The Technical Committee drafting the Zambian Constitution has disclosed that the soft copy of both the Draft Constitution and the Report of the Technical Committee are kept at the Ministry of Justice for security reasons.
The Committee further said that it has not handed over the final draft to the executive despite several attempts to do so.
This follows its completion of the work and failure to convince government for the document to be simultaneously distributed to the public and government.
Technical Committee Spokesperson Ernest Mwansa said in a statement that the Executive has found one or two reasons why the Technical Committee cannot hand-over the documents.
He said it is therefore unfortunate that an impression has been created that the Technical Committee has refused to hand-over the document to Government.
Mr. Mwansa said government appointees cannot refuse to hand-over the document to the appointing authority.
He said the Technical Committee is therefore prepared at any time to hand-over the document to the Government.
And Mr. Mwansa said the committee has taken long to react because of conflicting signals from the Government.
He has since welcomed the announcement by the state, through the statement by the Vice President Guy Scott to investigate the source of the leaked document and that investigations should be limited to the Technical Committee but be extended to the government as well since the document has also been in government’s possession.
Mr. Mwansa disclosed that the soft copy of both the Draft Constitution and the Report of the Technical Committee are kept at the Ministry of Justice for security reasons.
He has since implored Vice President Guy Scott not to insinuate that it is the Technical Committee which has leaked the document as that is prejudicial to an independent investigation.
Below is the full statement
TECHNICAL COMMITTEE ON DRAFTING THE ZAMBIAN CONSTITUTION
Press Statement
FOR IMMEDIATE RELEASE
24th January, 2014
Update from Technical committee
The Technical committee on Drafting the Zambian Constitution wishes to give an update on the current status of its work and respond to the challenge to explain how the document circulating in the media leaked.
1. Our Approach to the task at hand
The Technical Committee on Drafting the Zambian Constitution has conducted its duties and executed its responsibilities above board, in a non-partisan manner and in the interest of all the citizens of Zambia and for the interests of generations to come. We have insulated ourselves from being influenced by any one group, in order to allow ourselves the opportunity to craft a constitution that will genuinely respond to the aspirations of the Zambian people.
The members of the Technical Committee responded positively to the call to national duty, in the clear hope that finally, Zambians were at the cusp of giving onto themselves a people-driven Constitution. Our focus has been to listen to the expectations of the Zambian people and in so doing to ensure that those expectations are reflected fairly and equitably in the final document.
2. Hand-over of Draft Constitution and other accompanying documents
The debate on whether or not the Technical Committee has handed over the ten copies of each of the Draft Constitution, the Report of the Technical Committee, and the Constitution of Zambia Bill to the Government of the Republic of Zambia, has been raging on for some time now. In response, we wish to state the following:
i. As far back as November 2013, the Technical Committee made a public statement and announced that it had completed its work and was merely awaiting Government approval for it to print copies for broad circulation. The position as it stands today is that the Committee has concluded its work and there is no further work to be done on the documents – there is no fine tuning required;
ii. On 23 December, 2013, we expressed our desire as a Committee to urgently hand-over the documents to the Republican President, following our failed attempts to persuade Government to allow for simultaneous hand over of the documents to the President and the members of the public. From that date onwards, the Technical Committee has made several overtures to Government for it to hand-over the documents but it has been all in vain.
The Executive has found one or two reasons why the Technical Committee cannot hand-over the documents. It is, therefore, unfortunate that an impression has been created that the Technical Committee has refused to hand-over the documents to Government. We, as government appointees, cannot refuse to hand-over the documents to the appointing authority.
iii. It must, further, be remembered that the Terms of Reference given to the Technical Committee mandated the Committee to hand the documents to the Referendum Commission and not directly to Government. However, given the fact that the Referendum Commission is not in place, the Technical Committee proposed in its Programme of Work to hand the documents simultaneously to His Excellency the President and to the general public.
This position was communicated to Government and there was no objection to that proposal. And it is for this reason that the First Draft Constitution was handed-over simultaneously to the President and the general public.
iv. We as the Technical Committee are, therefore, prepared at any time to hand-over the documents to the Government.
3. Leakage of the Draft Constitution
With regard to documents that have been in the public domain, the Technical Committee has taken long to respond to the various allegations about the same matter because the Committee has been getting conflicting signals from the Government.
Conflicting statements from Government
The Minister of Information and Broadcasting Services, who is the Government Spokesperson, confirmed that Government was studying the document, and will inform the nation on its position concerning the contents of the document. Meanwhile, the Honourable Minister of Labour has told the nation that Government was still waiting for the documents from the Technical Committee. The question is: where have the documents which are being studied come from?
On the other hand, a public officer has cautioned people “not to be misled as regards the authenticity of any such document”. His Honour the Vice President has, never-the-less, ordered the Technical Committee to be investigated for having leaked a possibly fake document. How is the Technical Committee expected to comment on these matters? The Committee can only say that it is innocent of all the allegations being leveled against it.
Investigations
The Technical Committee welcomes the announcement by the state, through the statement by His Honour the Vice President in Eastern Province, to investigate the source of the leaked document. The investigations, we submit, should not be limited to the Technical Committee but be extended to the government as well since these documents have also been in government’s possession. Indeed the soft copy of both the Draft Constitution and the Report of the Technical Committee are kept at the Ministry of Justice for security reasons.
We implore His Honour the Vice President not to insinuate that it is the Technical Committee which has leaked the document as that is prejudicial to an independent investigation. His Honour the Vice President cannot be the judge, jury and executioner at the same time – that is extremely unjust.
Ernest C. Mwansa
Spokesperson
TECHNICAL COMMITTEE ON DRAFTING THE ZAMBIAN CONSTITUTION
So it was Kabimba who leaked it.Case closed.Next – Referendum
hahahahahaha,,, nice one
Don’t jump yo conclusions. Honourable Kabimba can never do such s thing. He’s an honourable man who’s been misunderstood by many people because of his firm principles. Viva Kabimba!!
Another tribunal for Kabimba, uyu ena umulandu alete balemulonga.
@Zigga
Is he really Honorable? The fact that people do not honor/ respect him, then, he is not honorable.
@Nostradamus
iwe Nostra… why are you sending tribunal utulumba to kabimba? the man is already under pressure
@ Zigga
Honorable Kabimba is “honorable” only by appointment and not by the People.
Another copy with watchdog!!!
We are not dealing with honest people here. Look, the govt has spent billions on this exercise and they are ready to let that tax payers money go down the drain just because of the love for power. We should not let that happen.
These people have no plan for the country and the earlier we hold them to account the better. The technical committee was composed of some of the most respectable people in society and to be dragged in such mud is a shame.
Vote PF out and let Zambia move forward please.
If the constitution can be leaked,what more an exam?hon.chewe
It’s so confusing, what did we put ourselves into as a country by voting fo these kaponyas?? Wasted my vote!
It is possible the cartel is behind ZWD. They want to weaken the predo them hit at the very end. They are like rats. Balalya nokuputilisha.
Prophet Chanda Chimba warned countless times?. N-way, it`s the price you pay for ignoring sound advice. Viva PF teach these docile Zambians a lesson. I will personally vote for Sata again so that he can continue until Zambian`s wake up from slumber. If you think am being to harsh ask your self one question. How many demos have you seen over the constitution apart from a church gathering?. Where in the world do you see citizens praying to influence government?. Serious people take to the street in numbers. How did Mubarak lose power if not for the power of demos. But here in Zambia at such a critical time in history,how many people can you see even with a placard at independence avenue?. ZERO. Any leader can take Zambians for granted even OBAMA can turn into a SATA if he was our Presido.
@Kangwa good point there. you made me laugh!
Agree with you, we Zambians are just too docile, we spend time trading insults on blog sites hidden behind a computer and failing to come out and face reality. The church to plead for the masses???!!! where has this worked in the world?? serious nations will stage mass protests to mount pressure on Govt if it has been found erring, and this has paid off in most cases. That is why these leaders have ended up taking advantage of us, let us wake up and face reality. By the way the constitution was not leaked but just given to the rightful owners who are the people of Zambia, what do you expect when the people entrusted with power keep on shifting goal posts?? we resort to unorthodox means to get that which belongs to us, period!!!
If only he was an independent freelance journalist, his message would have carried more weight and not an MMD stooge.
Ya he was paid by rupiah to scandalise mr Sata,it didn’t work.
Please don’t just talk. Lead us in the demos
What is the authenticity of the leaked document? Clarify that, the rest of the issues are useless.
WHILE I AGREE THERE ARE CONFLICTING STATEMENTS FROM THE GOVT WHICH IS SAD, THE TECHNICAL COMMITTEE HAD COPIES OF THE DOCUMENT ON THEIR LAPTOPS. ARE THEY TELLING US THAT THROUGH OUT THE ENTIRE WORK THEY WERE ALL USING ONE COMPUTER (PC) IN SOME OFFICE. YOU CAN TELL FROM THE TONE IN THEIR STATEMENT THAT SOME OF THEM COULD HAVE BE ZWD INCLINATION.
So what? What is confidential about a constitution? That’s why we lag behind in so many things, which other progressive nations are doing so well. Sata wants to bounce back using an ancient constitution. He is sitting on it until election time. We won’t allow it!
If I may ask, how was the ‘soft copy’ kept, presumably it was electronic. Do you mean it was just on one computer/device or what?
Yaba, what do you think soft copy is? Did you think it refers to texture? We have dull people in Zambia Kwena.
I have just re-read the article:
“We as the Technical Committee are, therefore, prepared at any time to hand-over the documents to the Government.”
So the Govt doesn’t have the document? It is still with the Tech. committee.
This statement contradicts itself on several occasions. First they say they handed it over to govt, then they say they are prepared to do it anytime, they also say it was kept by govt, who are again yet to recieve it despite what kapeya said. I guess its only fair to presume the leak came from the committee.
The good thing is that this confirms the authenticity of the leaked document, there is no doubt about its originality now. Good news at last !
No! it was in the governments possession, kept at the Ministry of Justice! And they were studying it.
So it WAS handed over.
10 copies were printed for a CEREMONIAL hand over.
‘Terms of Reference given to the Technical Committee mandated the Committee to hand the documents to the Referendum Commission.
However, given the fact that the Referendum Commission is not in place, the Technical Committee proposed in its Programme of Work to hand the documents simultaneously to His Excellency the President and to the general public.
We as the Technical Committee are, therefore, prepared at any time to hand-over the documents to the Government. ‘
So the technical committee wanted to change the terms of reference but at the same time do not want the appointing authorities to change the terms of reference to suit the obtaining situation.
Can you imagine the hypocrisy 🙂
The whole idea is to safeguard what the Zambians want,they know the appointing authority ‘s original intensions were good but as they came close to conclusion,Tc saw alot of change / conflicts of depriving the Zambians and it is at that stage that the Tc came up with release it to the president and public.
What are we discussing here, the document was to be handed simultaneously to His Excellency the President and to the general public. So if the public have access through a leakge then so what. The leakage is just another channel if someone does not want the public to have access, period. There is nothing to investigate apa, for what
Exactly – the TC does its job as per terms of reference and is ready to release it as per the terms, but one of the recipients (the President) is not ready. The other party (the public) who are ready receive theirs (one way or the other). This is only a leakage if it was explicit in a caveat: “in the case where one party is not ready to receive the report, then the party that is ready shall not receive the report as well” – to further qualify the term “simultaneous”. But one thing that is coming out now: it is the President delaying the Constitution? Why is everything controversial under this government?
A COPY IS KEPT AT THE MINISTRY OF JUSTICE FOR SAFE KEEPING. MEANING THIS DOCUMENT IS ACTUALLY WITH THE GOVERNMENT. THE TC ALSO HAVE A COPY OR COPIES. AND NOW THE PUBLIC HAVE AN ONLINE COPY. SO ALL ZAMBIANS ACTUALLY HAVE THIS COPY. MAYBE LET US CONCENTRATE ON THE MODE OF ADOPTION FOR NOW. WAITING TO FIND OUT WHO LEAKED THE DOCUMENT WILL JUST BE A “WILD GOOSE CHASE” UNTIL 2016. THE MOST IMPORTANT QUESTIONS TO ASK ARE THE FOLLOWING:
1. IS THE NEW DRAFT A GOOD CONSTITUTION?
2. DOES IT MATTER IF IT WILL CAUSE PF TO LOASE THE 2016 POLLS?
3. DOES IT MATTER IF IT WILL USHER INTO GIVERNMENT UPND, MMD, NEREP, PPP, UNIP ETC..?
4. ARE ZAMBIANS ASSURED OF EQUITABLE AND FAIR NATIONAL DEVELOPMENT BY THIS DRAFT.
IF THE ANSWER TO ALL THESE QUESTIONS IS “YES” THEN IT IS ONLY FAIR THAT THE DRAFT…
only dull of retards think kamimbya is honorably hes a thug and the dullest man backed by demons and a ka homo from that road kekekekk so kaponyas please shut the hell up
(CONTINUED)…… IT IS ONLY FAIR THAT THE DRAFT IS ADOPTED.
What is a SOFT copy mwebantu?
A soft copy is a document which is soft to touch in texture and software is something soft that you wear, like a woolly hat for example.
The opposite of soft is hard. A hard copy is the one which is printed. People say hard copy when they refer to a book that is printed and can be handled. Soft copy is one which is on thumb drive, flash drive or jump drive or diskette or in other words not yet printed but still in some medium.
@Chikomela Galu, you are spoiling Debos fun! I have to step in!
The opposite of soft is hard, like after you have taken Viagra. A hard copy is the one you made after taking Viagra and getting drunk one night. People say “hard” copy when the illegitimate copy is presented to you and your wife simultaneously and unexpectedly. Soft copy is one which is on thumb drive, flash drive or “jump” drive and you produced through marriage. In other words, not yet independent and still in some medium stage that costs you a lot less money than the “hard” copy!
Soft copy is hot potatoes presumably steamed on coal fire. I will Just asked grand pa. Ask your grands as well
hahahaha, I believe this to be true also
Wink. Wink. I will leak the ‘fake’ document to you via FB dear prez then we shall be on the same page… Pun intended.
Tech committee you have succeeded in confusing me. You either did or you didn’t and keeping a soft copy doesn’t count as the official handover to Prez and people simultaneously…
Slippery slope but you have lots of legalese speakers on hand so I’ll wait…
Since Kabimba has been widely known to have been championing for the creation of a Federal system in Zambia, through a “shelved-up” or his underground political party, it is quite possible that Wynter himself leaked copy of the Draft Constitution under the custody of his own Ministerial Office. Kabimba could have deliberately leaked the Draft Constitution with a hidden agenda to implicate and have some members of the TECHNICAL Committee on Drafting the Constitution punished. The iceberg is now visibly coming afloat for all to see from the horizon.
Nothing good comes out of the colonial informer he has no love for this country too many breaches by him nothing is done.
Why is it that its ONLY on Zambian pages I come across the terms “Soft” and “Hard” copy?
TC
so you wanted challah to write what to you as said in your first statement? both you and the GRZ are confusing us the people of Z. If people start fighting because of this possibly your incompetence then I will ask God to punish you all involved. surely you don’t have a humble heart for the people of Zambia. This statement is rubbish and too late. if you had informed us earlier then people would not go to the cathedral to protest.
Foolish you
Not surprised. Kabimba plus Sata = 1
Actually I think it Kabimba plus Sata = -1
More balls than brains!
Sick and tired of trash talk!
LEAK EXAMS IS MORE WITH NIPA CHECK IT OUT.
The so called ‘Technical Committee’ is also confusing everyone here, including themselves. It wasn’t so long ago when they quoted to be challenging State House to state whether government has received or not received the copy of the Draft Constitution. Now they say we in fact haven’t formerly released it to govt because the ’executive has found one or two reasons’. They haven’t stated the so called ‘reason or two’.
They are also saying the official soft copy resides at the ministry of justice so its possible the ‘leak’ could have originated from there. Is the soft copy on a computer? Who has access to the password? Or is it on a thumb drive, cd or dvd disk? Who access to the keys where the thumb drive, cd or dvd disk is kept?
Please stop all this blame game and start focussing on real issues that matter. Let’s start discussing how and when the constitution will be adopted for the benefit of all Zambians. It’s a shame even bloggers haven’t started discussing and debating the actual contents of the ‘leaked’ document in order to pre-empt any govt overtures to compromise and water down the document. It’s not the best document but any amendments should be to strengthen it not to weaken it.
In other places the online media could have been provoking the debate and leading the discussion by releasing extracts of the document each week for the public to discuss. I have a feeling this entire expensive exercise will end in futile / vain and I just hope I’m wrong.
Well,it was in order to safekeep the copies and if all done with honesty i see nothing wrong with what precautions were taken by the minister.
Now i read in the papers that the deputy inspector general has to worry about how people dance.To say some modern dances are suggestive and should be criminalised is nothing but ludicrous because even old traditonal dances are equally suggestive.Dance is a language of movement which can suggest many things.e.g.war,pleasure and even sexual appeal.It is in all cultures except in modern times ,a common culture influenced by media is taking over.It remains to the imagination of the viewer what any dance can mean.What should be encouraged is the promotion of culture education in our institutions of learning.Bass asibwene ajere!
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