By Dr. Emmanuel Makasa
Zambia’s lack of progress as a country in the last 43 years of independence has been mostly because of having a faulty constitution at every stage of the three republics. The government of a country is based on a set of laws in the constitution and if these are outdated, out of place or favoring some, then it is a matter of garbage in, garbage out.
The sitting presidents of Zambia starting with Kenneth Kaunda, Frederick Chuluba and the late Levi Mwanawasa, were in the peoples way of giving themselves as set of laws stipulating how they want to be governed at every time of constitutional review. A constitution by the people of Zambia and for the people of Zambia. The last constitutional review hit a snag over the method of adopting it. The people wanted the whole constitution to be adopted, as we have wished to be ruled (as is…) and didn’t want anything removed to suit the ones in power for this is our country and we are the people. Zambia is not the trees being cut down for charcoal in the forest or the wild animals being watched by tourists therein. Zambia is the people (like they say on the streets of Lusaka that “Icalo bantu”). Therefore, the government in power is but only contracted to run the affairs of our land on our behalf for so long only according to the way we have said and agreed to be ruled.
The only sure way we felt we could have such a constitution is if we adopted it through a referendum to avoid the ruling party and government of the time from adding or subtracting anything from it to suit themselves. Levi Mwanawasa said it would be too expensive to hold a referendum and bulldozed his way to setting up the expensive NCC that has indefinitely suspended its work, and I wonder why… This setting up of the NCC caused such political instability and a constitutional crisis splitting the nation into two with the church, civil society and opposition on one side. As if that was not enough, the allowances paid to persons sitting on the NCC were ridiculously high such that it was disgusting and would prove to be more expensive having the NCC compared to a referendum.
Levi died and may his soul rest in peace. We are grateful for what he did for his fellow Zambians. Here we are at the verge of a national election to choose a president. The ballot papers have not been printed as we haven’t had the nominations by ECZ yet. A referendum would have been conducted nationwide in a similar manner as the coming election except the voter votes “Yes” for adopting the new constitution or “No” for not adopting the new constitution. In the coming election therefore, we have a cost effective and sure way of having a people driven constitution adopted without opposition or manipulation from a sitting president. We should vote for a new president and for whether we agree to be ruled according to the new constitution that we have written. It is a golden opportunity to have our lives secured, security and freedom guaranteed, voices heard and a go at dignity and self respect as a people. It is that easy and that simple yet a courageous and a big step forward. Let us have a referendum together with the coming presidential election.
its true,,let the people speak on this thru a national refrendum,
AFRICAN DEMOCRACY IS JUST DIFFICULT AS ROBERT MUGABE RECENTLY REMARKED
Good idea ba Doctor, why not combine the election with a referendum. Huge opportunity to save money here and we wont have to pay all those greedy people who were just sitting for lunch money. Amazing that nobody has thought of this in our current government, NGOs, opposition parties and the rest. Does this have to do with the quality of people we have in responsible positions in our country? This is a brilliant idea.
Meaning what?
That the MMD cabinet now in place is opposed to a cheap and sure way of adopting a people driven constitution?
🙂
Dr Makasa, your reasoning is highly intellectual yet lacks realism! Having a referendum in a country with so much illiteracy would be a futile exercise. What do you suggest? print out draft constitution in all languages & ask our brothers/sisters in the village to either vote yes or no??! This would just lead to utter confusion, hence the NCC, though not perfect, presents the most feasible option! As long as the representation is fair (MPs, Professional bodies, NGOs, Religious groups etc), I’m confident we’ll have a people driven constitution…
# 5. There is no need to re-print what the people told the commissioners to write down in their own languages yet again.What are you talking about amigo?
brilliant indeed but lets talk of reality here can we manage this two critical programs simutanouslly? can we afford? do we have enough time. otherwize ubwato kiti bwatwafwa
# 7. The cost for both is that of this inevitable election. Our last move as far as the constitution goes was adoption. so YES! this is realistic we can afford both as they both require the same move.
Yes Dr, the idea is very brilliant. The referendum will not have a direct cost of its own. But do the people of Zambia know what is stipulated in the draft constititution? The simple answer is NO. So what will they be voting YES/NO to? They don’t know. So, can the referendum be held simultenously with the Presidential by-election? It requires a lot more time to educate the people on the contents of the draft constitution and the 69 days remaining is not enough. Bottom line: good idea but not workable
#5 please stop insulting our intelligence.We have been voting for over 40 years;a referendum would’nt cause any additional problems.
#5 I hope you are not protecting the salary of your relative that is sitting on NCC. Our people vote for our law makers, how many of them have read MMD, PF, UPND manifestos. I think you are the one who need to be realistic. Let the camp for NO and YES vote for the constitution hit the street and we vote. It is as simple as that. Please don’t complicate matters
Wow, some people can always find a reason not do the simple things I guess. Just vote bane
Good idea but wrong timing…let’s talk about this after the elections.
heavy. Nawamba nokulemba ama articles Ku LT. how is alabama. Mubwele ama Fractures yalemipembela kuno ku Zed. mmukese mukulungisha ba orthopod. i agree with refrendam but you know this joint they will just chew the money.
a referendum should be for the people by the people, this is what Zambia needs to move forward not this NCC forum.
the NCC is even more expensive compared to a referendum. how much are the people sitting on the board being paid? how are they picked?
I would also question how the NCC have the interests of the Zambian people at heart. their legetimacy as been the representative of the Zambia people i doubt. there is a risk that these chaps running this forum can be corrupt by supporting the interests of other organisations.
we need a constitution that is driven by the Zambian people and that is only thru a referendum.
#15 agreed refrendum will be cheaper and quicker. but you know these chaps want to give themselves hefty allowances under the pretext of doing national duty and speeking for the people. however, if am not mistaken there will be a refrendum after the NCC. i stand to be corrected.
Just do your scholarly work my dear. You’re just repeating same old debate.A referendum requires not only a census to preceded it but as someone rightly pointed out, you will have to translate it into 72 languages and a few extra languages for the the blind and deaf would take years to accomplish. All parties, after political persuasion, agreed to go the current way. However, others like Sata, the very architect of the anti KK constitution U turned in a bid to gunner popularity. We eat productivity not constitution. In this new cnstttn, hope there will be room to amend segments of it in a much easier but fair,democratic and cheaper way.
This is the danger of theory based knowledge that has no trait of practical judgement in the real world of constititutionalism, elections, democracy and change.I have personally followed the flawed arguments of this Dr. Emmanuel Makasa on many issues for some time now.The past three years friends in the faculty at the University of Alabama at Birmingham have kept questioning about Makasa who they describe as a dangerous impulsive chap.It is clear that the poor brother does not understand the process of a referendum or does exibit a clue of the process.Constitutional lawyers,political science & pulic policy scholars you have a challenge to help.
It is important to understand what a referendum entails before singing about it-consequences may be detrimental. A referendum or a plebiscite can be mandatory or facultative- which one applies to Zambia. Also referendum can be binding or nonbinding, the later is further subdivided into advisory and consultative. Voters in a referendum are more likely driven by transient whims than careful deliberation or that they are not sufficiently informed to make decisions on complicated or technical issues. Electorates only have yes or no on a proposal.What if one decides to be neutral due to unclear policy being proposed.
You don’t just print a ballot and attach it to the bye-election with a “yes or No’ box for marking. These are things my young brother Masaka can easily learn from the state of AL being one of southern states that has a history of real change politically. Also he has resourceful Zambian native legal and political science scholars based in AL in near by universities as professors.
Dear me, #18 & #19, what have are you on? I mean what have you been smoking? Sounds like you are one of those 100 graduates Zambia had at independence in 1962 who were busy writing thesis/dissertation /conference papers on how to free Zambia from the British, while simple men like KK, without any education to write about followed their guts and indeed got us the independence we now enjoy. To be honest, I have no clue about what you just said. Am sure there is an academic conference where they will understand you. Wow!!. We indeed have learned Zambians on this earth. What more can I say.
….. critical analysis will confirm that actually a referendum is fundamentally anti-democratic. Voters tend to be swayed by expensive ads and strong personalities.In most cases govts only concede them if the govt of the day is weak. some govts have been known to disguise oppressive policies in a veneer of populism- Hitler did it in Germany. Ask the germans why they have vowed not to use a referendum anymore!!! Hope this widens your scope of a referendum.
# 18, spare us the dust of your balls. Dr.Makasa is a Fulbright Scholar and has only been at the University of Alabama for a year and not the three years you are laying about. He is a student of public health and where on earth can the American department of state give a “dangerous and impulsive” chap such an opportunity? If you differ with his view points just say so and not lay about his personality and dignity. Be very careful lest you have legal action instituted against you because of your loose and unfounded scandalous allegations that you would have to prove. Remember in this modern world you can’t hide even on the internet. Watch your step.
Pabwato
gilt ones are always afraid go HH , GO SATA. RESULTS WILL BE DETERMINED IN THE PUDDING
#18 this is why we don’t want MMD to continue ruling us because of lies. Dr Makasa has never been at University of Alabama for 3 years. U are behaving like Namugala who sees RB buying votes and goes to attack the post publicly without shame. For your own information he has been here for a year and is doing well and contributing well to the development of mother Zambia. Go Go Doc. Bika point not personal attack. Chinshi abifya umukaamba. MMD Kuya bebele
# 18 you’re probably an illegal immigrant kuno after being a cadre pa katondo. Ikakuzandila nakuno tekanya. Ifwe tulefyayako abamano discussing their relevant view points pano pa sitting-room not mwe mbutushi rumor mongering chabe. Atase!!!
#19 thank you for sharing on the downside of direct democracy. in a realist world a referendem complements representative democracy.
thanks man