Thursday, March 28, 2024

Experts agree on by-election proposal

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Milanzi Parliamentary by-election Returning Officer Mukiti Lukonga, talks to MMD campaign manager Dr. Eustarckio Kazonga and  candidate, Whiteson Banda during the filing of nominations

A parliamentarian yesterday laboured to convince experts and professionals on constitutional matters to consider a clause in the constitution that would bar Members of Parliament who cause unnecessary by- elections by resigning to join another political party.

Lubansenshi Independent Member of Parliament Patrick Mucheleka pleaded with delegates attending the sector groups convention in Lusaka to add
a clause that will stop defecting MPs from contesting by – elections and further bar them from being appointed into civil service as a way of
reducing on unnecessary by- elections.

The Law maker who is also part of the professionals and experts tasked to closely look at the representations of the people sector at the ongoing sector groups’ convention said some MPs are induced to defect from their political parties in order to take up positions in the civil service thereby causing by – elections.

He noted that by elections cost the country a lot of money which could be used on other developmental programmes but further noted that some
by – elections such as those that arise due to death are unavoidable.

And Chairperson of the group Francis Chigunta noted that the constitution provides for the holding of a by- election and that no article in the current constitution bars members who cause such from being appointed which he said could be stopped if an article or a clause is added to the existing articles to ensure that such MPs are pinned down.

Contributing to the debate Southern African Centre for Conflict Resolution of Disputes (SACCORD) Information Officer Obby Chibuluma observed that some MPs feel they are not accountable to the public because they have no job descriptions which would be used to pin them down when
they go wrong hence the need to enact a law to regulate their privileges.

Mr. Chibuluma said the need to ensure that MPs stop crossing the floor should be looked into seriously adding that the trend can only be
stopped if there is a legal provision in place to stop them from defecting anyhow.

However, after a long debate, the convention unanimously agreed to the proposal but did not decide whether it will be a stand alone or as a
clause in an already existing article.

Earlier, the group facilitator Kasuka Mutukwa who is also an expert in governance issues observed that the country’s electoral system is very
weak to offer a free and fair election.

Dr. Mutukwa said there is need to strengthen the electoral system if the marginalized groups such as the disabled and women are to participate fully in an election.

He noted that the current electoral system only favours the politically strong and can be easily manipulated by the party in power because of the way commissioners are appointed and the funding system.

Meanwhile, contributing on the same topic, UPND Secretary General Winstone Chibwe said there is need to find a better system of appointing commissioners to serve at the Electoral Commision of Zambia.

He objected to the current system where the republican president is the appointing authority.

Both Mr. Chibwe and Mr. Mucheleka noted that it is possible for commissioners to favour the appointing authority in order to protect their jobs hence the need to change the system.

He said people have no confidence in the country’s electoral system which could be proved by the number of electoral petitions in the past elections.

He cited the 2006 elections as the worst elections ECZ has ever conducted where 65 parliamentary seats were petitioned while in 2001
41 parliamentary seats and 3 petitions in the Presidential elections were filed.

Commenting on the declining number of women participating in elections, Mr. Chibwe said political parties field best candidates who
could win a parliamentary seat regardless of their sex.

He said women are given the opportunity to contest elections but that they fail to win which leaves political parties with no option but to pick candidates who have the capacity to retain or scoop a parliamentary seat.
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Mr Chibwe said his party like others have been giving women, youths and the disabled persons chance to participates in elections but that it will not be forced to field a candidate based on their gender.

29 COMMENTS

  1. The clause to bar MPs who cause by-elections from recontesting is very progressive and it builds up towards fairness in our democracy. Delivery of services to Zambians should not be at the expense of by-elections caused by selfish individuals who believe they own or can manipulate Zambians. As a further restraint to defections based on greed as is the case, the clause should include a defector becomes an ordinary member to the party defected to because that party has members who sacrificed other things for it, worked and bult it up to where it has achieved. Its unfair to such members when defectors are rewarded while original members do not see any reward of their labour. PF party is typical of this unfair practice and for fear of wrath from one man ordinary members suffer inwardly.

  2. Somewhat that is against democratic principles but considering we are nowhere near the necessary civilisation in which democracy can flourish, one has to support any safeguards that will exclude political prostitution and politics of the belly. Nonetheless I think the baring of such should be limited to the 5 year parliamentary cycle.

  3. why should the MP labour to convice the experts? Are they true experts or what?The MP had a valid point and I don,t see any reason why the so called experts needed to argue. What agenda do these experts have? I smell a rat,they will remove it when they meet Kabimba.

  4. Hichilema and Mumbwe are going to oppose that progresive idea! wait and see! Thumbs up ba Mucheleka, we are going to save alot of money which is usually gobbled through unnecessary by elections! No more political prostitution!

  5. They should only be allowed to contest after a 5 yr term has elapsed and one can only be MP for only terms with effect from 2001.

  6. They should only be allowed to contest after a 5 yr term has elapsed and one can only be MP for only two terms with effect from 2001.

  7. I don’t support this suggestion! It goes against the basic principle of democracy. Democracy is a governance option that costs money and it is against the basic tenets of Democracy (i.e. Freedom of association) to bar MP from exercising their basic right solely based on that by-elections are costly. Find a cheaper way of holding bye-elections. Say for e.g. the way Given Lubinda was being hounded in the PF and he couldn’t work with the party any longer and resigned to join UPND or went independent, why should he be bar from recontesting the Kabwata seat? If comments on this blog or ZWD are to go by Lubinda is still very popular in Kabwata and people still want him despite the fact that he would have resigned/defected from PF. Bottom line DEMOCRACY IS A COSTLY VENTURE deal with it!

  8. The right of any elected official to resign her or his position is sacrosanct. That is why it is guaranteed under existing constitutional arrangements. Councillors and MPs ought to be free to exercise their right to quit. At the same time, they ought to be free to join and then recontest using a party of their own choice. By elections are very democratic instruments for building confidence in the electorate and building the capacity of the legislature to manage political differences democratically. Leave by elections alone and deal with skills training and employment creation, deal with infrastructure development.

  9. Wholesome democracy as a concept is not possible in the real world. This calls for checks and balance to avoid abuse and prevent circumverting the core virtuals of democracy. Left by itself a tyrant will unleash threats if not voted for or any fool with money will pay off their way and sit in parliament perfoming their personal agenda. Clauses to bar and prevent electral abuse shape democracy to fulfil its concept fully.

  10. This is a bit tricky and should nopt be looked at in isolation. What happens if the MP is expelled from his party?

  11. The MP put it very clear that those MPs like Musamba, Namulambe who willingly cross to the other party for the sole purpose of wanting to belong to the ruling party. That is what is costly and indeed the exceptions should be there. Political parties should also work to prevent unnecessary by-elections. This cannot be achieved by one group but by all the political players. This propose is therefore, a good start in the right direction and it should be supported while other measures are to be included and considered!

  12. No, they should NOT be allowed to recontest the resulting bye election if they resign but it would be wrong to stop them from joining any party of their choice.

  13. Appointing ministers and deputy ministers from out side parliament.will remove the motivation of crossing to the ruling party. The ruling party will have limited carrots to dangle

  14. That’s the way of thinking best contribution i really like it i wish we had a hundred of MPs who can think like that. just hearing the contribution I wouldn’t even like to know the party he comes from but that’s the way leaders should be able to think. have a hundred of such people the country can develop.

  15. Once this is introduced, you can kiss democracy goodbye!. In Zambia, we have this tendency of introducing laws targeted at certain individuals without looking at both ends of the problem and considering the damage the law will do. The major problem is the opposition party leadership themselves who are causing these by-elections. The rate of expulsion of MP’s by leaders of the opposition is not acceptable, MP’s should not become mouth-pieces of their party leaders, they should be voices of their constituencies and be free to say or comment on anything affecting their constituencies or the nation. At the moment, we have MP’s who are afraid to criticise their leaders for fear of expulsion and this will get worse when this law is implemented. Freedom of association is key for democracy.

  16. Democracy is not cheap and we knew this when we adopted multi party politics. When we start preventing people from exercising their rights like what club to join or from changing their views on certain issues, then we are entering undemocratic waters. The powers of the parties to expel their MP’s should be amended and replaced with a recall law. People in the constituencies should be given powers to recall their MP if they are not satisfied that he or she, is representing their interests and if they are satisfied, the party should have no power to expel them. The parties should only be allowed to expel their members if they have broken the law and not for personal differences with their leaders or for criticising them or the party. Restrictions will lead one party democracy!

  17. well said bt feel our consitituation wl nt stand a test of time bcoz it is a situational move. human rights activists wl speak against that in future and it wl be changed. it wl be fair to incude a close that wl bar political parties from expelling mps opposing the parties move or side wth another party so as to save money.

  18. We should also make sure that those standing for elections including presidents should have a medical certificate declaring them fit to contest elections. For councilors only one medical officer to certify, for MPs, at least three medical officers and should all be in agreeement to certify but for presidential candidates seven senior medical officers (consultants) to certify and they should take an oath before the Chief Justice.

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