Renowned Constitutional Lawyer John Sangwa has charged that the Mung’omba Constitution Review Commission is far much better than the current amended constitution, reports Pan African Radio Journalist Hermit Hachilonde.
Speaking during the Press Freedom Committee of the post held at Southern Sun Hotel in Lusaka, Mr Sangwa said the Technical committee was just amending some clauses without thoroughly examining and analyzing them.
He said the Technical Committee started amending some clauses that were flawless because they were not dedicated, adding that their review was not even effective.
Sangwa further notes that the the constitution is not only about the 50 percent + 1 vote threshold clause which he says seems to have cheered some sections of society adding that the clause is just a fraction of the entire document.
“When you keep on talking about the same things over and over and you even start amending things that were okay, if you look at the draft of Mung’omba Commission, it is far much better than what came out subsequently. I know a lot of people are excited about 50+1, but the constitution is not just about the 50+1”, John Sangwa said
Mr Sangwa also observed that the document which president Lungu recently assented to is largely deceptive and is fraught with numerous lacunas.
He cited the preamble which he said is at variance with the way the document was adopted. According to the preamble of the amended law of the land, the Zambian people solemnly adopted and give to themselves the constitution, which the legal mind says is a lie because there was no referendum in Zambia.
Mr Sangwa further said that the preamble was enshrined in the country’s supreme law in anticipation that the document was to be subjected to a referendum, hence the stakeholders who were responsible at that stage left it without identifying that problem because they were too much in hurry and not serious at all.
“This document contains lies, there are some things that are actually not true, the first thing that is more obvious is that you just look at the preamble, the most important thing is at the bottom where the preamble says we the people of Zambia solemnly adopts and give to ourselves this constitution, now the question is that, is there any truth in that? When did the Zambian people give themselves a constitution? John Sangwa said
He also identified a lacuna in article number 7 which he feels was detrimental to the country’s judicial system which was instrumental in upholding Justice for more than a century now.
Mr Sangwa also observed that Zambia is still using the old framework of the defective 1991 constitution, adding the recently amended document will enable politicians to have leverage to continue the usual political rhetoric of enacting a new constitution once voted into office.
“The amended constitution has given fertile grounds to the next president to continue promising the Zambian people about the new constitution” John Sangwa said