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Grand Coalition expresses strong doubt over new Constitution delivery by 2016

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Leonard Chiti
Leonard Chiti

The Grand Coalition on the constitution has accused the the PF Government’s trick of prolonging the process of enactment of a new constitution under the guise of refining the process.

In a statement released to the media today, the Grand Coalition said that there are already inconsistencies which by and large vividly proves that the PF Government may not be committed to delivering the much awaited constitution by 2016.

The Coalition further said that there seem to be a mismatch between the spoken word and the written word in the Government’s roadmap, saying that thehmismatch could be the reason President Lungu refused to sign the social contract.

Below is the full Statemement

STATEMENT BY THE GRAND COALITION ON THE GOVERNMENT RELEASED ROADMAP AND PROPOSED GUIDELINES FOR THE PUBLIC VALIDATION PROCESS ON THE CONSTITUTION MAKING PROCESS

JCTR, 3rd February 2015

May I begin by welcoming you all to this press conference, the first since the election of the new Government on January 20, 2015.

Allow me therefore on behalf of the Grand Coalition to congratulate the Patriotic Front (PF) and specifically His Excellency President Edgar Chagwa Lungu for emerging victorious during the elections. We would also like to congratulate all the other ten (10) candidates that participated in the elections for actualizing our democracy. The just ended elections have once again demonstrated that Zambians are a peace loving people who are ready to live by the tenets of democracy regardless of the price. This has been demonstrated by the smooth transition and calmness exhibited by the losing candidate.

With the election behind us, it is now time to focus on our future – the future of our great country, Zambia. Zambia today is faced with numerous social-economic and political challenges which are as result of weak and undemocratic legal framework in the name of the republican constitution. For a very long time now, the Zambian people have yearned for a people driven constitution, which would embody their wishes and aspirations albeit social, political and economic. However, this has remained a pipe dream over the last 50 years of Zambia’s existence.

Successive governments over the years have failed to give the Zambian people a good constitution purely because of selfish political motives and preservation. Since independence in 1964, Zambia has seen five attempts at reforming the constitution. The PF of the late President Michael Sata made promises to give Zambians a new constitution within 90 days. The current President Edgar Lungu during his campaigns also promised that he would priorities the enactment of a new constitution. We are however concerned with the recent contradictory statements coming out of President Lungu on this very important national matter. Today we are however focusing on the Government released Road map on the constitution making process.

1.0 Institutional Set Up and Preliminaries

We have noted with concern in the Government’s roadmap that they intend to prepare Terms of Reference for what they are calling the Constitution Implementation Team (CIT). It is our view that this will be indirectly reopening the whole consultative process which we believe has already been undertaken by the Technical Committee Drafting a new Zambian Constitution dissolved in April 2014. In our view this small team from TC should be reconstituted to finalize the final draft constitution to harmonized some of the contentious issues by incorporating public comments that will be made during the validation process instead of appointing new people altogether.

2.0 Public Engagement and Consensus Building

From the Government roadmap, this process is not clear on who the process is targeting. The Government says it will identify and appoint an independent group of eminent persons to spearhead the consensus building processes. However, from our perspective, this process is not clear on who it is targeting and what value the additional validation process will add to the constitution building process. The validation process is too long and we wonder how else this process will differ from what has already been done by the Technical Committee. The process is also open ended with no legal framework which is in line with the current constitutional principles. Our view is that this whole process is not necessary. If Government was really committed to enacting a new constitution, they should have put in place a legal framework to guide the process.

2.1 Appointment of Independent Group of eminent persons

In the roadmap Government intends to identify an independent group of eminent persons to spearhead the consensus building. Again our view is that this process is not clear as to who these eminent persons are and what will be the guiding principle for their selection. In our view this will be a waste of time and resources as the CIT will also have done this process. There is also no legal framework that will guide the work of the GEP. For instance will it be pursuant to an Act of Parliament in line with the Constitutional authority like Articles 33 and 44 or another authority will be used to appoint the GEP? We challenge government to be clear on this matter.

3.0 Referendum Process

The roadmap envisages the appointment of a Referendum Commission. If the National Referendum is on in 2015 and the national budget only provides for K29 million, this raises questions as to where resources will come from and also on the commitment of this government to honor its promise of prioritizing the constitution delivery process. The rhetoric from government does not match the actions and processes from the leaders. This is a clear testimony that government is not committed to pursuing a referendum as a mode of adopting the constitution. Analyzing utterances from the President, it is clear that the new PF administration is pursuing a path of partial amendment to the constitution. Already, the President is appointing parliamentarians from opposition in his effort to garner enough support for this evil scheme.

Government should engage seriously on its commitment to the referendum with strong advocacy messages and community mobilisation. There is need to review the Referendum Act before appointing the Referendum Commission. Therefore, we want to warn government that the grand coalition will not accept any partial amendment to the constitution and will engage all relevant stakeholders especially parliamentarians to stop this process before it is hatched in the National Assembly.

3.1 Appointment of Referendum Commission

From the Government roadmap, the appointment of the Commission comes before the amendment to the Referendum Act, which we think, will be problematic. This will without doubt cause some challenges as it is not clear what would happen if anomalies are discovered in the current Referendum Act with regard to the appointment of Commissioners. We therefore recommend that the appointment of Commissioner be done after the amendments to the Referendum Commission.

3.2 Experts planning workshop to consider different technical solutions for establishing Electoral College for the referendum

Similarly, it is not clear as to how it will be done given that the referendum Act itself provides for the process of establishing the Electoral College. The roadmap does not state who is going to determine this process and under what authority?

3.4 Public sensitisation and awareness on the referendum and its modalities

There is need for more time and resources for this process. This process should be very comprehensive so that the public are made aware and participate in this very important national process.

3.11 Drafting the constitution of Zambia Bill

There is no provision in the roadmap to publicize the Constitution Draft Bill before it is presented to Parliament. We recommend that this should be included in the roadmap if government wants to proceed with the same and also ensure that the Bill is verbatim of the final draft constitution.

3.11 to 2.16 Process from drafting the Bill to second and third reading in Parliament

This whole process is not clear on its modality of soliciting constitutional change. For example, it is not clear whether it is a two-phase approach i.e. amendment of agreed Articles and then the Bill of Rights changes adopted through the National Referendum before 2016. The whole process in the road map (from 3.11 or 3.16) seems to be suggesting a two process of enacting the new constitution with fears of Parliament disregarding people’s wishes (especially given that there is no law barring Parliament from debating any process of enacting the constitution.)

CONCLUSION

It is clear that government wants to prolong the process of enactment of a new constitution under the guise of refining the process. As demonstrated by President’s pronouncements in his inaugural speech and also his remarks during the swearing in of part of his cabinet, already inconsistencies which by and large vividly proved that the PF Government may not be committed to delivering the much awaited constitution by 2016. There seem to be a mismatch between the spoken word and the written word in their roadmap perhaps that is the reason President Lungu refused to sign the social contract.

We therefore, wish to express our strongest reservations to implementing the roadmap in its current form and character. As a Coalition, we shall continue sensitizing the Zambians on the need for a new constitution before 2016. We shall not sway by some NGOs that have become spokesorganisations for the new government with regards the holding of a referendum. Our duty is to put the eyes on the ball.

We shall continue with our “No Constitution, No Vote” campaign especially that we are only a few months away from the 2016 Presidential, parliamentary and local government elections. It is our instruction once again to our members and structures across the country to intensify the campaign against leaders who are showing non-committal to the delivery of the constitution in the shortest possible time.

Issued by: Fr Leonard Chiti
Chairperson of the Grand Coalition

46 COMMENTS

  1. Whoever thought pf would deliver on this one then must rush to Chinama hills hospital and have his head checked.

    • We warned you not to believe these liars. But it seems the people of Zambia are used to being lied to. Another “Don’t Kubeba”, Part II. Suffering is Zambians best friend.

    • Grand coalition chairperson in double standard. he speak one thing and does the other. Apart constitution issue, do you have other engagements you can do instead of flogging the same horse?

      the constitution is not a copy and paste document. it require patience and all procedures to be followed. find something do and do not play to the gallery.

    • So, stop complaining and just enjoy PF lies and deceit. There is no way Edgar can allow the new constitution which has the 50%+1. He know that once that once that is accepted. Edgar Lungu and PF will go into oblivion. At least with the current constitution, they will still be able to manipulate the votes to suit themselves. They will make sure they delay the process until after the 2016 general elections. Wake UP!

    • I think we need to be pragmatic and realistic in how we discuss national matters.
      It is evident that even the draft constitution has gaps that have been exposed during the events leading on from Sata’s death. In my view, it is only sensible that we review the constitution taking into account the issues that we have picked up including the battle between Lungu and Scott for the “Acting Presidential Position”.
      Then process has to be allowed to take its coarse and not be rushed simply because a want a new constitution.
      It has been recommended that we should have a referendum on the new constitution before it is enacted. Now those with critical thinking and evaluation skills, can you realistically expect to deliver a good constituion and conduct elections in 18 months?

    • St@p#d Grand Coalition. So you believed that Chagwa can give you a people driven constitution? How many times should PF lie to you to believe that they are not in government to serve but to plunder? HH signed your social contract but because of his tribe, you would rather have plunderers as your leaders. That is why we southerners think maybe we should seriously look into the former Northern Western Rhodesia issue and rule ourselves with our cousins who are serious with governance.

    • Referendums are a big and expensive exercise and so are elections. In the case of the referendum, we also need to expend time and money on educating and sensiticing the general public particularly those in rural parts of the country. Simply doing it for the sake of the few educated will render the process useless.
      Therefore such calls intended only to criticise even where logic suggests it is better to review the draft, does not help anyone but pulls the nation back a couple of steps.
      Very unhelpful.

    • @Mee too promises, MM Le Grand Patron and ganja farmer
      I have warmed up to Lungu’s leadership and I am prepared to put on record that “I have faith in Lungu” to deliver a new constitution but, and rightly so, not in the next 18 months.
      The process and what is involved (and the draft needs further review) in educating the masses about the constitution and the referendums etc will consume the 18months we have before 2016 elections.

    • Seriously, the Grand Coalition needs to wake up early from their slumber. Now they are crying foul after welcoming the visionless Donchi Kubeba illusions of Lungu regarding the constitution.
      Beaten once twice never! Grand coalition should have stood ground when they said that, “No Constitution & signing of the social contract, no vote” but alas! For how long will PF continue to deceive yous?
      Please Grand Coalition, there can only be fire with smoke, otherwise PF will continue to treat this imperative issue as a cheap & their campaign profanity!
      The constitution is the masterpiece of any country, but the “animal one” has produced dictatorship regimes of KK one party system of 27 years. Its February but not cabinet, this is a joke!
      The Skeleton Key
      ~206~
      Bones of…

    • WHY DOES GRAND COALITION ALWAYS WORK ON IMAGINATIONS. AND BELIEVE THEIR IMAGINATIONS, LATER ON PUBLISH THOSE SAME IMAGINATIONS? DID EL SAY THAT HE WON’T DELIVER THE CONSTITUTION? SOME ORGANIZATIONS HAVE NOTHING TO DO. THIS IS A WAY TO APPEAR RELEVANT/FUNCTIONING. PLEASE GIVE US A BREAK!!!

    • Look at yourselvies. The constitution cannot and should not be rushed,
      Lungu may not be there 20 years from now, what about the consititution?, should we make it in 3 months in order to apease people to vote for PF in 2016?, and then after 5 years we come and say no, its not the type we can use?,

    • Its another don’t Kubeba.Thats your baby the so called North Eastern Rhodesians or Zambians,as in North western Rhodesia are no longer interested.We just need our Barotseland back.We are fade up with crooks and liers.We shall use all means to return to self rule.we shall rename our country Zambezi and call for election to elect our president to manage our resources from Solwezi copper mines,The copperbelt,The Mumbwa gold mines,Nickel, platinum,in Mazabuka and Uranium in Siavonga not forgetting our coal in Maamba.Our fish in Zambezi and Sugar and Rice from Baroste plains.We shall leave the Litunga as ceremonial King,like in UK.VIVA ZAMBEZI and its people.

    • are you calling Lungu a liar??, are u all out your minds?, you have a chicken memory!!!,,, What did Lungu lie apart from being realistic with the compaigns?

    • You should be the first one to rush to Chinama first. Grand Coalition have their own agenda and they should not think they know it all by being apprehensive. The roadmap is there to show how the new constitution will be achieved with indication that it will be achieved before June 2016. They patronised EL to sign their contract and he refused. They are just ashamed of their act because it showed that they had a preferred candidate.

      They should also know that they do not have the monopoly of wisdom, knowledge and intellect.

  2. This constitution cannot be enacted in its entirety how can they enact if it threatens their stay in power?they would rather sacrifice the peace that can come about because of a new constitution
    Even their illiterate followers like BBC,PATRIOT ABROAD,EDDY SECRET CODE etc you will hear how they will yap,they can’t appreciate the peace benefit the new constitution can bring to try and unite the three nations of N/western Rhodesia,Barotseland and the poor N/eastern Rhodesia.

    • Beware NGOs. All he wants is to be put on the Committee so that he can start chewing. The man has just got into office and you want him to do 1 million things? Even at Club level things don’t happen like that. Even though HH had signed that so called Social Contract he would not have started right away on this thing called…….Farmers want this this wants this……. patience people. The man wants to go to a quiet place where he can choose a cabinet quietly and properly…… we all get excited HOW CAN HE GO ON LEAVE. By the way how do you know he hasn’t started looking at it? You want him to tell every day that he has reached page 1 of the so called……?

    • For 5 years UPND/MMD spent time at the National Constitution Council discussing how to bar Sata from standing and came up with nothing.

    • I hope you know that the Eastern province is Zambia’s number one bread basket now. If you say northern province, then I shall believe you.

  3. leave us alone .we are still kolopakolopa dot com.wait we settle now his excellent is dealing with appointments of cabinet up to april there after we start talking about constitution.infact before that we need to complete the road projects .Grand coalition shud find something else to do.
    ki ki ki ki

  4. Ba Chiti, don’t talk too much naimwe ba “Priest”. I thought every clergy needed to have faith but I don’t see it in you father Chiti. H.E. the President mr. Edgar Chawa Lungu has said he will deliver the constitution to the Zambian people before 2016 and we expect you to support him on this score.

    Needless to say, the constitution has to be one with very minimal flaws ’cause it cannot be 100% perfect. Don’t forget too that the constitution is not the only thing that the President is working on, they are equally other pressing matters that needs his immediate attention such real poverty reduction, youth employment, agriculture issues, mealie meal prices reduction, cement price stabilization and overall the major infrastructure which shall be the cornerstone of our economic growth…

  5. IGWEEEE YA YA HEAR HEAR PIPO LET US WAIT FOR CABINET TO BE COMPETED AND THESE BAROTSELAND ISSUE TO BE SORTED BEFORE WE MAKE OUR CONSTITUTION

  6. Give PF time to work on the constitution. The question is that Edgar Lungu has just been in office for not more than a week. How do you expert to give you a people driven constitution when no much time is given. Edgar has shown and proved to you and the nation at large that he is a listening president what is their to Punic you grand coalition. Ba Fr Chiti it not yet 2016 for you to start crying about the constitution. Please do not detract our head of state s mind by bringing issues that have been resolved already. You are just a time waster. Let Edgar concentrate on important issues than listening to a coalition which has no direction

  7. IF IT COMES FROM PF, IT’S LIES! WE HAVE LONG WARNED YOU ZAMBIANS ABOUT THESE PF CROOKS, BUT DON’T WANT TO LISTEN. LUNGU IS A CROOK AND A CRIMINAL, JUST LIKE MOST OF THE OTHER PF CROOKS . YOU WERE GIVEN AN OPPORTUNITY TO VOTE FOR HH AND UPND FOR QUALITY, DILIGENT AND HONESTY LEADERSHIP, BUT YOU REFUSED BECAUSE YOU ARE USED TO MEDIOCRE LEADERS AND CORRUPT LEADERSHIP.

    • HH and group are not quality because they are not yet tested. Quality is what you test and experience. PF has just been in office for three years and you want them to deliver heaven when past leaders failed in the last 47 years.

      At least they have shown commitment let them finish their tenure and judge them accordingly.

      You are saying PF and EL are cooks, you must be a crook too for you know that they are crooked.

  8. I said it in my earlier post have you heard now this SECRET CODE guy ati constitution is not a priority awe mwandi!

  9. Fr. Chiti or chita come down a lot of us Zambians are not the fans of the constitution but to deliver development, the opposition failed to win the election although they made a lot of noise about he constitution. We shall move at our pace and don’t bush Edgar who is on the right path.

    • that development can not come if their is no proper constitution to govern this country. I have notice most people commenting have shallow minds. a constitution is like a bible for the country. if u are eating with EL. Please keep quite and let the people like father chiti speak for the voiceless Zambians who have no opportunity to air their views because their MP are not useful.

  10. Fr. Chiti, you decampaigned HE EL because he did not sign yo so called social contract. But you failed to succeed. What makes you feel u can succeed now with the propaganda u have started. Many of us the Catholics fail even to understand u. Who are u working for? Is it the people of Zambia or u just want to make a name like Frank Bwalya did? Do not waste your time.Follow what the majority say.That is all. People want food on their tables, they want jobs, they want quality healthy services and they want good education. The constitution is but just one item in many. You, Father Chiti, are not talking about corruption, about poverty reduction and illsfound in our society today. Work up and fight for people’s short and long term needs. Please Father Chiti!!!!!!!!!!!!!!!!!!!!!

  11. What did you expect from a bulk carrier (chibuku drinker) lungu? HH gave you a clear road map while EL said me too and see where you are now! Back to square one. Just start de-campaigning now so that he feels the heat.

    • You must be a blind follower of HH and his group. HH never showed any detailed roadmap apart from just talking about a non existing roadmap. If you have one from your HH and group show it and you be amazed that he has a skeleton of it. EL has produced a detailed roadmap which even shocked doubters like CHITI. The NGO now has nothing to show rather than being apprehensive and short of being objective.

  12. The current constitution only serves the north eastern rhodesians because it allows plunder of national resources. They dont want a people driven constitution because stealing is difficult then.

  13. This Coalition is full of educated f**ls. You should have known better that EL had no vision of his own only that for late Sata; so why all this noise?
    You are a batch of people without teeth and are just misleading people like PF. Forget this rubbish until we elect a proper GRZ; FULL STOP!

  14. I would kindly request that when enacting the constitution if you can include that , any one peddling tribalism be committing an offence against the state , this be a crime in the republic of Zambia, thank you

  15. The Constitution should be one which can stand the test of time. There should not be a rush to enact it. Let’s have some maturity and objectivity here. There are clauses which need to be reexamined and thought through like the 51%. Where in the world other than Zambia in 1991 when plural politics came into being have we seen a president get 51% or more?
    Grand Coalition think about the repercussions of your statements. Let’s not cause undue excitement please.

  16. Give government a chance. The government is an important national foundation. Certain civil society organizations usually ignore practical issues, such as building trades training institutes, schools, hospitals, hospices, orphangaes, etc. They pretend to provide political solutions to the same ideological battles that generations must inherit. Constitutional amendments and reforms are thorny and very often divisive. The main concern of government is to uphold and defend those fundamentals that are critical to the governance of a modern developing nation. Consequently, inherited international political boundaries remain sacrosanct. Similarly, replacing the democratic tenets tested and confirmed over 50 years of peace and development by a new model is not critical constitutionally.

  17. I love the spirit of Eddy, a very principled man who is not easily moved by the wind Chiti and the group wanted Lungu and the other strong contenders in the just ended elections to worship them and do whatever they say thus come up with a social contract thing, Lungu refused to sign the contract and m,antained that he does not need a push on the issue but promised to deliver the document. follow him very closely, he has stll mantianed that he will deliver the document . so mr Chiti , please find something better to do , we need progressive criticism and not draw backs coz you are taking back. you are just ashamed that he have proved to you week souls that he is principled and he does not need you around him

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