A Governance activist has urged the stakeholders and citizens of Zambia to pay much attention to provisions under Article 100 of the draft constitution currently under view.
Maurice Malambo says the implementation of some provisions may prove problematic with time, adding that the same article clauses 1, 2a and 2b proves that either the president-elect or the incumbent shall not be sworn in to office until the lapse of the 14 days from the date of declaration of the electoral victory.
Mr Malambo stated that the article further provides that in an event of an election petition filed within the 14 days provision, the petition will take a maximum period of 60 days from the date of filing in of the petition.
He explained that the article provides that during the petition, all executive functions, with exception of the power to dissolve parliament and make appointments, will be executed by the speaker of the national assembly.
He urged the nation not to underestimate the fact that the 14 plus the 60 days of actual petition proceedings culminate into a period of 74 days which is too long to sustain a power vacuum.
Mr Malambo observed that this power vacuum, unfortunately, can make the country’s political system vulnerable to a combination of both legal and political schemes that would lead to a volatile political climate, a challenge to democracy and peace.
He emphasized that there is evident need to look at some of these provisions in a non-partisan manner and allow the best interest of the nation to prevail, adding that as a nation we must promote democratic provisions and practices that can create institutional capacity and integrity.
Mr Malambo stated that it is imperative to put on record the fact that the draft constitution is silent regarding the security of both the president-elect and the incumbent president during the period of the petition.
He further disclosed that Article 101, clauses 2a and 2b state that any person may file an election petition before the constitutional court to challenge the election of the president-elect as to whether that person has been validly elected as president or any other law relating to presidential elections has been complied with.
Mr Malambo said this provision implies that any person can petition the presidential elections even when such persons are not party to the presidential electoral contests, adding that this provision in its state and effect increases the chances of malicious petitions against the presidency.
He observed that over the years such practice would dilute the integrity of presidential elections and sanctity of the presidency.
This is contained in a press statement made available to ZANIS today, by Former Chairman for Education, Zambia Nation Students Union and Government Activist Maurice Malambo.
ZANIS
I salute Maurice, the critical analysis makes sense to me, These are issues we should be looking at intead of being partisan. Thanks.
Ruling government does not loose election petitions.
General you are right – how I wish the opposition would concentrate more on the consitution this time around – and not the crap of hh this sata that ….
Activisit Malambo is on firm ground with legitimate concerns which ought to be seriously considered by the constitutional technical group.
There will be no power vacuum, don’t mislead people. You have pointed out clearly that the Speaker shall exercise full executive functions except to dissolve parliament and make appointments, so where is the vacuum?
critical look at the constitution is important. we do hold elections to get the person most wanted to run the country. we dont want to hold elections and then we have a flawed constitution that will bring anarchy in the country. we need our own zambian constitution not foreign constitution….. no
Good observation.
Malambo has a valid point on this one, good observation, this is why the technical committee drafting constitution is encouraging every in the country to participate and show interest in reviewing the drafted constitution, so that people come up with observations like this one by Malambo. Unfortunately our friends on the other part of Zambia are tearing up drafted constitution and end up in jail.
New constitution, old constitution, same Zambia
let some of these powers be chopped problem with our constitution is we have given too many powers to the president that he not held accountable to the people. instead its the his employers who have put him in office who are held accountable to him.
In developed countries, where we are trying to copy this idea from, the Incumbent President remains in office until the President elect is sworn in, whether there is a petition or not. This ensures smooth handover from one President to another. It is this idea of ‘giving power to the Speaker’ which should not be entertained. There is certain information that can only be handed over to the President.
A petition can only be implemented when therz a dispute or an irregular Election result. Na fyluwa uku chita understand the basis of Maurice’s observation. What should be inclusive in the amended Draft is the reduction of Presidential Powers and a new swift clause on how to impeach a Presido out of office for abuse etc, etc.
I CAN NEVER trust PF! NEVER. Not their ka prez not their chi constitution! Sata calls himself a ‘SNAKE’.
If u hav a clue, propound on That Zambian!
welcome back Maurice..hahahaha..Zed has gotten rotten..
What tribe is Malambo anyway , why are u questioning our constitution policy
I knew this article would not pass without anyone referring to tribe. He is Tonga going by his name, but what he is pointing favours more people in government, so please leave tribe out of this. the constitution for Zambia as a whole and for all Zambians
The other provision I have worries about is the one covering the presidential term limits. I had this fear during RB’s reign and I still hold the fear and this is that if we are not careful the limit may walk out of the final constitution. This more so that the president supported the third term bid so someone else, I see him wanting a constitution that would not limit him should he want a third term.
Malambo i salute you on this one. what works for the west may not work for us here. we have polititians hell bent on deliaerate moves to cause disorder in the country and who knows what they would do during the period
I think that the Chief Justice must hold the temporary power of the presidential office because the Speaker of Parliament could be coming from a losing party and would therefore mess up things for a new clean incoming government.
the Draft constitution is not for bembas alone, PF inherited this Draft constitution from the MMD you know for sure that Malambo is Tonga so what Octopus paul Bwalya
Advanced and mature democracies like the USA swear in a president elect about 3 months after the election and there is no vacuum. It is a bigger and more complex country with multiple systems. Zambia is small and usually functions on auto pilot. Our president, the late Mwanawasa died in July and there was no President for 3 months and we survived. What I propose is that the incumbent stays in office until the president elect is sworn in and remove the clause that states that ministers positions are dissolved along with parliament. In fact I think ministers should not be parliamentarians. They will run GRZ until the new chaps enter office…..thus..no vacuum.
I am in America
This over dependence on the Presidency and inability to realise that sovereign power vests in the people and their institutions is what generates unfounded nightmares about power vacuums. If the consitution states that the Speaker will exercise executive power during the petiton where is the vacuum? Meanwhile, the provisons on the petition says it will be determined within sixty days, not on the sixtieth day. Nothing will stop the Constitutional Court from determining the petition within two weeks. Government is run by civil servants, not ministers as these only execute policy. The policy of the newly elected administration can hold on for 74 days particulary where the election has been shrouded in malpractice.