Friday, March 29, 2024

Justice Minister issues a ministerial statement in parliament on the constitution

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Acting President Ngosa Simbyakula officiates at Youth Day Celebrations at the Freedom Statue in Lusaka on March 12,2015PICTURE BY EDDIE MWANALEZA/ STATEHOUSE.
Justice Minister Ngosa Simbyakula

Government has proposed to amend the current constitution to include non contentious clauses such as the presidential running mate and the 50% plus one vote ahead of the 2016 tripartite election.

Justice Minister Ngosa Simbyakula has told parliament in a ministerial statement that if stakeholders are agreeable to the government proposal, the first set of amendments could be taken to Parliament in the June 2015 sitting.

Dr Simbyakula says the danger of subjecting the whole final draft constitution to a referendum is that even the good, progressive and non contentious clauses will have been lost in the event the referendum fails to meet the required threshold of voter turnout.

Dr Simbyakula says it is because of the attendant and real risks associated with a referendum that government finds it realistic and financially prudent to have non contentious provisions in the draft constitution which do not require a referendum to be incorporated in the constitution by Parliament amending the current constitution at no cost.

He says the Bill of Rights and Article 79 could then be subjected to a referendum held together with the 2016 tripartite elections.

Dr Simbyakula explains that this way the probability of meeting the threshold would be much higher than a standalone referendum, adding that there will be no extra resources required as the tripartite elections would have been budgeted for.

He adds that government remains open to dialogue on the constitution making process.

The minister explained that government remains open to dialoguing on the constitution making process.

“The Zambian people have spoken loud enough. A lot of resources have been spent and that the time has now come for the adoption and enactment of the new constitution to stand the test of time,” he said.

Meanwhile, Dr. Simbyakula has said 1,200 copies of the final draft constitution including braille’s were distributed in all the 10 province of Zambia and that 15,000 copies were printed country-wide.

The minister further disclosed that the 20 January presidential election cost government K344,355, 010 while the donor community contributed US$2,980, 840 translating about K20 million that was used in voter education, conflict management and publicity activities.

57 COMMENTS

  1. #prayforzambia

    #prayforzambia

    Lord guide Lusaka Times Journalists to learn grammar and be good writers.

    • That is the way to go Mr. Simbyakula.

      But the fact is that Edgar Lungu will not be the President after 2016

      wether dead or alive. He is the most useless president to have ever ruled Zambia.

      With 50 +_ 1, I am confident that the God chosen Man of the People

      His Excellency Hakainde Moses Joshua Hichilema will nbe allowed to

      rule tis beautiful country.

      May God bless HH and all his people.

      HH we love you. May God sustain your life.

    • imwe bantu,,, since Sata died, Lusakatimes has positively changed no more insults! @nubia pinces is born again forever praying for zambia,,,how sweet! @Nostradamus forever offering constructive advice to stuborn Lungu who doesnt want to stop drinking without eating anything,,,@Mushota left PF for red lips Rainbow,,, Saulosi ,, well! he has not been heard of since he went jogging mu snow, after Sata`s death,,
      and @me,,, well! am just watching! as lusaka times is being `refreshed`

    • iwe naiwe ka ndobo wayamba ukutukana futi. . nice statement bwana minister but wait for comments from UPND puppies, you wont believe they use the same brains every one uses.

    • AND YOU KEEP BLINDLY OPPOSING THE GOVERNMENT AND DENYING THAT H.E ECL ISN’T SMART? WAIT AND SEE AS THINGS UNFOLDS… KEEP CALLING HIM NAMES AND UNDERRATING HIM, BUT HE WILL DO WHAT HE POSSIBLY CAN. GOOD IDEA GOVERNMENT!! NOW LET STAKEHOLDERS COME FORTH-HOPE THEY BE AS SMART.

    • In order to ensure that the progressive clauses are passed in Parliament, PF MP’s need to agree in written and tell the Zambian voters since they are the majority whether they will vote yes or no, that way all the voters will know that there is no need to proceed with taking the clauses to Parliament if PF MP’s are going to vote against the clauses, and this will save the country time which can used to resolve other issues.

    • Something tells me this is for real . EDGAR Lungu presidency and legacy will be sealed if he includes these clauses in the constitution. This will help end tribslism in Zambia so that even someone from Mwinilunga can become a President Bcs no one from so called big tribes can get into the Presidency just by appealing to tribal sentiments

    • PF thought they were clever. The truth is that PF are not genuine with the proposal, they have just sensed that they`ll soon find themselves in a fix on who to float for presidency because its clear that Lungu will not seek re-election.

      So the plan is if their 50 +1 and running mate proposal is adopted, they`ll force Lungu to re-contest in 2016, and if his health will not allow him handle over power to the vice-president. PF know that without Lungu they cant win in 2016.

    • 50% + 1 is the most foolish amendment in this draft constitution. It is NOT achieveable with the unlimited number of political parties we have.

    • Referendum before general elections, kwasila ,only way forward, no sho,rt cuts. We want a proper referendum to adopt the constitution. I miss Guy Scott.

    • This is a good proposal and needs to be supported by all MPs.Iam sure this will exite HH and his minions though HH will still not win because Zambians do not want a tribalist dictator to rule them.Iwe professor blogger your HH is a spent force and he has no idea about running a state.Advise him to become a counsellor in Monze first before dreaming of becoming a president.Zambia is too big for HH

  2. Statement after statement after statement. 20 years later we are still talking about issuing statements. Come on Zambians. It’s time to pass the damn document so we can move on

  3. What did government spend all that money(K343 555,10 plus donor funds of $2980,840) during elections. Was there really voters’ education? The money was used to buy vehicles for PF. So Justice Minister has admitted that money was used.

  4. With the new development, HH is the coming President of Zambia.

    Us on the Copperbelt and Lusaka will vote for HH.

    Edgar Lungu is a client for the Embassy Park.

    HH is the 7th President of Zambia. May God be with him.

    Edgar Lungu is the president of the people he killed through his poor policies.

  5. Chief 50%+1 simply means, for one to become president he/she should get 50% of the votes cast plus one extra vote. If it happens like the way it was in the January 20 election where ECL got 48 and HH 47%, the no one should be declared a winner but instead the top two must again stand for another election until one wins by 50%+1.
    I hope I have explained.

    • That has been my concern. a re run of the elections will be as expensive as a by election. Will this scenario not prove to be more expensive than the current set up were a president wins by a simple majority.

  6. Electrol commission of zambia pay council auditors who worked during elections. where is the money which was meant to pay auditors in council. ACC probe Isaacs and akufuna.

  7. HH as president exists only in your dreams and will forever be remembered as the President that never was. That history and legacy should be a consolation to “those” people……kikikikiki

  8. That is eddie for you white washing all shallow minded critics. Go on eddie show them what you are made of. Its a shame to find that some famous critics have gone into hiding, what an embarrassment!

  9. HH will never rule Zambia. chief Cadre, 50 +1 works in favour of the ruling party. ECL is the man to transform our country.

  10. Ati HH next President of Zambia, keep on dreaming, or maybe you mean next president (small p) of UPND again and again?
    Agony is supporting Presidential candidate who has lost three elections and just when you thought this time he has mobilized across the country only to lose the fourth attempt to a new comer.
    Another Agony is thinking you will build on your performance to win your fifth attempt only to be rejected big time even under 50%+1!

  11. Katiba mpya lazima iweke ukabila wa Bembas nyuma.Zambia is greater than the one tribe who feel entitled to lead.

    • Hate HH or not…he is winning next year. No rigging, stealing and manipulating of votes will succeed this time around. It will be real nega nega formula mark my words in sp, wp, nwp, cp, part of lp, 50;50 in cb p …Pf thugs are going nowhere..kuyabebele. Its HH2016.

  12. Country men and women it’s time we learn on hw to post meaningful and building statements on media likeLT.Its not about waking up and say HH Moses Joshua…no no.Lets guide and help the govt build a well defined constitution by giving them direction n information they need.Every every minister open this site and read whatever positing made by a well meaningful people.

  13. You people you keep on postponing HH’s time just this year you were saying HH 2015, now you are saying HH 2016. 2016 you will be saying HH 2021…….until HH 2041……

    As for me and my family I can’t vote for a tonga ***** like free Manson HH…..

  14. On the running mate. If one stands as president, he will stand with his vice so that when pipo vote for that candidate, they are also voting for his vice. Therefore, In case the president dies, there will no by-election but instead the vice president will by law become the new president.
    Dissadvantage: people will be killing one onother just to make sure they become………..

  15. Gov’t should be forceful on this matter.

    No use offering ‘dialogue’ to the very same people who are currently loudest on the current economic problems. It’s clear from the insults they are patently aware, that there is no money in the kitty. They also oppose, borrowing to bolster the economy. What meaningful dialogue can there be on what is financially prudent and common sense?

    Please progress and enact the bits we can and as advised, take a Ref. on the rest.

    The opposition have heckled and booed the current economic status. It’s clear, we have no money for Ref. And the opposition have clearly indicated that Hon. Chikwanda’s borrow, borrow, borrowing is disagreeable to them. What’s left? Opposition must ponder, on manipulating themselves into a non negotiable corner!

  16. PF thought they were clever. The truth is that PF are not genuine with the proposal, they have just sensed that they`ll soon find themselves in a fix on who to float for presidency because its clear that Lungu will not seek re-election.

    So the plan is if their 50 +1 and running mate proposal is adopted, they`ll force Lungu to re-contest in 2016, and if his health will not allow him handle over power to the vice-president. PF know that without Lungu they cant win in 2016..

  17. 50+1% will put to rest upnd schizophrenic dreamers who think they are ‘popular’ or that their votes are been ‘stolen’. Can’t wait to cast winning vote!

  18. This is an interesting revelation from the GP leader . Why has ECZ kept quiet over the same issue to let the nation know how much it cost them to run the same Presidential by-elections? Of great particular interest is
    1. whose publicity was this; PF, ECZ or both? What I know is that PF had more publicity than ECZ and so ECZ alone could not spend such a huge amount on publicity alone for they had little activity to that effect .
    2. what conflict management was this to amount to such kwachas other than the sponsored PF panga militia we saw. Or was this expense on hired rigging agents we saw? Please ECZ explain.

  19. Good move. But if the MPs vote for NO on 50+1 and President candidate must have MSc degree or higher then it fall out. What will be next?

  20. Promise Zambians everything but give them a new constitution the process notwithstanding. it is the only way forward.

  21. For me I think those are the most crucial elements in the constition, the rest may be addressed later . I whole somely support the Minister’s suggestions. I want to encourage the opposition to taske advantange of the minister’s suggestions. Here we are not talking about who wins what but, who ever wins must truly be a person that the rest of Zambians have endosed and should never have obsolute powers to rule this country and i think this will also bring on board equal representation across the country. For the first time let us have this one done though it will be in piece meal. HALF A LOAF IS BETTER THAN ONE FULL ONE.

  22. Promise Zambians everything but give them a new constitution the process notwithstanding. it is the only way forward. African leaders object it because it takes power to citizens at their expense.

  23. Anybody knows if the dual citizenship clause has been added to the proposed constitution? Please fill me in and thank you.

  24. 50 + 1% is going to be very costly for the country and it will just bring more confusion. I know UPND want this but it is not a good idea just spending so much money on election when we know very well that this cannot be achieved in the first round due to so many political partied. The current system works better and she should just all agree and continue wit it.

  25. Let us adopt the British and South African political systems
    As much many bloggers have welcomed the proposed amendment, I am not for the Idea of the useless running mate and 50%+1 clause for the following reasons:
    – Political witchcraft may be perpetuated if the vice is impatient knowing he/she will automatically take over and appoint a (puppet) vice of his own choice
    – What happens if the elected vice also dies in office, is the appointed (puppet) vice eligible to assume the presidency since elections can only be held when they are due? If appointed (puppet) vice is eligible, will he/she also appoint another puppet vice who may also qualify to assume the presidency if need be again?
    Don’t just dismiss my argument from without because reading from the comments I can discern…

    • Don’t just dismiss my argument from without because reading from the comments I can discern the feeling by bloggers that we may again go through another premature election due to any unforeseen circumstances e.g. resignation and god forbid healthy reasons. Remember President Anwar Sadat almost died together with his vice Hosni Mubarak, again god forbid? What happens if both president and vice die at the same time or within 80 days of each other’s death? How do you replace them? Please don’t leave anything to chance. The useless Running mate and 50%+1 are not the solution.
      Instead of the much proposed useless running mate and 50%+1 clause, I propose the following amendments:
      – We adopt the British and South African political systems whereby to govern a political party need to win over…

    • Instead of the much proposed useless running mate and 50%+1 clause, I propose the following amendments:
      – We adopt the British and South African political systems whereby to govern a political party need to win over 60% of parliamentary seats. If this is not achieved then they form alliances with smaller parties to reach the 60% threshold and form a GNU. Leader of the winning (or bigger if GNU) party becomes president through a parliamentary vote.
      What if he or she also dies in office or resigns?
      The winning political party simply chooses another leader and presents him/her for parliamentary vote (the case of Margaret Thatcher & John Major, and Thabo Mbeki & Katlego Montlanthe who was caretaker president for 7 months without much ado. Jacob Zuma only claimed his rightful…

    • What if he or she also dies in office or resigns?
      The winning political party simply chooses another leader and presents him/her for parliamentary vote (the case of Margaret Thatcher & John Major, and Thabo Mbeki & Katlego Montlanthe who was caretaker president for 7 months without much ado. Jacob Zuma only claimed his rightful position after his party not himself won the general election).
      What do we achieve from this system?
      – No need for by elections (Huge cost avoided and valuable time saved)
      – Witchcraft eliminated because succession is not automatic, one needs to be nominated by their party and win a parliamentary vote
      – A rogue or unpopular leader can easily be recalled and replaced by his party at least cost to government and avoid being saddled with mediocre…

    • What do we achieve from this system?
      – No need for by elections (Huge cost avoided and valuable time saved)
      – Witchcraft eliminated because succession is not automatic, one needs to be nominated by their party and win a parliamentary vote
      – A rogue or unpopular leader can easily be recalled and replaced by his party at least cost to government and avoid being saddled with mediocre leadership for ages till general elections. It happens in Britain, you don’t need a general election to change a leader.
      So why continue bluffing about the useless Running mate and 50%+1clause? Remember Joyce Banda in Malawi was almost swept aside despite having won elections as a vice presidential running mate. Just incorporate my proposal you will still achieve the objectives of the useless Running mate…

    • So why continue bluffing about the useless Running mate and 50%+1clause? Remember Joyce Banda in Malawi was almost swept aside despite having won elections as a vice presidential running mate. Just incorporate my proposal you will still achieve the objectives of the useless Running mate and 50%+1 clause but at lesser cost to government. Thank You Zambia.

  26. I see nothing wrong with this. In my opinion, Ngosa is among the only level headed individuals in government. A refreshing break from the usual Kambwilis.

  27. As long as you wish somebody dead, God sees your evil desires. Therefore, he will embarrass you by not allowing your choice to rule. Love EL now and God will allow your choice to rule. You are the *****s that, by your evil thoughts, make HH to fail! You are rubbish!

  28. Jacks of all trade but masters of none. This myopic constitutional interpretation reveals how our leaders have downtrodden us. Who in the 21st century can object 50%+1 and runningmate rule? The president MUST be popularly elected.Why represent the minority and yet enjoy all presidential honours and priveledges? Such interpreters fear their heroes cannot make it if given a race for their money.Imagine a HH vs EL one on one race. Let the best man win! why fear? A VP or running mate is a big office not of the manipulative hire and fire calibre. .They stand, win or fail together. Trimmed presidential powers means more parliamentary and public power.Rights are not favours. Colonial constitutions have no place in modern africa.

    • Do you realize that it is also a costly system? Presidential rerun when no winner is declared in round 1 is as costly & time comsuming as the first run. Ballot papers will have to be reprinted & allowances paid to electoral officers. Supposing we lost both President & Vice at once, what do you do? Call for expensive elections again? Why not try the British or South African political system that are perfect. Their systems don’t call for fresh elections. All they do is ruling party nominates a candidate and subject him to a parliamentary vote against any other. As such a ruling party may not lose its mandate to rule till its 5-year term expires. HH almost prematurely ended PF’s 5-year mandate. Read point @28-28.4. Rogue leader can easilybe replaced. Never assume only your…

    • A rogue leader can easily be recalled & replaced without having to wait for end of term. Never assume only your views are the best.

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