Sunday, June 29, 2025

Constitution will be best in Africa – Silungwe

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Committee Chairperson Justice Annel Silungwe
Committee Chairperson Justice Annel Silungwe

THE Technical Committee drafting the Zambian Constitution has assured that it will deliver a more modern Constitution than any other Constitution on the African continent.

Technical Committee Chairperson Justice Annel Silungwe said yesterday during a ZNBC live phone in programme that his committee would not fail but ensure the best and acceptable document was finalised especially that there was no interference from any quarter on the process.

Justice Silungwe said the Zambian Constitution would surpass the Kenyan Constitution of 2010 which was currently considered the most modern Constitution after the Namibian and South African Constitutions considered to be good.

“The final document would be a step higher than the Kenyan Constitution of 2010 which is currently regarded as a modern document in Africa.

“The technical committee is doing its best to give the best constitution that Zambians could ever expect,” Justice Silungwe said.

He was convinced that the technical committee would achieve what the people of Zambia expected it to do.

He said the technical committee had engaged eminent constitutional lawyers and experts in the likes of prominent Lusaka lawyer John Sangwa, constitutional expert Proffessor Michelo Hansungule from Pretoria University in South Africa, and another constitutional expert from South Africa Professor Chalskerson.

Others engaged are Dr Chaloka Beyani, former Zambian Chief Justice Mathew Ngulube, Justice Frederick Chomba, Proffessor Melvin Mbao, Eness Chiyenge and Gladys Mutukwa.

He said the technical committee was mandated in the terms of reference to engage local and international experts on Constitutional law.

Justice Silungwe appealed to all Zambians to do their best as well by ensuring that they made written comments to the technical committee as the committee would rely on comments from the public.

“No one should feel intimidated because all comments are important and will be taken seriously including those from people living abroad.

“So we urge people to debate the clauses and provisions in the draft document and then make submissions,” he said.

Committee spokesperson Simon Kabanda said all formal and informal comments would be taken into account including those appearing as letters to the editor in the print media.

He said the committee was also receiving comments from its facebook page and the comments box at Government complex in Lusaka.

Mr Kabanda however, said the technical committee would begin studying the comments by end of July.

He said the final document would be subjected to a national referendum while the technical committee’s scope of work would end with the production of the final document.

He said the referendum committee would be responsible for the Constitution there after.

The technical committee recently extended the consultation period for 50 days from the initial 40 days.

[Times of Zambia]

EDITOR’S NOTE

Please take time to read the DRAFT constitution and provide feedback to the Technical Committee. The technical committee has gone to great  lengths to produce a simplified version that is even easier to read. Even great is the fact that they have audio versions of the constitution for those of us who are too lazy to read, but would rather load the document on a smart phone, MP3 player or burn it on a CD and listen to it while we  drive around. Below are the various links you can download the Documents from

MAIN SITE: http://zambianconstitution.org
AUDIO or MP3 VERSION: http://zambianconstitution.org/draft-constitution-audio-version.html

Please Provide Feedback on either their site, Forum or Facebook page and below are the links

SITE CONTACT US: http://zambianconstitution.org/contact-us.html
FORUM PAGE: http://zambianconstitution.org/forum/index.html
FACEBOOK PAGE: http://www.facebook.com/zambianconstitution

 

If you are still old school, you  are catered for as well . Use Physical Address Below

The Secretary
Technical Committee on Drafting the Zambian Constitution,
Government Complex Conference Centre
P. O Box 50106
Lusaka
Lusaka
10101
Zambia

Telephone: +260211 236583

36 COMMENTS

  1. We need a lot of things mwe. Technology as Prof Chirwa is telling us, the Constitution as Justice Silungwe is telling us… Let’s go PF, deliver these eh. I am happy with the assurances from the Chairman.

  2. How can the kenyan constitution be both best and be after the South african and Namibian documents?But i do like many aspects of the kenyan document.Anyway,a consttution is a living document that evolves and changes with the times so its hard to say such or such is best.It will keep evolving.

  3. No Dual Citizen for Diaspora, then it wont be the best because you will deny us our birth right to belong to mother Zambia

  4. You can have the best constitution and still walk in poverty. they say zambia s the best destinination for investiment but people are still living in poverty, the tourism is not developed and our towns and cities are a mess.

  5. Don`t retire us at 65 please. We will be too old and fibble to go back to the land. Fix it at 60 years twapapata. It will still be a big benefit for the govt to defer payment of retirement benefits. I am 42 but already feeling tired.

    • lazy bagger! Old folks like Mugabe, Sata are not thinking of retirement here you are halfbaked and you want to call it a day already…. hehehehe…. KUKOSA BÉBÉLE

  6. Kamalsha, that cannot stop us from developing the document. Let get that act right then we can deal with your concerns as well. There are many things we need to get right mwana.

  7.  Mr justice tame the executive on the constitution outcome…. Clear DEMONSTRATE the separation of powers and independence of all 3arms of govt from executive. The constitution must state categorically the executive should not appoint leader of the Judiciary ,legislature and police. Also establish the POLICY INSTITUTE OF ZAMBIA to own policy and the development agenda regardless of govt change. Govts can only change methodologies of implementation and execution. Include also a THINK TANK to do the intuitive ,critical and intensive thinking for the state planning 150yrs from now, how Zambia gonna be. In fact all african leaders must rethink on the meaning of true independence- Leaders must CHANGE THE EDUCATION SYSTEM to aim at being own African inventors, manufacturers and producer

    • There can never be absolute independence of the three arms of govt. It can never work. The legislature needs the presidency to assent to its bills to be enacted into law. The presidency can interfere with the bills by either recommending amendments or even veto them. The presidency can even dissolve the legislature. Similarly, the presidency can again interfere with judgments of the judiciary using powers vested in it by way of prerogative of mercy. The judiciary also needs the presidency to execute sentences such as death penalty. The presidency can cause the judiciary to be accountable. Both the legislature and the judiciary can adjudicate the actions of the presidency. They can even cause the removal of the occupier of the office of the president through impeachment or otherwise. The

    • three arms of govt. make up govt. and must act together to facilitate governance. Else there be anarchy. The principal of separation of powers is meant to provide internal controls within govt. Each arm will be mindful of its actions because the other acts like a watchdog. In such an arrangement, you don’t expect excesses from any of the three. However, some people mistakenly believe that govt. comprises only the executive. The presidency seems to have more power over the other 2 because our system allows for the election of the president by the general citizenry. Therefore, he carries a large mandate. The legislature is similarly elected but in segmented units called constituencies. They need to act collectively to be able to have more power to tame the presidency. The judiciary has less

    • mandate since they are appointed through people’s representatives by way of ratification in parliament. They play an important role through interpretation of the law which both the executive and legislature have enacted. So the 3 arms of govt. must co-exist for governance to be possible. Any constitution that recommends total independence of these three is a bad constitution. They need to be answerable to each other, and through that to the general citizenry

  8. How can it be the best when you give powers to whatever idi.ot is in state house to appoint provincial ministers? In Kenya county governors and county assemblies will be elected by the citizens of each county. Silungwe you are rubbish. You are the generation that has ruined the country.

    • It’s one of the consequences of democracy. You elect an *****, you’ve to bear with him till the next election, or you need to invoke other provisions in the constitution for his premature removal

  9. Never mind the African Continent, or any other for that matter. We are Zambia, and we want a Constitution that will be best for Zambia.

    It is not a car or clothes we are talking about here to begin making comparisons and contrasts between our’s and their’s.

    Is that the reason why you are delaying in making progress?

    Think about Zambia, and Zambia only as you make/review the Constitution.

  10. Constitutions can never be measured and compared qualitatively, but how inclusive they represent the aspirations of the country’s citizenry, at home and in the diaspora.

    I am now worried !!

  11. The fact is there no modernity this chap is talking about when they have failed to address the powers of the president. It is nonsense. The main reason is failing to progress is because the president has too much power, if you vote into office a backward illiterate president he takes the country backwards. It is ridiculous for the Committee to play public relations when everything plain. They didn’t need to wait for contributions from the public for them to address the issue of reducing the powers of the president…and yet leave out important other issues like the Barotse Agreement so that it can be addressed once and for all. This exercise will be another waste of time and resources. We keep talking about the same things every time, it is ridiculous.

  12. Also, Mr justice tame the executive on the constitution outcome…Let the executive give you express powers thru a legal framework on which this constitution should stand,least u will be dribbled,&become a disgrace. Also in the constitution, Clearly DEMONSTRATE the separation of powers and independence of all 3arms of state(not govt) from executive powers.The constitution must state categorically the executive SHALL NOT appoint leaders of the Judiciary,legislature and police. Also establish the POLICY INSTITUTE OF ZAMBIA to own policy and the development agenda regardless of govt change. Govts can only change methodologies of implementation and execution. Include also a THINK TANK to do the intuitive ,critical and intensive thinking for the state planning beyond 150yrs from now,how zambia

    • Even in the United States the judges are appointed by the president subject to ratification by the senate.

  13. GOOD!! better than than the NCC what a mess. ZAMBIANS SHUD APPRECIATE WHAT THIS GRZ IS DOING……… AT LEAST FOR THE CONST AND FOI no one thot this could be done according to pipo’s wishes…. go ANNEL

  14. “… his committee would not fail but ensure the best and acceptable document was finalised especially that there was no interference from any quarter on the process … The technical committee is doing its best to give the best constitution that Zambians could ever expect,” Justice Silungwe said.

    Good, because the smart people of the Zambian Enterprise don’t expect anything less from you learned ones. Your number one job is do what “WE THE PEOPLE” want not what any other special interest group(s) want. It should reflect only the will of the people for it to be considered the best the world has ever seen.

    What else do you expect? We are Zambians after all, we are the best!!!

  15. As long as we are protecting our knowledge and creations we will no longer have individuals giving away the rights to the ‘finger piano’ or marimba and be able to legally fight if anyone pulls another scientific patent move like the basmati grain that people tried to control to the detriment of Asians. Let’s get those sculptors and wood carvers earning royalties and end the old school record company models that appear to allow vested interest to earn what should be going to writers of works. When we see the value in even something as simple as what can be earned from a photograph of a zebra we will realise how much money we’ve let slip through collective hands. Still pushing for the right to own one’s creations to be constitutional. Good luck Zed :)

  16. ok we will be waiting,hop not for a long time.put the politicians on a minimum wage and watch how fast things change and we should be looking to hire a professional president

  17. And i will continue travelling around the world telling Zambians abroad to go back home and mocking them that they are not as rich as I and will never have dual citizenship.

  18. only if the dual citizenship is removed shall some of us consider it good,lets not copy things which will disadvantage our children in future to be called zambians kwasila no other country please

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