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Refusing to sign draft constitution is against terms of reference-Kabimba

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Wynter Kabimba
Wynter Kabimba

Justice Minister Wynter Kabimba says the Technical Committee will go against the appointing authority if it does not sign the final report of the draft constitution.

The Ministry of Justice has written to the Technical Committee drafting the constitution to print only 10 copies of the final draft which the committee has found inappropriate to do.

Mr. Kabimba who confirmed to journalists of having instructed the technical committee to print only ten copies of the final draft said the committee will be answerable to the appointing authority and the Zambian people, if they do not sign the final report of the draft constitution.

Mr. Kabimba however urged the technical committee to write to government on their decision not to sign the report.

The Technical Committee tasked to draft the Zambian new constitution has resolved not to sign the report until clarification is given on how the final draft constitution, the draft constitution of Zambia Bill 2013 and the final report of the technical committee will be distributed simultaneously to the President and the General Public.

Mr Kabimba also said that the protest by the Technical Committee over his Ministry’s directive to print only 10 copies of the final daft constitutional is not against him as an individual but against the appointing authority.

Mr. Kabimba who is also Patriotic Front (PF) Secretary General has told journalists that the Technical Committee was appointed by the government and therefore if they choose to defy the directive by his Ministry, the Technical Committee is in fact defying President Michael Sata who appointed them.

Mr. Kabimba however noted his Ministry is not exerting coercion on the Technical Committee to carry out the directive to print only 10 copies of the draft constitution because the committee works under terms of reference.

Mr. Kabimba has further told journalists that the Technical Committee however has right to do whatever they want as per term of reference.

And when asked whether there will be room for dialogue between the Technical Committee and government over the misunderstanding, Mr. Kabimba said it is up to the Committee to decide as government is always ready to dialogue.

43 COMMENTS

    • In my all life it is the first time to see an educated and st,upid man who cant use logic at all. He says it is against the terms of reference to defy the appointing authority and yet the same terms of reference are what the committee is standing on. So wot terms of reference is the man talking abt? Pliz dont incite us to insult u for lack of intellect n wisdom becos u are taking us for fulz.

  1. Kabimba you are doing a disservice to the nation. People Fighting (PF) don’t bring your warring and genocide mentality to the formulation of the constitution. This document should be able to stand the test of time and generations yet to come. Leave the TC to do their job without obstruction.

    • The best way to f000l someone is very simple.
      1.0 print one copy, sign it and photocopy thousand of them. Allow every Zambian to photocopy(freely) the document without your permission.
      2.0 the print nine and give kabimba.

      He told you to print 10 copies and did not say this document should not be photocopied. simple!!!!!!!!!!

  2. We salute bashilubemba, aluta continua.

    Pledge from the Tongas:
    1. Deposit of monthly upkeep money for Mwine Lubemba. 5% of gross earnings. Please open and publicise bank accounts.
    2. Donation of at least 250 heifers, 20 steers (oxen) and 8 bulls for Mwine Lubemba.
    3. We shall come in truck loads to perform budima and kukwesha.

    I request either Father Bwalya or ba Dr Mumba to collect these donations.

    HH should not be in forefront to avoid this gesture being politicised. However, he can donate some cattle on top of the 278 but without any funfare.

    Our brothers and sister in Lubemba, we are one!! Let us refuse to be divided by the Kaunda and PF.

  3. WHAT IS THE ISSUE HERE?

    YOU ONLY APPEND ONE SIGNATURE TO ONE COPY AND DISTRIBUTE THE REST ON THE WEB OR OTHER MEDIUM FOR COMMENT.

    • Good suggestion…..

      Only I’m sure “the issue” as you say is that this is NOT what Government has instructed the Technical Committee to do.

  4. But why are some people so stubborn? What do the terms of reference say, and is the so called justice minister saying all the members of the technical committee are wrong? Can we for once be transparent, please? Zambia is bigger than the so called justice minister and the entire cabinet. The constitution should be one that will stand the test of time, and not just some document that will keep PF in power. Why is Africa so cursed, burdened with leaders who cannot see things beyond their noses?
    Is the called justice minster telling us the members of technical meet are dull, stupid, and that they do not know what they are doing as a committee. Who is going to tell us the truth about this issue. Is this ploy to dupe the citizens. What a cursed country. No proper constitution is place!!!

    • True my brother. I think we are always going backwards in Zambia. The TC should use the available technology space to publicise the Draft Constitution. What is the problem? Sign the ten documents, upload the draft document on the web site and bingo, people will have access. Why do we always want to be controversial in this era of technology?Oh want does the terms of reference say too? Does it include the clause on number of copies to be printed? How do you fail to have copies when you are the ones who prepared the document as the TC? Some times i fail to understand some arguments in Zambia.

  5. This unelectable monkey is really taking this country for granted ehh? what an i.diot !!judging by what comes out of his mouth, i now believe hes the disciple of Ukwa.

  6. But what is wrong with printing only 10 copies of the draft constitution? Why is the Technical Committee adamant on refusing to print the number of copies wanted by the appointing authority? Who is going to read 10Million copies if they print such a high number? I mean we are having a situation where even educated people are behaving like little monkeys. The appointing authority only wants 10 copies so that they read the draft and comment on it. The final draft that will be put to the Zambian people will not be on all the provisions but only on the contentious provisions. So where is the problem? It is only after the government has responded on the draft and made its position publicly known that a final version for wider circulation can be printed preparing for the referendum. Monkeys!

    • @ Mwembeshi
      It is the ZAMBIAN PEOPLE who need to respond,and not the government!!!!!!! Government is just facilitating the process. Government officials have messed up things in the past, and that’s why we do not have a good constitution in place up to now. Let’s not have such short memories please! It’s not for government leaders to respond.

    • @ Zambian
      @ Luputa

      You two above useful i.d.i.o.t.s, IT IS PRESIDENT MICHAEL SATA who has asked the Committee to send him JUST 10 COPIES!!!! Who told you that the President needs to read 5 million copies????? The problem with a lot of Zambians now is that illiteracy is too much you can’t even understand English. Stop messing your heads with too much fi-local languages. Mwamona nomba! If you can’t understand a simple short directive from State House, how will you be able to understand the complex English in the draft constitution itself????? Yaba, but pa zed! Stop drinking too much alcohol and invest in books and read them. You gossip too much, some of you drink so much you can’t even find time to read even a newspaper!! Ubukopo ukufulisha mwebantu, twacula!!

    • @Mwembeshi.
      Uleke ukupepa fwaka walafulungana. The contention by the TC is that they do not understand why Kabimba should request them to print only 10 copies of the draft constitution for the president and no other copies should be printed for the public. It’s not that the TC wanted to print five million copies for the president. That’snot the point.

      Don’t use insults when blogging.

    • I think most of you are missing the point here. The reason for printing 10 only is that there should be no circulation to the general public. Mind you this is a Government document and unless the TC is allowed to distribute it in any form, they cannot do so. This instruction is very clear. it means apart from the 10 copies no any other copy should be made in any form. Some of you cant read between the line and this makes debating very difficult. @ mwembeshi it is you who is failing to understand simple English. The Minister is not saying submit only 10 copies. He is saying print only 10 which is also very expensive you have any idea on how printing is done. The TC is saying why cant we print more to distribute to other people as well. This is simple. Until I agree, no one else should see.

    • Let as move forward Winter……No wonder some people want you dead because your character is fake!! peoples’ constitution is number ONE.

  7. What is so difficult to print sufficient copies for as many people as possible?

    Kabimba is at it again with his arrogance.

    Give us our document unadulterated.

    • Kabimba has very serious short comings in reasoning.Right now he is hanging by a thread and may not be in PF for long but he still wants to manipulate a constitution whose protection he may be needing very soon.

  8. Kabimba who told you that Sata wanted 10 copies only? Who will see the 10 copies? Can i make a list for you?
    1. 0 Parliament,
    2.0 LAZ,
    3.0 State House,
    4.0 TIZ
    5.0 Attorney General
    6.0 Solicitor General
    7.0 Minister of Justice
    8.0 UPND,
    9.0 MMD
    10. Kolwe (me) representing the rest

    • But what about the following?
      11.0 DPP
      12.0 Minister of Finance
      13.0 Minister of Home Affairs
      14.0 Head of EU in Zambia (Remember the financier)
      15.0 The Technical Committee not allowed to print a copy for themselves
      16.0 NAREP
      17.0 UNIP
      18.0 Consultants engaged to polish it
      19.0 All cabinet ministers x 70 copies
      20.0…….
      Atlease 100 copies can do

    • all the Zambians need the copies….Print some hard copies and let the others be soft copies…Let us finish this execise for once please people……Who bewitched our country?

  9. What I suspect is that the Technical Committee has already chewed money with a printing company they may have sub-contracted for printing the draft constitution and they are now scared that with only 10 copies ordered, they have no way of paying back the rest of the money: because the books of accounts for the Technical Committee are about to be audited now that the activity has ended. We know these games and how they are played. So their only way to get out of the situation is to politicise the issue. There is nothing wrong in the government telling the Committee to print a limited set of copies at this stage, because the government must respond first and assess the job done by the consultants. Where are the nerves coming from suddenly?? Chewing!!!

    • @Mwembeshi.
      It’s the justice of minister who is politicizing the issue. How can you think like that? 10 copies for who?

    • @ Membeshi is another cadre who has no grey matter in his brains. Please you are an individual Zambian who with others make up this collective entity called Zambia. You were created as an intelligent being that does not need kabimba to think for you. Therefore when something is wrong, think about yourself as human being with the ability to think and not just to obey PF. In any case PF is just a club. You just joined it out of your own volition. Therefore when the club is wrong, you should correct it. I’m afraid Kabimba is a dictator who is misleading the President. No wonder he has inclination to all Dictatorships in the World. We should stop him at any cost. after all no one elected him.He is an imposition on all of us.

    • @mwembesh, I don’t know how you came to UK with such shallow levels on analysis. You are such an embarrassment to her majesty and your own family. Please consider heading back to to your village asap. Maybe they will appreciate your arguments.

  10. Winter can you give a break for once. Why coming with you stupid directives at the eleventh hour. His your useless directives part of terms of reFerence given to the commissioners or not?

    Winter please do not bring your blood strained hands to the constitution. This is not a pf constitution but a Zambian one and supposed to stand the test of time. A lot of tax payers money have been spent on the exercise.

    Pf Promised to enact the new constitution within 90 days of days of coming in power but now its two years the constitution iS fAr fetched.

  11. @mwembe she u are as ignorant as the govt the constitution is there to govern us not them. So many copies are needed so that we can make alterations please don’t confuse yoself.

  12. Why splitting hairs over the number of copies of the the draft constitution? Let me educate you a little:
    1. It is normal for such a document to be embargoed at this stage and only circulated to a limited but representative audience.
    2. The document is a draft. It is not the Constitution of the Republic of Zambia yet.
    3. The document contains what the citizens submitted to the technical committee and the submissions were circulated widely…..nobody complained that the circulation was limited.
    4.The technical committee has overacted by ‘refusing to sign what they have drafted. It could make sense if the tech committee refused to sign the document after it is seen to have been massaged or doctored but the document is not yet printed. PTO

    • Sir the Document wont go back to the TC again. It will go through the adoption process. Looking at the process now, the TC is afraid that the Draft will be doctored hence their desire to protect it. they are not overreacting. they just concerned that unclear instructions are coming at the last hour. what is the use of these instructions if there is nothing sinister? Surely the TC should have been allowed to conclude their work as per their terms of reference without any further unnecessary instructions. Why not wait until the committee submits it findings? What is wrong with Mr. Winter? Why does he always want to bring confusion unnecessarily? PF give us a break! You are in power now so behave like nobles not like great Kaponyas you are known to be!

  13. We want a good constitution. We have spent so much on the effort. We deserve a good result. One day Zambians will know their rights and obligations of those they elect to be custodian of their affair and money. It is a matter of time before Zambians start assertive their authority. Some MPs do speak though but the current system does not make such contributions affect the outcome of parliamentary debates.

  14. It’s now clear why dictator Michael Sata chose Wynter Kabimba as Justice Minister; the reason was Kabimba,as a puppet of Sata,will always help him to enslave us.Zambians will have to protest,as happened in Kenya,to have a good constitution.Sata is not trustworthy,and his lack of leadership skills is another drawback.A people-driven constitution will materialize if Sata is not allowed to frustrate the current constitution-making process.

  15. Just photo copy the 11th copy. Give it to Daily mail /times and sale at a price to break even with the cost of paper. 5million copies will encourage corruption as some ministers will supply rims of paper for $100 each. Just give president what he needs and who ever wants a copy should pay K10 per copy. This is how a nation wastes money. How do you want to make 5million copies and once read you throw. Make it electronic so that some people can see it online while a few people can buy at a break even price.
    My contribution peace lovely people of Jesus

  16. Kabimba should realise that ultimately, WE THE PEOPLE OF ZAMBIA, collectively are the appointing authority of the President, and ordering that we should not receive copies of the draft constitution is gross insubordination. We the the PEOPLE OF ZAMBIA direct that the draft be handed simultaneously to us and to the person we have mandated to drive OUR BUS. The fact that we have appointed someone to drive our bus does not mean we have relinquished ownership.

    • Well spoken, but do you really think that Kabimba understands who the real appointing authority are? His life begins and ends with SATA. Understandably so because this man has no approval by the people except SATA himself. Kabimba has not won any public vote at all, he has failed lamentably. The question we should be asking now is, why does Kabimba and his life support SATA want the copies for themselves only and not the public as is in the terms of reference? I smell a rat! Terms of reference are clear document will be released simultaneously to the so called appointing authority and to the real appointing authority (The public- Electorate) period. Kabimba is quickly chicken out and pointing to SATA indeed we knew all along that Sata instructed him to write to the technical committe.

  17. I really dont see a problem here. Just print ten copies and then scan one copy, put it online for us to ready. We, ourselves shall print for one another.

  18. They do all sorts of things to get to power and the moment they are given the opportunity to lead, they use every moment to turn the citizens into servants while they become the masters. All the jokes of kneeling before people at rallies were not genuine. Africa has such leaders in many places. They want to control everything, their definition of a leader is one that is worshiped and adored. Africa but why? Greedy fellows, always inflicting pain on the people who voted for them. Thinking and reasoning evaporates over night and selfishness becomes the order of the day

  19. How long will it take our grade 2 president to finish reading and understand, mind you all you riff ruffs asking Winter to step down, this is the one job Ukwa has been keeping him for. To manipulate the constitution and later dump him. He is been utilized for the useful ***** he is. If Ukwa find it so hard to dispose him off probably a bullet in his boss will do and the rest of useful *****s will accuse gmb. I have seen this dirty game and how it ended.

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