected vicePresident dies,who takes over?
Long awaited best ever constitution?
president must be more than grade 12 ba pf…what is grade 12.
It is targeting your younger brother who couldn’t make above Grade 12 but is smarter than you with a Masters degree…
President Sata suspends three judges namely Supreme Court Judge Phillip Musonda,and High Court judge Nigel Mutuna and Charles Kajimanga with immediate effect to pave way for corruption.
A tribunal has been set up to investigate the alleged miscoduct
This is great.
its not yet done.wait for Parlaiment to enact the Bill and you then you can commend them.beware of the politician.
WATCH THE SPACE.WILL WAIT TILL PARLIAMENT ENACTS IT INTO LAW.Politicians can hijack the process,caution
GREAT JOB BA PF GUYS
Mwakwanisa manje.. this is what we talking about.. Manje nkani nikubelenga 272 pages. Nayo nayo
While I agree with many of the provisions in this proposed constitution, I totally reject the provision the gives the president power to appoint 21 members of parliament. This is unacceptable, unrepresentative and undemocratic. Let all members of parliament to be elected. Second, provincial gov’ts should be headed by elected governors or premiers of the party that has won the majority of the provincial assembly seats.
I’m impressed with the draft so far, my vote was not wasted..
PS. awaiting comments from SENIOR CITIZEN and Engineer!!
To Committee Chairperson Justice Annel Silungwe:
I really like this document, what you may need to amplify is “Provincial Minister” position being an electable position would give provinces more power and the mandate holder would serve the people not based on presidential inclination but knowing his/hers first allegiance would be to the people of that province that put him/her in office – that way the will of the people would easily be implemented at starting at provincial level all the way to the national level. That’s my two cents otherwise, this is what I mean when I talk about the smart people of the Zambian Enterprise capable of deciding their destiny. Great job!!!
SATA is protecting himself by influencing the technical committee to say the minimum qualification for a president is Grade 12 ..atase ni ya how manje iyi, what is grade 12 to be head of Government????/
You are an *****. The President has already a degree, something Hakainde and the southern tribalists wanted to infuse into the MMD individual tailored constitution 2 years ago. To qualify to join the police in the federal government, he needed to have certain qualifications. Why dont you ask RB and Col Panji Kaunda or the founding father about Sata’s academic prowess? And which pig butt would marry a doctor for a wife and be president at the same time if he was not intelligent?
The Draft constitution has addressed all the major issues. We have waited for more than 20 years for this! WELDONE to the team.
The threshold of nominated members of Parliament has been increased to 21! Is not correct…… Actual ” 120. (1) The President shall appoint not more than twenty-one persons as Ministers who are qualified to be nominated as Members of Parliament. “
That is age, my friend. Is that why you want to keep recycling geriartrics??? READ!!! Ala!
My keyboard escaped – besides the age, we are also looking at the fact that there will be nominations made of ministers (whose threshold is 21). They will have no vote, but will have Cabinet status. That is the gimmick…
Thanks LT. Now I can ponder on this while drinking my hot tea. At first glance, it looks good enough…though I’ll off the top disagree with “The threshold of nominated members of Parliament has been increased to 21. The President shall appoint Ministers from persons who are not Members of Parliament.” The dual citizenship close is of utmost importance to me personally. Well done on that….
More to come…
@baroste activits .you are the one who is a ****.what am saying is simple if you ever sat a desk enough .simply put you **** if you say zambia is unitary state .state the units which this unitary in the preamble .simply that’s what am asking you dull chap.unitary means more than one part was involed. To come up with what is called zambia today.so why leave it in your preamble
Lets pray the dual citizenship will be legal in Zambia :)
One Zambia, One Nation.
# 71 for yo own infomation the president (MCS) has atlist one degree.
Presidential requirment for someone running for Zambia’s highest office should be a minimum of a college degree, period.
And who submitted the need for 21 nominated mps, this is not desirable, thats too much-
I love this. Well done technical team! Well, the nominated ministers outside of parliament are meant to be subject to elected parliamentarians. They shall be prominent people/professionals who are not too political. VIVA PF! VIVA ZAMBIA!
just a bit on murdering a murderer, are we still murdering as a nation, and right to education which now is free at primary level as a right is it still, i could not finish reading, though i think good work PF keep it up, thats people anticipated from HE Sata, its just the matter of sealing it. Well done. Happy I am and my children too
The nominated ministers are supposed to be answerable to parliament-the people’s representative. They should not be too familiar with the inside of the august house. Infact they should revere it. They should be professionals. Draft has implicitly “fixed” number of ministries as 21!
Article 105, Section (1)(b) is a risky proposition. And I quote “105. (1) Not less than one-third of the Members of Parliament may, by notice, in writing, to the Speaker, petition the Speaker alleging that the President has committed- (a) a violation of a provision of this Constitution; (b) a crime under international law; or (c) gross misconduct.”
By subjecting our own president to “A Crime Under International Law” we are abrogating our sovereignty. Firstly, who determines international law and who defines. Secondly, who adjudicates it and what are penalties. With this provision, some foreign power with enough clout, money and power can easily influence member of parliament and trigger impeachment proceedings for a president and cause confusion in the nation.
These foreign yahoos could take over a government under certain influences and this is bad business when it come to sovereignty. If something is not well covered under our own constitution it should never be used under international law as a basis for impeachment otherwise where is our own sovereignty as a nation? I am okay with subsection (a) and (c) but I have serious objections to (b) because it leaves our own sovereignty in question, again that’s my two cents.
In America recently, some legal scholars have been looking at whether the US Constitution can be subjected to International Law and constitutional lawyers have argued along those lines above (firstly and secondly). We can’t be a sovereign nation, if others can tell us about international crimes and we complied.
And besides, what is International Crime, how can it can’t be defined now to be incorporated in our own Constitution so that the basis of impeachment is internal rather than external? Please advise … thanks a trillion.
sorry above … meant to say “… what is an International Crime, how come it can’t be defined now”
i would want to read the whole thing,though personally am not too comfortable with dual citz…
i thnk d govt 4 atleast doin such a critical job in a short period of tym…i js pray that d dual citizenship goes thru, then d provinces 2 b headed by elected governors or premiers, towns like lusaka n kitwe need more than 1 council or municipality, as 4 d president, atleast a degree cn b beta coz we talkin about sumthng dat must stand a tast of time so as at nw, a G12 certificate is nothng, or they shud limit dat 2 d MPs. Lets debate n coment wisely my fellow countrymen! Peace b with u all.
BEWARE PARENTS AND SCHOOL TEACHERS – NO MORE CORPORAL PUNISHMENT, I HOPE WE DON’T BECOME A NATION FULL OF SPOILED BRATS.
But my best one is Part V, Article 55 Section 6, that makes the government responsible for children with special needs and I quote “orphans, a child whose parent is in prison, children with disability, refugee children and homeless children or children living or who spend time, on the streets, are entitled to the special protection of the State and society.” Zambia has just enacted it’s “No Child Left Behind” Law and made it part of the constitution. There are similar laws elsewhere IN THE WORLD but not constitutionally mandated.
OTHERWISE IT IS GREAT DOCUMENT, WITH A FEW CONCERNS BUT OVERALL, IT CAN STAND THE TEST OF TIME
Best piece of drafted constitution, no doubt this would be good for our country, now lets wait for public opinions to add and subtract stuffs from this drafted constitution before we come up with full balanced document. Bravo PF on this one.
Thank you PA Bwaattoo, we really need the dual citizenship very much. Thats why we voted for you, and will keep just that Ba King Saint.
Now you all agree that MCS is the man of action and you can have confidence in the people that he chose to do this great job for few milloins of Kwachas. Viva Presido. Yor are on the right track and believe you me those who are talking about degrees are not being fair because as of today there are so many degrees from backyard universities in our country and i dont admire them.Am ok with my diploma from Evelyn hone college DF92/
There are several banana peels in this draft constitution that down the line might prove slippery for the republic.The appointment of 21 MP’s by the president is a tad too much and could bring on board sychophants and give too much pwr to the preident.The educational level required for a president is too low and it could give us a govt led by clueless semi illiterates which is risky and the provincial assemblies might also be risky as to provide a channel for secesionists regions like Barotseland or opposition(or tribal) strongholds like Tongaland to want to separate from zed.
Keeping my fingers crossed on dual-citizenship..
@enka rasha, lol you mean like the white tribal strong hold western cape where the anc can’t win elections? Interesting that you left out the bemba strongholds of luapula and northern provinces. Ever wonder why American presidents usually carry their home state and usually don’t spend a lot of time campaigning there? Yes my dear, it is only natural that people carry their home areas.
Part IV 14 (2): A child found in Zambia and who is, or appears to be, of not more than eight years of age and whose nationality and parents are not known, shall be presumed to be a citizen of Zambia by birth. {SIC}
Sounds a bit Nebulous especially that we are more than 45 years since independence, & kids just don’t drop from the sky!!! IT LEAVES AN OPEN DOOR POLICY FOR PEOPLE SMUGGLERS to send unaccompanied kids INTO ZED just to Obtain Zed citizenship!!!!!!!!
I am impressed with the dual citizen, I am for the govt on this draft constitution! Job well done!
This document seems to promise all things to all people. The framers are timid and legislating via what is supposed to be a constitutional document. You cannot guarantee religious freedom and at the same time prohibit anti christian teachings. Atheists, Hindus, Jews etc have belief systems that diverge from the so called christian teachings. Will these groups be in violation of the constitution? Besides, even amongst the christian denominations, there are differences as to what constitutes christian teachings or practices. A good constitution should simply guarantee freedom of religion. Period!
You are badly mistaken. Read the bible.
This is a good development by the PF gov’t.This is the first sensible thing they have done since being elected into office last September. I remain optimistic about the dual citizenship issue, the 50+1, the Veep position, the provincial Parliament.Though on the later we also need an electable governor position for each province. The only part which is kind of retrogressive is the qualification of the President.G12 is not good enough in this age & time.I thought President Sata had 2 Degrees.So I heard,whats the fear?
Unfortunately, this constitution like the others before it still continues to promote the idea of an imperial presidency. There is absolutely no need for the president to be involved at any level in the recruitment, promotion or appointment to the civil service. This should be left to the civil service commission. It is also very irresponsible to give a president powers to create provinces at his or her whim. This is an invitation to chaos. And it is not devolution when the president is the one who appoints the so called provincial minister. And where is the so called democracy when the provincial assemblies are not open to competition? Why should mps, mayors be members of provincial assemblies? This constitution is a fudge!
Grade 12 certificate iyi,na ine i qualify actually over qualified nai konda iyi,na ba ipima hahahahaha
I SEE SERIOUS MENTAL ISSUES WITH THE ARCHITECTS OF THIS SO CALLED ZAMBIAN CONSTITUTION. WHO WAS THERE PROVOST? IS IT SATA? LOOKS THIS DRAFT FAVORS THE UNEDUCATED **** FROM MUCHINGA.PRESIDENTS THAT DO NOT READ SHOULD NOT BE ALLOWED TO RUN A COUNTRY NO WONDER ZAMBIA IS NOW A FAILED STATE BECAUSE OF SATA-N IF YOU WISH. ANYWAY OUR KING (THE LITUNGA)HOLDS A MASTERS DEGREE IN AGRICULTURE SCIENCES. A TRUE INDICATION THAT; WHILE BEMBAS WERE BUSY SLAUGHTERING MONKEYS IN THE BUSHES, THE LOZIS WERE BUSY STRENGTHENING THERE RELATIONS WITH THE WHITES AND SHOWING THERE REAL HEGEMONY. THE LATER (BEMBAS)WERE SLEEPY AND ALL THEY DO BEST IS THIEVING. THEY STOLE DR. DAVID LIVINGSTONE’S MEDICINE AT CHITAMBO AND CAUSED HIS DEATH. THE ETHNIC GROUPING IS RESPONSIBLE FOR THIS AS IT WAS A COORDINATED STRATEGY.
Looks good. Now lets enact it and implement as much as we can.
#50, the Litunga can’t be a minister. His role should be like that of the State Gonernor in Australia. He is the father of the people where politicians can go to to desolve parliament etc.
The draft looks good so far. However, a provision should be put in place to ensure that there is a legal room to create more provinces if need be.
Devolution of powers into provincial administrations in certain parts of the country like Western Province might live room for misinterpretations and exploitation by some greedy and tribal individuals.
Simply put, we want Kafue Province created so that when devolution of powers takes place, there is no conflict of interest among stakeholders.
We would like to see a constitution that is fair and equal to all Zambian Citizens.
So far well done PF, we hope to see more fairness and equality in the implementation of the new constitution.
Viva Zambia, Viva Kafue Province.
From the preumble, over 95% Zambians on this fora believes it’s a good document. I will reserve more indepth comments once I finish the 272 pages, but from the few extracts I have so far read, it appears to be a good document.
Coachez, do you find it difficult to keep your cool? Is lozi bashing your specialization? Honestly, you are boring people to death with your daily outbursts. One would think the sky is caving in! Show a bit of emotional maturity man! Eissh!
Kafue province advocate, my advice to coaches also applies to you. You sound like a scratched vinyl record.
I envisage problems with some of the suggested clauses. i) appointing ministers from outside parliament and only sitting in National Assembly proceedings when required to answer some questions. That means more positions in govt ( MPs and ministers), no front bench and MPs who can vote for, or against anything willy nilly. ii) No bye-elections? Contestant who had second highest votes in last elections takes over? Sounds ridiculous. It may even encourage suspicious political behaviour. iii) Provincial assemblies – thats just more undefined bureaucracy. We are not ready for such. Proper powers and decentralisation of already existing councils would save the country resources and quabbling in these new quangos. iii) I don’t see enough in terms of trimming Presidential powers.
I think we should also include a part parliement will play in the appointments of key government positions. The president shall appoint two people for each position and parliement will interview the appointed persons and suggest the suitable person based on experience and qualifications. So we need a vetting committtee of parliement to approve presidential appointments. We have seen people without experience or qualifications taking up important jobs. This has resulted in low performance, especiallyin the missions abroard.
ZAMBIA IS DOOMED…IT WILL NEVER PROSPER. INFLATION WILL SPIRAL OUT OF CONTROL WITHIN MONTHS, THE KWACHA WILL SIMULTANEOUSLY DECLINE, AND EVENTUALLY, PEOPLE WITH BRAINS WILL MIGRATE…sinking it deeper into the quagmire!!!
can some one give me the website want to read the entire document.much appreciated!
its right here sir, just before comments begin, you will see where it says DOWNLOAD DOCUMENT
jst down load it u daft citizen
This clearly shows that even if you download it, you won’t read it.
A very progressive draft document, which includes most of the wishes of Zambians expressed in the many constitution commissions. This will be a plus for PF and springboard for meaningful national development. Come on fellow Zambians, let us wholeheartedly contribute to this noble cause.
not bad like the dual natiolity part, the bye-election clause we cn have a much better 21st centuary constitution like,limit presidental powers and authority i.e independence on appointment of judges, police commission to appoint posts, inestigate and regulate the operation of the police, independence of electrol commission and personnel pointments
the draft is so encouraging, i like everything about it,
I think is a good document but in case of By-elections must be maintained. We are living in multi-party politics where other party can be formed and take part to judge themselves.
“The President shall appoint Ministers from persons who are not Members of Parliament”. Very dangerous if the persons who assume the presidency are dictatorial in nature, the majority of whom will be. We are far from being the democracy that Obama’s America is. Safer to take this clause out NOW before we regret, no need to manufacture the dictators that we want to avoid at all costs, that is what such a clause will do.
Does anyone where we can submit recommendations online. Does anyone know website
#10 is right, HAPAYA the lozis
Enact the draft constitution.The dual citizenship clause will unlock a lot of zambian resource which is sitting on the fence.there is a whole lot of zambians who were economic refugees abroad who aquired host citizenship who would bring their human and material capital back home.Not through altruistic reasons but selfish ones which will still benefit the country and the refugee.
This is great news about dual citizenship. Job well done PF
Bye-elections are a waste of money, especially when they are engineered e.g by defections. The seat should belong to the Political party that won it until the term ends. This will help stop job hunters switching parties at the expense of voters.
Excellent piece of work. I honestly never expected this from ba Sata.
Chi Boot Fimo Fimo and his mugs must be hating this.
I see that many bloggers are excited about the dual citizenship clause. I do not think it will in anyway bring any development to Zambia. I have lived and worked in 3 foreign countries, and I personally have not seen any need to apply for citizenship, and I dont think I will be motivated now or in future to having another citizenship. Iam proud to be Zambian only. Zimbabwe had a similar clause inherited from S.Rhodesia, but had to discontinue it a decade or so ago.
We better consult widely before we adopt such policies.
@#28 Solution2030: well written, passion for the land is what our President has, because he is not selfish, they have even changed that A President will only be sworn in 14days after the Results, Which other Presidents never did, as they want to be in Sate house the following day. Yes, good that ministers will be nominated. So that we young Zambians are given a chance. VIVA PF well done.
Looks good and nice to see dual citizenship in :d
VERY GOOD DRAFT CONSTITUTION. THE KAPONYAS HAVE ACHIEVED IT ON DOUBLE QUICK TIME. EXECELLENT. VIVA PF, VIVA MCS. THIS IS A WORKING GOVERNMENT.
@142 It doesn’t. Read the whole document especially on the question devolution and if you are literate enough and a rational person you will see that the document had incorporated aspects of issues in the ba64. The problem in Zambia is we never see politics as a win-win civilised discourse but always in terms of losers and winners. Remember the current proposals for provincial assemblies could have only gained urgency as a result of the situation in western province. I doubt these devolution would even have been there had not been for the agitation in western province;
Rod @95 but white tribal stronghold of Western Cape and Bemba strongholds of Luapula & Northern province aren’t marginalised.Barotseland and Tongaland on the other hand feel excluded and seen as strongholds of disgruntled tribes.Having an assembly just provides legal cover for folks in those provinces who feel they’re not part of the nation state and have no realistic chance of leading zambia just for being Tonga or Lozi.
This seems to be a more progressive constitution. Lets give it the support it deserves.
The draft seems to be ok though i have not read everything. Then people who saying that G12 for presidency is low, you are fake, just because you went to get a ka paper so called degree in whatever field, you think you’re wise. You’re nothing. You only posses a ka skill in that field. If i were to ask nkandu luo to difine a blue screen of a computer, do you think she’ll have a clue? No, she’s in medicals not computers, so you guys talking about degrees, there is a solution for you in the draft if you don’t want to be ruled by a G12, you can become citizens of zimbabwe. Bravo pf.
BRE forget,why are you selfish.Decentralisation is enough for everyone.
Dual Citizenship is a great clause – it will enhance development not only through Zambians but it should include a clause that allows any person from any part of the world to be allowed an investment visa with a path to citizenship if they bring in say $500,000.00 cash with them to Zambia after passing a background check and creating employment for at least five qualified Zambians in their field of investment. Switzerland, Monaco, the USA just to mention a few have similar arrangements. This way you encourage capital in flows that are guaranteed to stay in the country. That needs to be considered in tandem with the citizenship clause.
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