The Technical Committee on Drafting the Zambia Constitution has reiterated that it’s not within its mandate to discuss the mode of adopting the new Zambian Constitution which will be formulated after all consultative processes are completed.
Technical Committee on Drafting the Zambian Constitution Chairperson, Annel Silungwe said the Committee’s Terms of Reference was very clear on the matter.
Justice Silungwe said the Technical Committee has Terms of Reference given by the Republican President, Michael Sata to draft the constitution and not to determine the mode of adoption of the document.
He said the committee will not go beyond its Terms of Reference given by the appointing authority but advised delegates to remember that the mode of adoption is addressed in the guidelines.
The Chairperson explained that the work of the Technical Committee will come to an end once the Final Draft Constitution is drafted and presented to the Republication President.
Justice Silungwe was reacting to attempts by a delegate representing the Movement for Multiparty Democracy (MMD) Muhabi Lungu who wanted the House to add the mode of adopting the document on its agenda before splitting into Thematic Working Groups.
Another attempt to support the call to discuss the mode of adopting the constitution by Charles Kafumbo of the Zambia Direct Democracy Movement (ZDDM) was curtailed by Get Involved Zambia (GIZ) Executive Director, Father Frank Bwalya who raised a point of order to question whether it was orderly to repeat what the previous speaker had already raised.
The House was almost diverted into discussing the legality of the Convention after the Solwezi West MMD Member of Parliament, Humphrey Mwanza raised to ask but both National Revolution Party President, Dr Cosmo Mumba and the National Youth Chairperson for the opposition Forum for Democracy and Development (FDD) Antonio Mwanza defended the legality of the convention before Deputy Chairperson of the Technical Committee, Dr Julius Sakala responded to clarify the matter.
All this happened before the guidelines on the conduct of the delegates during the Convention were read to the House.
Meanwhile, a delegate from Western province has asked the Technical Committee to allow him present to the House the message from the Province about the Barotseland Agreement of 1964.
The issue attracted debate even before the Committee Chairperson responded to his request which led to the matter left unresolved as the House went for a lunch break.
But when the House reconvened, Convention Facilitator Muyunda Mwanalushi told the House that the Barotseland Agreement of 1964 and the mode of adoption will be considered in the Thematic Working Groups.
By Press time, the House was also expected to elect the Chairperson and the Vice Chairperson to preside over the deliberations of the Convention before the close of the day’s business.
ZANIS
I cant stand those mmd chaps trying to put their 2 senses into the process when theirs is a history of shattered hopes for the people of Zambia as regards a constitution during their tenure in govt
Annal Silungwe is knowledgeable kwati. What do you think bane?
Ba Nubian Princess, what exactly is your question? Knowledgeable on what? I dont think he is knowledgable on astrophysics. May be a certain speciality of law. Elucidate please.
Of are just stealing money here , didn’t they say they would complete this in 90 days? They can dupe fools certainly not some of us.
These thieves never get satisfied with what they have chewed all these months. These Africans just need bullets in their heads!
I think Muhabi Lungu needs a DMF (Dora’s Middle Finger)
@3 Mfumu – I meant knowledgeable on the subject at hand. What’s your point exactly?
Give the zambian people a plebiscite thru which to adopt the final docement.Insert a recall clause so we can throw Sata out before he does much more damage.2016 is too far off and we may not have a country by then.
What I don’t understand is why are they “stillworking on it” all this time? I thought most fo the job was done! Ni modyela ndalama chabe
@1. Al, you mean the MMD constitutions like the one that made the likes of Sata, Nawakwi, Luo, Sakeni dance in Parliament to the Ndendeule tune “Kaunda Alala”? My dear people like you should be reminded that as long as you continue to treat the constitution making process as the exclusive preserve of whatever administration is in power then Zambia will never come up with a constitution that will stand the test of time. This is a NATIONAL project and it is important that all aspects of the process are agreed upon by the stakeholders. In 1990 the Mvunga constitution failed because Kaunda thought it was his constitution. Then we had the Mwanakatwe constitution under Chiluba which has failed because Chiluba made it his own. RB and his NCC. Now we have Sata’s which is “PF owned”.
@ miss Kama sutra, I appreciate your very good comments but just one thing I need you to educate me; the test of time thing about the constitution bothers me my dear. I always feel that law should always be alive and all the time serve the pipo. Time changes and so are circumstances; law should never be made to last till thy kingdom come because it might then be the pipo serving it and tying them to a cripple. So let there be flexibility to change this law as often as possible as long as we put safety valves to prevent changing this law for personal/party agendas.
ba nubian prince whatever you call yourself, you sound like a grade four drop out. a learned person doesn’t need other people’s opinions to tell the difference between sense and nonsense. you can support silungwe for expidience but the truth about the adoption process is not debatable ‘cos part one makes it mandatory for referendum, so silungwe should not mislead some illiterates who just shout ‘hear,hear ‘
I think they ar just worsting taxpayers money.Bcoz all those committee members drafting the constitution ar just paperts.Sata is a dictator is going to dictate the constitution & no one gona opose it, u wana see wat wil happen.
I concur with the thoughts of many on this forum over the cost and length this process has taken. For those who are getting the allowances, this is immaterial. Look at how long the South African constitution took to formulate and adopt. So is the case with the Kenyan constitution. The Kenyans started well after our process and theirs is complete and adopted. What is so special with the Zambian constitution? Do not be surprised that what ever document that will be handed to the President, despite being promised a referendum on it at the begin, the goal posts will shift if the document does not satisfy the President and cheer leaders.
from previous experience it is the manner in which that matters. dont forget all past white papers have been good draft constitutions
Problem is we have a plebeian in plot1. How he is going to allow plebsites over this constitution beats the bagibees out of me. This the reason why Mohabi lungu asks for the mode of adoption.
because this whole sham has no constitutional backing. The only backing we have is that plebian in plot 1 and leaning on a dodgy amoeba like him is tantamount to virtual insanity.
Gentlemen and ladies, i am sure you have heard about process determining content. While all of us acknowledge the good clauses in the draft constitution, we need to get the process of adopting the supreme law correct. i am just worried about the calibre of some of the participants in this process. Frank Bwalya is a cadre. How come ordinary citizens, the taxi and minibus drivers, kaponyas, the disabled and the elderly have been left out. we clarity on the adoption process to safeguard content, especially that PF has made it clear they dont want 50 +1, recall of MPs, indepence of all arms of government, etc
This is a peoples constitution that has gone through a lengthy process before PF party was coined into existence. Its genesis constitutes of several previous committees in an effort to bring about a national constitution that should stand the test of time. As the process enters its final stage, no particular group of people should be seen as the authors of this solemn document. The legal fratenity in the nation should challenge the polititians to respect and adhere to this legal document unlike where presidents because of their status want to bull doze their personal agenda by blatantly disregarding the courts of law. That explains the reason for presidents to honour more foreign judges than our own. Legal proffesionals need to censure presidents over this practice that undermines lawyers
@#2, Nubian Princess, “Annal” really? Is that what is on the menu today?