I am one of the many citizens who supported the ‘piece meal’ amendment of the Constitution as long as the amendments were as presented in the Draft Constitution. Before the President assented to the Constitutional Bill, a few lone voices raised various concerns. One such concern was by General Godfrey Miyanda.
General Miyanda was concerned that the President had declared that he would sign the Bill “with eyes closed” The general stated:
As you may be aware, Your Excellency, it is NEITHER AUTOMATIC NOR MANDATORY for you to assent to a Bill in the form it has been conveyed to you. The process requires careful examination and even consultation before assenting. Appending the Presidential signature completes the act of enactment! I appeal that you revisit your decision to sign with closed eyes, meaning without serious examination of the contents and/or even complaints. It is a serious and solemn constitutional duty for you to undertake with all your faculties at full throttle (Lusaka Times, 23rd December, 2013).
Most likely the President ignored this friendly and sober advice. Now, Cabinet intends to revisit the same Constitution President Lungu assented to before it is even in force. What a circus!
This is ill-timed and mischievous and is not well-meaning because the PF had the opportunity to address all the issues they want to raise now. It looks like this call to revisit the Constitution is just for the PF’s survival (Grade 12 Qualification issue).
I urge the PF leadership to be careful as they revisit the Constitution. Once again, bravo to General Miyanda for continuously being a voice of reason.
By Eros Ilunga
“PF the working government”. This is the government that has achieved 1/10 of what it want to achieve in 5 years being in government. If I say PF government has achieved nothing I am not being honest. PF has absolutely failed to give its people, the peoples’ driven constitution. This is what happens when the government does not listen to its people. Zambia is in poverty today because the government does not listen to professionals who have a heart for Zambia. Every time professionals who are not in PF government leadership give good advice, the PF leadership says because those professionals were not picked to be one of the ministers or given a good job in government. This is the government which is seeking to be elected.
Miyanda and all those blaming PF where were you when the draft constitution was in your area? why didnt you raise those concern? HE lungu let those who do not have grade 12 certificates support their friends how ever good they might be. let them not be like HH despite what he has only thinks can help when we vote him
The Constitution is a sacred document of the People on how they want to govern themselves. Therefore, no single person or institution has the Authority to add or subtract from the People’s consensus on Constitution.
The Executive and the President only servants and employees of the People and therefore cannot draw up their conditions of employment and service.
PF, in common with other past Administrations, have acted utra vires and extra judiciary by Amending Constitutions outside their powers!
The MMD-PF have betrayed the People by usurping the People’s power.
General we salute you sir…there are too many empty tins to hear your wise words!!
why start change the document was assented already leave it.nd u peters stop blaming miyanda and opposition read the article nd understand it is not miyanda who wants the G12 clause to be changed but its pipo in pf.
…wrong title…its wasn’t supposed to read ….’Miyanda vindicated..’…it was supposed to read…’ECL shameless leadership inadequacy exposed..’…or…’ECL lack of wisdom exposed’…even a chief who rule with an iron hand they usually pause before making a final decision if any of his Indunas or senior village citizen rises to caution on what the chief is about the decide….its clear that ECL did not read Miyanda’s letter between the lines…’he acted a know it all’…..or..’ I’m the BOSS’….., …no different to what Bush and Blair did to Saddam despite out cry from the wise men…..there was no gun pointed at ECL’s head..no rush at all…all he needed was call Miyanda and others to discuss the letter…that’s what a non iron fist leader would have done….so, I…
..so, I still insist that the heading should have been something to do with ECL….;ECL wisdom questioned..’…or… ‘ECL impatience backfires..’
Sinkamba Wisdom – don’t bring the name of HH in disrepute. HH is not the one who signed the amended constitution. Gen. Miyanda ‘s sage advise if it was taken . today we can not have kambwili going round the country consulting on the grade 12 certificate. They knew their team very well. Pf has been hit hard on Grade 12 qualifications requirements. so don’t create laws to punish your enemies or else you find your self in the same game. Remember the case of un bailable motor vehicle theft how it was done away with when one of the leaders found himself a casualty.
The president just assented to what was given to him by the people of Zambia.He had no powers to alter peoples’ will.Most of these constitutions have failed the test of time because they have been ammended against people’s will.Miyanda,much as I respect him,was supposed to present his petitions when the commission was having some sittings.It was pointless of him to put a gun to the president’s head at last minute when the constitution was due for assent.
@mbaluso….
*….the same people you have referred are the same people crying out..
**..yes ECL has no power to amend but had the liberty to refer it back to Parly..
***…you can only know what proposals have been finally adopted when the final draft bill is out…how could he have petitioned without the draft bill..??
****…that wasn’t the last minute ECL had all the time…
@Sucrutinizerer,you have points and the barometer of your debate is high and well articulated.I like such debates because they don’t border on personalities and character assassination.
I just want to take it on the other tangent.Constitution has a timeflame which needs to be adhered to.The president had no option but to stick to the duration on which the constitution was to be executed.Mind you,there were forces that were pushing him to sign the constitution so that elections could be held under a new constitution.There are people who wanted to derail the process because they did not want to work.
I think it would be a disaster to vote for upnd because they are selfish and Zambians you will regret if you ignore this.I’m not PF but i can tell you that Chagwa has done extremely well on the constitution. Before chagwa assented to the bill he warned the people not to rush but upnd rose up in alms that Chagwa is up to no good with the constitution. Well ba Miyanda i don’t blame him as usual he came last minute and some of his points were valid. I think our focus should be now on elections, otherwise upnd will cry foul again when you have the chance to win.
People should be sincere. Miyanda had opposed the president signing the constitution based on, amongst other things, grade 12 and 100 supporters from each of the provinces for a party president to file in nominations. Was this included by the PF dominated parliament or this was part of the draft?
ALL LOSERS WILL NEVER APPRECIATE ANYTHING LUNGU DOES.
UNFORTUNATELY HE CANNOT CHANGE HIS TRIBE TO BE A CERTAIN PARTICULAR ONE.
IF HE HAD NOT ASSENTED TO THE DOCUMENT THE SAME REGIONALISTS WOULD HAVE BEEN. CLAMOROUS IN THEIR CONDEMNATION.
SO, HE, IGNORE THEM.
Grade 12 to remain we all witnessed the amended constitution to tamper with it again will be unconstitutional and will lead to appeal after appeal just like leader of the young alliance Sampa is doing he knows he is no longer MP but they will be no bye election now so he cannot continue to argue that he is MP…..
Grade 12 Clause Is Good It Wil Improve The Level Of Debate In Councils.Lundazi District Council Is Poor Run Council In Zambia Where Councilars Hav No Time 2 Consult Stakehold But Hav Only Commend Pipo 2 Accept By-law They Make.Council Ask Shop Owners 2 Pay K1000 A Design Fee It Is Wrong Bcoz Pipo Own’t Manage 2 Rise That Amount Council Is Demand.Why Asking 4 This Money When We Are Headin 4 General Election? Is This Not The Aim Of Decampign ECL? Lundazi Council Hav Faild 2 Use Money Collect Frm Market And Bus Station 2 Pay General And Councilar Allowance Bcoz Of Poor Management And General Workers Hav Goin 4 Many Months Without Getin Salaries But Big Pipo Does.What A Corrupt Council And Ministry Local Govt And Housin Must Help Us Bcoz We Can’t Pay This Money Durin Rain Season It Is 2…
continue making noise guyz…with or without ECL’s signature, the amended constitution wont bring much needed change to most people… so just shut up and go fishing!!!!!