Saturday, April 20, 2024

Justice Minister Presents Constitution Bill to Parliament

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Justice Minister Ngosa Simbyakula
Justice Minister Ngosa Simbyakula

Justice Minister Ngosa Simbyakula has presented the Constitution of Zambia bill to Parliament.

Dr Simbyakula has informed parliament that the objective of the bill is to amend the Constitution of Zambia.

The Minister says the bill seeks to revise the provisions relating to the Executive in order to among other matters provide for the election of the Vice President of the republic as a running mate to a presidential candidate in a presidential election.

Dr Simbyakula said the objective is to revise provisions relating to the judiciary to provide for the establishment of the court of appeal and the constitution court and revise the jurisdiction of the superior courts.

He said the objective is also to establish provincial assemblies and provide for their functions, composition and procedures.

Dr Simbyakula said object will also seek revision of the provisions relating to citizenship to permit dual citizenship and provide for modes of acquiring Zambian citizenship.

And deputy chairman of committees of the whole house Chifumu Banda says the bill will be referred to committee on legal affairs.

Below is full constitution Bill for Download

DOWNLOAD THE FULL BILL HERE

43 COMMENTS

  1. These are critical and important 50+1 votes, Running Mate, Dual Citizenship . If not already in the Constitution this could be looked at by the next Government Decentralization, limiting of Terms for MP’s, electable Independent Inspector General, removal of Public Order Act, electable Independent Chief Justice, electable Independant ECZ head.

    • What is before Parliament is the desire of Zambians already expressed regardless of political affiliation. That is how views were collected and there is nothing to add or subtract, Parliament must only endorse; Yes or No to put in into effect or not as would have under a referendum. One may dare say just pass the clauses as they are. If debate will take place on partisan lines and a vote called where the Ruling Party and opposition will spar; then the people will be betrayed because submissions were non partisan.

    • Yes, constitutional bills should pass through parliament but the final amendment should be passed only through a referendum. This is the only democratic and civilised way of amending a constitution.

  2. I’m looking forward to the day when the present flawed constitution,which Fredrick Chiluba and Michael Sata conspired to enact,will be done away with.
    The current constitution has caused poor governance and misery and is a recipe for a violent revolution.

  3. Soon NGOs earning a living out of new constitution campaign will gave no income. ECL will soon go in history books as the man who gave the people new constitution without an expensive referendum. Besides the referendum would have not gone through due to the 50% of elegible voters requirement. Ifintu no Lungu, chachine.

  4. Decentralization and a cabinet of non MP’s please.My people are tired of political patronage just to access goodies that are owed to us by right.We pay taxes regardless

  5. We need an article to control parliamentary by-elections. What happens when an MP dies, resigns or defects. I don’t seem to see anything on that. UPND should push for this article as they have been waffling about reducing cost of by-elections

    • If I follow your line of though, all good developments must be attributed to ‘Zambia’ but all bad ones to ‘PF’

  6. This part is done, well and good. Now we need to asher someone in statehouse some one who uses initiative to mitigate the ailing economy. Lungu by all standards has lamatably failed the people of Zambia. Never pretend you master insulters. You who follow someone blindly as if you are under a york of slavery. We sa Zambians can not eat humbleness, we eat food. If you suffered during your childhood, someof us never did that. We lived cormfotable lives from our parents’farm produce.

    • You ate fro your parents’ farm produce and not from gov’t of that time and why not do the same as your parents did by producing for you children unlike keep on insult ing the gov’t of day? Thats laziness. Grow up and be independent. Being in Politics is employment to earn a living for their families. If you take strictly to be a service to people, “muka lala insala boss”.

  7. A person with dual citizenship is a citizen of two countries at the sametime. The benefits and privileges include: receiving the benefits and privileges offered by each country; carry passports from both countries i.e. you can travel more easily between the two countries; having a citizen’s passport eliminates the need for long-stay visas and questioning about the purpose of your trip and the ability to own property in either country as some countries restrict land ownership to citizens only. However; you have dual obligations, to both countries. As a dual citizen, you are bound by the laws of both countries as such you might owe taxes both countries for income earned in the other country and to the country where the income was earned and sometimes having dual citizenship can prevent you…

    • Double taxation is not an issue! If you can provide evidence of taxes paid in one country, you will be exempt in the other country . Items bought for export are VAT refundable or exempt at the point of exit or on purchase! Please read the relevant Zambian laws and I on this subject before making baseless assumptions.

  8. cont’d
    As a dual citizen, you are bound by the laws of both countries as such you might owe taxes both countries for income earned in the other country and to the country where the income was earned and sometimes having dual citizenship can prevent you from gaining the security clearance you need to work in these fields. Is it worthy it?

    • In times of war which country will a “dual citizen” side with, you cannot serve two master at the same time you will serve on and disappoint the other. – period.

    • The move to introduce Daul citizenship is being done without a carefull considerations! It will bomarang sooner or later image the chinese become “Zambians” with our poraous state institutions, this country will be taken over be foreighners in no time, be warned!

  9. I wonder what HH and Dr. Banda will say, that this is not the way things ought to be done.? Maybe.? Enact that constitution and let’s develop our country.

    • And which way is the right way. Blow our cash through flying 256 people to New York and come back to pray for the money to be replaced by miracles…. let us be serious

  10. There should also be a clause in the constitution to enable the person that came second in an election to automatically become MP should the sitting a MP die or resigns. Another important clause should bar the president from appointing ministers from the opposition as this done just to destabilize and frustrate the opposition. It is not done in good faith. Ministers should be appointed outside parliament for checks and balances.

  11. We need a bill that will stop MPS who have been convicted to go back to parliament because such are now criminals they can not make laws never.

  12. Many good changes as desired by Zambians but as observed by others we still have provisions for possible by-elections as in Clause 57 instead of giving a seat to the second highest when the incumbent MP looses the seat and ofcourse appointing Ministers outside Parliament. We also need to start vetting staff in foreign missions and have minimum qualifications for each grade because foreign missions have become flooded with ill qualified staff.

    • This is my observation as well. Why dont they want to get rid of by elections? On the issue of staff in foreign missions, I think the President should be limited to appointing ambassadors, High commissioners, permanent representatives but not anything below that, e.g., first secretaries, informations secretaries, etc. These should be career civil servants. This will prevent interference in the running of embassies.

    • In times of war which country will a “dual citizen” side with, you cannot serve two master at the same time you will serve on and disappoint the other. – period. The move to introduce Daul citizenship is being done without a carefull considerations! It will bomarang sooner or later image the chinese become “Zambians” with our poraous state institutions, this country will be taken over be foreighners in no time, be warned!

  13. Great news. I thought GRZ was growing cold feet as no govt in the past has gone this far. A true demonstration of leadership, responsibility and patriotism that must be encouraged. MPs, GRZ has demonstrated that they respect the views of Zambians they represent. As representatives of the people it is incumbent upon you to follow suit & respect the people’s views by adopting their document & enacting it into law. If you are truly the people’s reps there is nothing for you to add or subtract. The Constitution Bill represents our aspirations as a country. Let no personal or political biases soil this important document. God Bless Zambia!

  14. The end of changwa lungu.i initially thouht edgar would have won easily but with a lot of miscaculations here and there he wont survive.

  15. Lets do away with a cabinet of nshima seekers who sell out just to access plum jobs.MP’s should never be in cabinet coz its always politics of their bellies 1st and Zambians 2nd.

    • My friend, wake up! Politics can never be charity work for the majority of people! Only people like Kavindele could afford to volunteer- people who don’t need the money because they have plenty! That’s why a poor person cannot be president of USA! The temptation would be overwhelming – even for you! We just need laws and mechanisms to mitigate the effects of poor people in leadership. This why we make so much noise about constitution amendments. So, don’t live in utopia! This is the present reality of politics!

  16. Countrymen where does this 94 MP’s to be chosen by ECZ arise from? Is it what the Zambian people submitted or it is an insertion by some tyrannical group that does not mean well for Zambia? Fellow Zambians lets not be oblivious to the fact that Edgar Lungu (incompetent lawyer) and Ngosa Simbyakula are both lawyers and one can not trust lawyers 100%! Zambia is a Christian nation and I would like to pose a question to our devout christians…..Does the Bible in its scriptures recognize lawyers?……ECZ should be regulatory and be given powers to suspend and/or bar election contestants/party from participating in an election when malpractice/violence is ascertained. If the courts were to be involved let ECZ hand the election to the first runner up! But for ECZ to appoint hand picked MP’s is…

    • As to “ECZ” appointed 94 MP, just think how easy it will be to obtain 75% majority and declare “one party” State to be ruled by our “dear Leader” who is “humble”, “sober”, “visionary” and “anointed”.
      Welcome to the “Peoples Democratic Republic of Zambia” which is joining its “sister” nations as Democratic North Korea, Federal Democratic Republic of Ethiopia or Democratic Republic of Eritrea………………!!!
      Watch out, fat jack ass Chama at work!!!

  17. Contd….. tantamount to ridicule of democracy. It would make more sense that based on constituency population certain constituencies could be allowed to choose more than one MP. Parliament must reject this ECZ – 94 MP’s nonsense!

  18. Comment:
    Even advisors to the president should be elected to avoid sugar coating and bootlicking when advising the head of state.. Boards running parastatals should also elected so they are not beholden to the powers that be but the electorate. There is nothing like autonomy or independence in these boards because they are accountable to the appointing authority as opposed to the population they are appointed to serve. I hope and trust that tommorow’s prayer and fasting will bring about a paradigm shift in the manner we deal with the issues I have raised..

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