Members of the National Constitutional Conference (NCC) today reached a deadlock on regulation five of the disciplinary committee proceedings.
Regulation five talks about complaints against members of the NCC and members of staff of the NCC secretariate.
Regulation 5(I) states in part, “A person may complain to the committee that disciplinary action be taken against a member or member of staff or that the member of member of staff be removed from office where the person alleges that the member or member of staff has………….”
The NCC members failed to strike a consensus on whether to allow members of public other than themselves to lodge a complaint against the NCC members or not.
Some members observed that allowing the public to lodge complaints against NCC members or staff would disturb their deliberations as some public members might not mean well.
Other NCC members felt it was in order to allow members of the public to lodge complaints against NCC members because they were also stakeholders in the constitutional making process.
A heated debate was sparked when a member Crispin Shumina asked for a clarification on whether members of the public would be allowed to complain against NCC members.
In response, Patrick Matibini, who is the chairperson of the NCC interim committee that was set up to come up with rules and regulations to govern the NCC deliberations, said the proposed meaning was to allow members of the public to make complaints, that arose, against NCC members.
Dr. Matibini explained however that the disciplinary committee would reserve the right to dismiss a complaint made against NCC members from any other person if it was established that it was frivolous, vexatious and hopeless.
He said the committee would be careful in its consideration of complaints to establish a prima facie case against a member or not.
In her contribution, Chieftainess Nkomesha observed that NCC members would be prone to unnecessary attacks from members of the public if the regulation was left open to the public.
She noted that involvement of outsiders in proceedings of the disciplinary committee would influence the operations of the NCC.
Another member, Chrispine Musosha, who is also Mansa Central Member of Parliament (MP), wondered why disciplinary complaints should come from outside instead of being confined only to the NCC members and secretariat staff.
Mbala MP Gustone Sichilima argued that members of the NCC enjoyed immunity, according to clause eight of the principal NCC Act and therefore, they should not be put under scrutiny by the public.
Mr. Sichilima even raised a point of order on whether the conference was in order to continue debating the matter when the principal act was clear about immunity of the members.
Chongwe MP, Sylvia Masebo suggested that complaints against NCC members should be restricted to members only and not be opened to the public.
She said allowing the public to make complaints and call for disciplinary action against members of the NCC would cause them to be lumbered with many unnecessary complaints, which will divert the attention of the conference.
And Dr. Swebby Macha, from the medical fraternity, warned that there would be acrimony between NCC members and the public if the regulation on disciplining NCC members was opened to the public.
Another NCC member, Chrispine Bwali, proposed that the issue be restricted to NCC members only, giving an example of football rules which only dealt with team members and not spectators.
Mr. Bwali said NCC members were representatives of the public hence there was no need to involve them.
However, Kalomo Member of Parliament, Request Muntanga contended that the public should be allowed to raise complaints against NCC members because they were stakeholders to the process.
Mr. Muntanga said the NCC members were not hiding anything from the public hence the need to allow them complain against NCC members.
Mazabuka MP, Garry Nkombo supported the proposal to allow the public raise complaints against NCC members if they felt dissatisfied about the conduct of any member on the conference.
Chifunabuli MP, Ernest Mwansa observed that closing the public out of contributing to the disciplinary committee of NCC would raise more suspicion, especially that the whole constitutional process had been marred with suspicions from various sections of society.
“If we close out from the public, we may be suspected of doing something that undermines the integrity of this conference. I think we should leave it open to the public,” he said.
At some point, NCC Chairperson, Chifumu Banda sought an explanation from Minister of Justice George Kunda on the issue.
Mr. Kunda told the conference that section 16 (ii) on the jurisdiction of the standing committee empowered the committee to consider and determine disciplinary action relating to members of the committee.
He however said the section was silent on whether members of the public should raise complaints against NCC members or not.
He said the drafting department in his ministry would, without departing from the principal Act, redraft the section depending on the resolution of the NCC members.
NCC chairperson, Mr. Banda noted that he had strove to make members reach a consensus on whether members of the public should be allowed to raise complaints against NCC members or not.
Mr. Banda has since said a draft amendment would be made to the regulation and be circulated to NCC members tomorrow morning in readiness for further debates and contributions in the afternoon.
He said a consensus was one of the ways spelt out in coming up with conclusions in the NCC but a vote would be used to determine a final resolution if consensus failed.
And Mr. Banda warned NCC members to use sober language even when they differ over debates on what should be accepted and what should not.
The matter before ncc is a dice one,however i feel if the public was to be allowed to complain,the complaint must be supported by not less 1000 veriable seconder’s from the public to make the complaint valid and worthy for ncc consideration.i agree that ncc should be diverted its attention to petty complaints.
If you are chewing public fund, why can’t the same public scrutinise your performance. Only minions would want to hide from the public they claim to be representing. Come on guys don’t think you are there for a jolly you have to work for those heffty allowances we the public must keep you on your toes to make sure you give us a good costitution.
If you are chewing public funds, why can’t the same public scrutinise your performance. Only minions would want to hide from the public they claim to be representing. Come on guys don’t think you are there for a jolly you have to work for those heffty allowances we the public must keep you on your toes to make sure you give us a good costitution.
It is sad, strange and spectacular to note that the very representatives of the people at the NCC want a wall fence between them and the members of public. Look, In terms funds being committed to the NCC, is an opportunity cost to investment in health, education, child welfare, etc. and now NCC members seek immunity against the public complaint. Open up your closets.
All NCC members came from the Public, they are working for the common good of the public, so they will come back to the public after the conference. They are using Public funds from the public for the public by the public. Let them face Public Scrutiny as well!
The desciplinary regulations that the NCC is mking only for it’s housekeeping there is no need to opemn this to the public.
For example if this is open to the public how will the NCC progress when the difference within PF takes the form of those outside NCC raising complaints against those within NCC. wE ARE GOING TO BE HAVING COMPLAINTS RAISED ALMOST ON A DAILY BASIS BY MEMBERS OF THE PUBLIS mostly those who are vindictive and partisan. Close this window .
#6 CITIZEN
Zoona ci CITIZEN niwebo ci parrot. You blindly support everything the Government says or does. If the President had to wake up one morning and say ‘lets kill Kachokwes’, you would support him without any second thought. You should have shame, know when to use your heart and when to use your ‘cotton stuffed’ head. Very annoying yoy b@$#&rd.
A gathering full of useless greedy men and women. I wish the building would collapse on them.
NCC ya chalo. Viva Ba Levy – this is what happens when a country has focussed leadership.
STAND FIRM FOR MOB JUSTICE CONSTITUTIONAL CONFERENCE [MJCC].WHO KNOWS IT, FEELS IT.
LET THAT BUILDING COLLAPSE ON THESE *****S!!!!!!!
#6 ulichipuba
This is just a chance for some poor fellow from shangombo to make bucks. They dont even know their role in that conference, Zambians lets be realistic with what we agree to. Democracy is not about bulldozing issues. We have seen what is happening in Kenya, it is because of the few greedy ones. lets not support blindly