THE PETITION OF BRIGADIER GENERAL GODFREY MIYANDA, A ZAMBIAN NATIONAL, TO THE NATIONAL ASSEMBLY OF ZAMBIA, DATED 30TH NOVEMBER 2015
TO: The National Assembly of Zambia, Parliament Buildings, Lusaka.
UFS:
Hon Cornelius Mweetwa, MP
Chairperson,
Committee on Legal Affairs, Governance, Human Rights, Gender Matters and Child Affairs. Parliament Buildings.
The Petition of Godfrey Miyanda showeth as follows:
PETITIONER:
My names are Godfrey Miyanda. I am a Zambian national concerned about the Constitution-making process now taking place in the National Assembly of Zambia. I am a former Republican Vice President and I have on occasions acted as Republican President in the absence of the incumbent President; I have been a Cabinet Minister, and obviously a former Member of Parliament. I am also a Life Member of the Commonwealth Parliamentary Association. I was one of the witnesses who made submissions to the Committee on Legal Affairs, Governance, Human Rights, Gender Matters and Child Affairs.
GROUNDS OR REASONS FOR THE PETITION:
The grounds or reasons for this rather urgent Petition are, inter alia:
- That the Hon Minister of Justice informed the said Committee that he and his Government have no position on the Constitution now under consideration in the National Assembly; not only is this irregular but it is unbelievable. By his conduct the Honourable Minister has disowned the Public Bill franked by the signature of the Attorney General of Zambia and introduced in the House by the Hon Minister himself on behalf of the Government.
- That in the speech in the House the Minister disclosed that the Executive brought the whole document of the Constitution to the House in order for the House to determine the non-contentious clauses without having indicated which clauses are contentious and which are not after having promised to do so.
- That the Hon Minister has misled the House to suggest that there is a blanket mandate for elected MPs to pass the Constitution containing serious contentious issues, without the benefit of the policy position of the Executive, so that the MPs may be in a position to decide whether to vote yes or no and so be accountable to their electorate. Further there is no MP who can truthfully claim that he or she has addressed his or her whole constituency to seek their input on contentious issues.
- That during the purported presentation of the two Bills the Minister did NOT debate the Bills, clearly sticking to the ‘no position’ position on the Constitution. It was irregular for the Minister not to debate the general principles of the clauses that have necessitated the proposed changes to the whole Constitution; it was equally irregular for the Honourable MPs to vote on a serious matter such as the Constitution when the Executive has not stated its position on it. Clearly, the Executive did not wish to disclose their position on the said Constitution, perhaps until after the speculating MPs have voted
- That the Honourable Minister has misled the House by suggesting that the whole document taken to the House has no contentious provisions by deliberately neglecting to identify the contentious and non-contentious clauses. The Minister should have identified those clauses and debate them to give the Government position and then subject them to a general debate by the Hon Members before their vote.
- That the decision to combine the referendum and the Presidential and General elections is itself contentious and should have been discussed in a democratic forum of all interest groups in the country but the Executive has refused or neglected to arrange such a dialogue.
- And further that the cost excuse given is not truthful because that is not the only option in the circumstances. It is a matter of public knowledge that the PF regime had in 2011 promised to produce the Constitution in 90 days; they have had more than 90 days, specifically four years, to prepare a budget for the referendum as well as the tripartite elections. The Government have even been inducing some of the many bye-elections without worrying about cost; hence the cost excuse falls away.
As a rider, to illustrate a contentious Executive act that requires explanation, the Honourable Minister of Justice and his Government have remained silent on the current practice of his Executive of poaching of opposition Members of Parliament, who have contributed to the majority vote during the Second Reading. This poaching was designed NOT for development and/or building unity but for skewing the vote in favour of the Executive, otherwise known in political circles as ‘rigging’, a pre-determined outcome.
These MPs have been silenced by section 9 of the Parliamentary and Ministerial Code of Conduct Act which essentially prevents them from representing the Parties that sponsored them to Parliament. Section 9 states that “A person holding Ministerial office shall not do anything that is inconsistent with the principle of the collective responsibility of Ministers for the policy of the Government and the conduct of its affairs, and in particular shall not –
(a) Publicly contradict or disassociate himself from any policy adopted by Cabinet;
(b) Issue public statements criticising another person holding Ministerial office; or
(c) Make unauthorised disclosures of Cabinet discussions, decisions or documents”.
Essentially those MPs have crossed the floor, regardless of robust arguments by the President and his Ministers. This is just one example of the many contentious laws that required review and policy pronouncement in the debate of the Second Reading of the said two Bills, not during the Third Reading stage when focus should be on amendments rather than on policy and principles.
PRAYER:
My prayers are that:
a. This Honourable House reverses the decision of the vote at Second Reading and calls on the Honourable Minister to debate the Second Reading with the Government stating the general principles regarding the Constitution now being considered. This address should be preceded by an apology from the Hon Minister for a not so truthful answer before the Committee that the Government has no position on the Constitution, when, for example, a Member of the Executive revealed in debate that they did not want the provincial assemblies; the Minister of Justice should have revealed such sentiments in his Second Reading speech..
b. In the alternative the House should discharge the order passing the Bills in Second reading and start the proceedings afresh.
c. In the further alternative the House should annul the proceedings. The House should decline to proceed with the remaining stages of the Bills until the Minister presents Government policy on the several contentious provisions and unclear definitions in the Bills.
JUSTIFICATION:
- The conduct of the Minister in NOT stating the position of Government on the ‘whole document’ means that the Constitution Bills National Assembly Bills Numbers 16 and 17 have not been presented to the House. The Hon MPs voted in a vacuum as I believe that legislation must be passed after persuasive arguments for or against, not voting because “The Boss Man” has said so. During the proceedings of the House on 25th November 2015, the Minister did not debate the two Bills before the House; instead he tried to justify the combining of the tripartite elections with the Referendum.
- Under our Constitution Government Ministers are collectively accountable to Parliament. Thus each Minister has a duty to account to Parliament and consequently be held accountable for their portfolio. The Minister must NOT be heard to be saying he has no position on the Bills that he himself has presented to Parliament under the signature of the Attorney General of the Republic of Zambia. Further the Minister’s “White Paper Excuse” is just that an excuse, a lame excuse. If the PF regime does not subscribe to the White paper system they should bring a policy paper and/or introduce legislation to stop it, even in this current Constitution-making process.
- The refusal by the Minister to give a government position on the Constitution is a dereliction of duty, bordering on abdication; indirectly this has vindicated Civil Society who have expressed mistrust of Parliament. The Minister’s refusal or statement of ‘no position on the Constitution’ as a witness is tantamount to refusing to answer questions by the Committee and borders on wilful suppression of the truth because it is unbelievable and unprecedented that the Government, which is the repository and conveyor of the Public Bill that is before the House can be heard to say or suggest that the Government has no position on the Constitution! In this way the Minister has misled the Committee as well as Parliament and the whole nation. Public policy as guided in the Preamble to the Republican Constitution is that we “should uphold the values of democracy, transparency, accountability and good governance”.
- I can safely opine that the Government has a position on the Constitution but are either afraid or ashamed to state it. They want to keep the MPs and the public guessing. It is irregular for the Government to take to Parliament Bills over which they have no position. What right will the Honourable Minister have to participate in the remaining stages of the two Bills when there is no Government position? It is the obligation of the Government, in this case represented in Parliament by the Honourable Minister of Justice, to expound public policy and thus explain the general principles of the said Bills and clarify or explain in debate the import of the proposed changes, including stating which provisions they do NOT support in the Bills. Such a debate would assist Honourable Members to decide whether to support the Bills or not on the basis of the Minister’s exposition. As things stand now the Bills have really NOT been presented to the House. The least the Minister would have done was to expound on the content of the principle clauses, especially the new ones. Thus there really is no justification for the MPs to support and vote for the two Bills.
CONCLUSION:
Constitution-making in Zambia has exposed strong mistrust and suspicions which must not be ignored. The Minister’s refusal or declaration that there is no government position on the Constitution creates further mistrust of the Executive. Those MPs supported the Bills may have voted for the speech rather than for the substance because it was really beautiful but did not discuss the Bills! It is said that pride goes before a fall. This Petition provides an opportunity to retrace the steps of the presentation of the National Assembly Bills Numbers 16 and 17 and give a well-reasoned and full presentation of why we need to overhaul the current Constitution.
I urge this Honourable House to seriously examine and determine positively the concerns expressed in this Petition. It is unprecedented for the Government not to give a detailed expose of a serious legislative assignment such as the overhauling of the whole Constitution of Zambia, which some of us opposed any way. I believe that the remedies I have prayed for are within the jurisdiction of this august House and if examined without bias or prejudice, Hon Members will find some merit therein. Just because the Executive have numbers is not a good or democratic justification to ride roughshod over other voices in the nation.
I am available should the House be of the view that my Petition requires further clarification and/or amplification. I have no secret agenda but a desire to have serious lapses in our democratic journey to be corrected. Such cannot be corrected by sheer brute force of the power of the majority but by genuine dialogue resulting in a consensus.
This is the conclusion of my Petition. I humbly submit this, my Petition, for the consideration of the august House.
GODFREY MIYANDA,
BRIGADIER GENERAL,
LIFE MEMBER,
COMMONWEALTH PARLIAMENTARY ASSOCIATION
[30TH NOVEMBER 2015]
Attachments: To be read as one with the Petition.
1. Annexure A – Verbatim Transcript of Second Reading Statement by Hon Minister of Justice and Chairperson of the Legal Committee
2. Annexure B – Statement on the Appointment of Opposition Members of Parliament to the Executive, dated 19th August 2015.
Those in power need to be patriot and put Zambia and it’s future ahead of their finite little lives.We do not understand all this jargon and it’s implications all we know is we need a new constitution that will change the colonial archaic laws we have inherited.For one the presidents powers must be reduced.This political engineering PF is trying to pull on us is NOT welcome.Follow the rules,stop bribing opposition Mps.Zambia is not for PF but for us all. Thumbs up Miyanda for being a true soldier and sounding the alarm whilst the rest of us sleep
General you are only wise man left in politics amongst your age group. The manner in which you appraoch national matters is inspiring and shows a lot of patriotism in you. You are definitely one of my heroes and I will constantly consult you when I need clarification on serious matters such as the constition.
Because of your timely action the dodgy symbyakula has shied away from presenting the bill changes.
General you are only wise man left in politics amongst your age group. The manner in which you appraoch national matters is inspiring and shows a lot
PF are misleading their minions that bills contain what people want . Thats absolutely dog sh1t. PF has wants to change 50+1 clause, remove dual citizenship , make it easier for opposition MPs to change parties at will without consequences of losing their seats so that the ruling party can kill off opposition and many other really contentious clauses that people wanted put in the constitution.
Now are these these what majority of the people in Zambia want?
Changes PF want to make are for their own selfish interest to hold on to power.
When making changes one ought to put himself in the position of those not his political…
Imwe let’s finish with this constitution issue. All the days it’s on the same thing
Thank you Miya – let’s move to close this Chapter rather than look for the best ways to block it. It’s been too long and so wasteful already.
Ba Miyanda let Parliament conclude this issue i.t is the right place to deal with the constitution. We don’t want stumbling blocks like you and HH to derail the cost effective way of bringing this issue to rest.
You are always in nightmare mode regarding HH.
This is not time to be partisan, it’s time to be level headed and plain reasonable.
The General has raised critical points, it’s time to put self interests and political agendas aside if we want to be consistently progressive.
It would be better for the PF government to not mess with the constitution process if they know not what is best for the future generations.
Very refreshing as usual General – if WE, THE PEOPLE don’t stand-up for OUR Constitution even after someone like Gen Miyanda opens our eyes, Points his finger at the bleeding procedural cock-ups, then “cry the beloved Country” is cynicism of the worst Kind! Stand-up People, rattle yo MPs, that House on the Hill IS doing “rigged” Business !! Thanks General 🙂
Could GRZ-PF please respond/comment on Brigadier General Godfrey Miyanda’s petition?
Kodi Zambia ni anyioko ba PF?
Kambwili gives a response. We expect to hear that constitution making model we are following a GLOBAL!
Gen Miyanda has spoken sense. The parliament must reverse that reading and start afresh with the constitution process. A referendum is a must here. PF is trying to manipulate the constitution. Shame on them and the supporters of lies and deceit. “The President is under oath to protect and defend our Constitution. If the President is serious about his clarion call of unity then he must revisit and abandon this practice which has not added value to his call for unity”, said Gen Miyanda, and I support him 100% on this one.
GENERAL MIYANDA ALWAYS MAKES SENSE WHEN HE SPEAKS, HOW I WISH THIS MAN CAN BE MADE TO BE EITHER SPEAKER OF THE OF PARLIAMENT OR NOMINATED MEMBER OF PARLIAMENT. PLEASE MR. PRESIDENT EDGAR LUNGU BRING THIS MAN INTO PARLIAMENT.
WE CAN NOT AFFORD LET SUCH BRAINS TO GO TO WASTE THIS CAN CONTRIBUTE TO OUR COUNTRY UNLIKE THE CHIPATE PATE POLITICIANS LIKE GBM, DR. BANDA, GARRY NKOMBOS.
What’s the point ba General? In my humble opinion, the position of government must NOT be an issue for the simple reason that what the people want, which I believe is contained in the bill, is what must carry the day. In fact, ‘no position’ by govt means the bill will pass unaltered. Let’s just watch against Kambwili altering our clauses!
In as much as I sympathise with the General, the white paper is contentious in that Cabinet removes the will of the people by rewriting the bill that was agreed upon by the contributors to the document. Otherwise, we shall be going about the bush without archiving anything. That’s my opinion I beg to move.
Yeah bro, it WILL be archived 🙂
Yaba
Ok but this man is boring mwe!!
…and I pray to the Lord almighty that he will never be any where near the corridors of power again
This man has woken up…
VIVA GEN.
THE POINT IS ‘ WHY SHOULD THE GOVERNMENT NOT HAVE A POSITION? I WOULD HAVE THOUGHT THE MINISTER OF JUSTICE COULD HAVE SAID, WE REPRESENT THE PEOPLE AS SUCH OUR POSITION IS TO HAVE A NEW CONSTITUTION. GENERAL MAKES LOTS OF SENSE. THERE IS A HIDDEN AGENDA BY THESE PF MINION.
LETS THROW THE BALL AND RE-INTRODUCE AND VOTE AGAIN AFTER WHITE PAPER HAS BEEN PREPARED AND PRESENTED TO PARLLIAMENT
That is how Miyanda behaves when he is just from sleep…. Where was he all this time until money
and time has been spent in parliament to debate on the issue… He just wakes up and start yapping like rabies infected dog!!! This man was very useful until he formed his own party!!!
Ba juju, you are very hopeless, this is the big problem we have as Zambians we don’t take time to read and debate issues. Miyanda is spot on he is not being malicious but brings out what men and women of this August house failed to see. Miyanda as not been sleep what is happening in the country especially the level of debate leave much to be desired. Every day when you wake hear hh his calling President Lungu names, nawakwi is call Lungu this and that, surely Miyanda is above such politics. Lastly characters like Juju makes things dull, how can you be saying Miyanda was sleeping dull juju.
MIYANDA I KNOW U ARE A GUD LEADER BUT POVERTY HAS MADE U TO BE MONEY PHOBIC (BENDING TOWARDS CASH) THIS HAS MADE U TO BE USELESS & IRRELEVANT TO MODERN POLITICS. U MAY HAVE A POINT BUT PEOPLE CAN SMELL THE DIRECTION ITS COMING FROM & WILL NOT TAKE ITSERIOSLY. JUST KEEP QUIET PLZ ,IF U WANT WORK, FORM A KA SECURITY GUARD COMPANY MUKALALYAFYE BWINO MWISHO UKWAULA ICHONGO NOT IF BIG NI LEAGUE INANGU U WILL BE DONE.N.B U CANNOT BE PRESIDENT PIPO KNOW THAT U ARE SHORT TAMPERED & LUCKY KNOWLEDGE ON GUD DEMOCRATIC GOVERNANCE. PLZ LET GOVT GIVE US A NEW CONSTITUTION AT LOW COST & PUT THIS TO A REST
Money-phobic is bending towards money?
Wafwa walemana
Cizungu pa Zed!
Kaya mwandi.
Money-tropic
I thought a petition should have many signatures to have any meaniful purpose. General miyanda is If I remember correctly ,he is the one who single handled included the silly clause of Zambia being a Christian nation. No wonder he leads a washala weka party
Single vs multiple signatures depend on the nature of the petition. One or more, in this case, does not matter. The purpose is to draw attention to the omissions.
We still need you Miyanda Please start campaigning. This country need people like you, you were in the first cabinet of Chiluba’s government and that was the best Zambia’s cabinet since independence.
Please dont give up if you 2016 then definetly 2021 will be yours.
PF is government of liars.
its the GENERAL again .when time for electing leaders nears ,that’s when miyanda resurects.
What is wrong with adopting the non contentious issues by parliament ba General who only wakes up during elections?
The problem is that proponents of the referendum assume the vote will go in their favour.
Well written I just don’t know how effective this will be way forward as majority in parliament are of a different opinion so to speak
Miyanda, the president who never was will read his epitaph. He is the only politician who is objective in Zambia. He doesn’t yap yap like other leaders do but he thoroughly goes through all literature before making a position
Well said General, but we need to move for how long are we going to go round circles? Suppose some one also comes up with opposing sentiments which will make a lot of sense to the cont rally, whom are we going to believe. Its high time we went a step ahead and see some progress. It has been said that this is not final but at least we shall have something on the table. Why not wait and see the final results.
I knew one from South ( I am from South by the way) is going to criticize me, people like Moonga does not see what I am talking about… I am saying where was he (Miyanda) when all these issues were being debated until he waits for the second reading in parliament only to propose that it goes all the way back… Useless Moonga!!!
Miyanda ewapyana chama chakomboka kukusansamusha ba politcian necalo ,bena ngababapelako ka coin ku actor ifyabu soja akulandeni chikulu ena na kengila pa chibumba
The Heritage Party is back. Still with the Village Concept? Trying to gunner up support for 200 members to enable the General file his nomination papers!! Good timing. The war planner.
Your analysis sounds sensible though confusing a layperson like.
Can LAZ say something regarding this petition please.
Keep awake General. You can even prepare another 5 litre empty container to buy fuel because by Dec31, there will be shortages
This chap miyanda is very dull 1.he mentioned that he was a vice and at times acted as presido why didnt he gave the zambian pipo a constitution whch zambians are still crying for 2.were was he to advise the mps and zambians atlarge on issues surrounding the constitution making process 3.who do u want to pay attaintion on your useless contribution 4.u can never gain mailage by yaping yaping 5.general your time is up just wait for other generals to work peacefully 6.if u are sporsored then foolish u,zambia is not for retired general who cant think of diversification of our economy but bring in cheap politics on the table ya ba there is no war for us to listen from u.stop this nonses u chap
Thanks general!Well said and please keep it up.l actually no doubt see a genius in you.Aluuuuuuta continuaaaal!!!!!
General Miyanda was once in government. Imagine if Mwanawasa was the first MMD president, then Miyanda his vice.
Miyanda seems to be quite persuasive.
Government has to respond to his concerns. But I thought I heard President Lungu say only the non contentious clauses were being considered. Otherwise the whole constitution making process will be derailed.
WATCH THIS SPACE.
IS THIS MIYANDA’S TROJAN HORSE??
viva General 2016 we vote 4 u so tht u give us a constitution tht wil stand th test of time & tht will contain th will of th people. it z clear tht th PF wont give us a good constitution jst look at th all process of constitution-making its something else it shows hw selfish they are intems of giving a constitution to th people of zambia.
If this man was ever to rule the country, he would argue with himself and sue or petition himself for snoring.
We said General, people do not understand this government, there a lot of hidden issues, people ready the constitution properly don’t rush into something you don’t understand. Let these fools PF go.
These are brains, to listen to.
I am very disappointed that Gen Miyanda would comment on the proceedings regarding the Constitution. I agree with those who have questioned his motives, after such a long time of the Bill being presented to Parliament. I know he glorifies himself in being the spoiler and Devil’s advocate. It is not time for that. This is issue has begin hanging on and on since President Mwanawasa chose to ignore the recommendations of the Mung’omba Commission. Right now, every gain will be a positive. We can’t afford to live in dreamland, given the quality of our MPs. Let’s allow dual citizenship and then see how it changes everything in our national goals and the mechanisms available to achieve them. Gen Miyanda has been pivotal in bringing discord at times, such the Guy Scott affair. I find his…
You were Vice President and at times acted as President – so didnt you pass a proper constitution when you were in power? You had the opportunity Gen so can you please stop wasting current leader’s time and let them implement what you failed to deliver!!