By Prince J. Ndoyi
I want to comment ahead of the opening of Parliament on 13th June which is in a few days. I comment on the recent announcement by government through Minister of Justice Hon. Given Lubinda who has intimated govt’s intention to introduce whopping law reforms through enactments and amendments in the upcoming parliament sessions.
The move is welcome but cannot go without comment on the need to ensure the law makers themselves are cautioned on the lack of seriousness when doing so. Last year a number of law reforms were introduced, but the handlers and crafters did this in a hasty manner overlooking a number of basic minimums and prerequisites to harmonise the new laws with the existing ones.
Worse of our Parliamentarians did a major de-service to the Zambian people by enacting laws they didn’t dare read nor understand. The Judiciary being an end user of laws written by Parliament, has gone on stand still. This has been necessitated by a weak parliament. What is more baffling even so, is the audacity for the same politicians especially those in parliament to insult the Judiciary? The Judiciary is in a quagmire.
The new constitution is now operational since enactment last year, but much as we have seen some minimal gains like the 50%+1, the removal of Deputy Ministers, introduction of grade 12 Certificate etc, the bulk of it has seen no visible incremental gains as purported by those who crafted it.
It is now a public secret that Zambians are slowly realising the deficits of the document, the document in itself is a manifestation of the mentality of law makers. The legislative function of Parliament to make laws has been overly abused by this crop of politicians in a manner unprecedented.
It is against this background of negligence on the part of our law makers that we have the current happenings today, where the Zambian judiciary has been choked by the bulk of never ending political cases. Zambians have never witnessed this level of an abuse of the courts by politicians. This is so because politicians have misused their legislative privilege to make laws but have concentrated on making laws that benefit themselves.
I am of the view that today in Zambia we only have a semblance of democracy, because some arms of government like parliament have continued to ignore their role, they enact laws for their good, and while they jostle and compete to enact laws to favor their individual needs, they make ambiguous laws with varying interpretations thereby putting the courts(Judiciary) in an awkward position with interpretations. It is no wonder laws are so porous, such that people especially politicians are abusing the courts, to the extent of having cases in all different courts while duplicating the cases.
It is a curious case of convenient liberalism, parliament in its current structure lacks the decorum to amend and enact laws that will eliminate the despondency of the judiciary. This dichotomy of approach needs to be addressed.
As things stands, the only, of the three center of constitutional power that seems to be working is the executive, our Parliament has ceased to understand and illustrate that they have a sworn duty to uplift and protect the poorest of the poor.
The only positive law reforms can only come if the opposition political parties in parliament man up to provide an objective and balanced position in parliament.
Unfortunately, the opposition is too preoccupied with petty politicking which led us to lose a great and milestone opportunity to have a new Republican Constitution with an enhanced Bill of Rights. Instead of working as per elected, they are seen boycotting parliament seatings, it is nothing but a mess. Worse of our independent candidates are more confused and are aligned to some political parties.
LAZ is incandescent in an in-house division, they are only seen shooting in the air. It’s madness, the onus in the demand for progressive law reforms cannot be left to parliamentarians alone but on all of us. You can’t have govt making laws alone in a room, of course some laws from govt are progressive but that is dangerous for our democracy.
Finally having observed the poor quality of laws coming from parliament, my appeal goes to law reform societies, advocates, NGOs, LAZ and our cooperating partners like the EU Parliament to strongly consider conducting skills trainings and workshops in order to drill our parliamentarians into enacting quality laws for the sake of enthroning justice.
Quite a good piece Ndoyi.
This boyi Prince got good language. But its just same as Chipolopolo players, good touches leading to no where.
Young first things first. Let the truth about the petition come out. Second, laws can be changed. What Zambia needs are examplarly leaders like the late LPM or KK. When you have a good leader with a true heart for his country and people as well as those that follow him. You will see a large change. Economic or social change goes beyond Parliament. Each and every Zambian of age has a responsibility to play their part. Look at the people around Lungu. Point to anyone who has a straightforward, honest life? And has a record of doing things in the interest of Zambia. No one. The second thing is unity. You can’t force been legitimate but let the evidence and truth make you legitimate this is what will unity the country. Any divided country or team never suceeds and we are doomed.
You’re giving us your story from the Judiciary perspective. Imagine what other professionals are thinking. If they all think like you, that things are on stand still, from their perspective, then where are we as a country?
This Prince guy was one of the people who castigated UPND for taking a stance against the hasty enactment of the draft constitution. Sometimes it is good to take time and listen do not look at the face of who is speaking.
We gave ourselves a new constitution. Let’s respect it .Whilst debate was on in parliament “hon”Gary was enjoying black label whiskey. Who is to blame?
The problem I see is coming from the people we send to paliament after elctions they become big headed an gare less for th peopl who took them their they choose to serv their pockets and famillies they stop to be loyol to their parties that sposerd them how then can the opposition be effective u blem opposition yet you kn they a too weak or less in numbers on independentS they are rely lost as am I don’t kno what they do atleas man mucheleka was realy for the pipo no laws or bills can go thru from opposition. Tell me one. Just last 5years how many. MPs from UPND refused to work with their partys recall monde/siamunene now mukata selfish men
The author is 100% correct! The problem is these laws are passed to fix each other. We want a new constitution as per your campaign promises these were the cries from some sections of society without even critically analysing the contents of the draft.
The whole cry was to have that 50%+1 clause so to fix the ruling party and unfortunately turned a blind eye on the other clauses.
Upnd even made a campaign message against PF. They also went ahead to de-campaigne the bill of rights as knew that it was going to give leverage to the ruling party. This was not fore the sake of an ordinary citizens but all to their greediness. We have not forgotten that!
Anyway people like father Chit, Ngawase Mwale & etal should know better.
As far as I can remember the draft was in public domain before…
Cont…
It was ceremoniously given to the Zambians by ECL. Stop complaining we asked for it and the president did just that.
Let’s stop this attack on the judiciary and ECL.
Imagine if the new constitution was not given, people that know how to insult would have had the time if their lives with their tongue twisting as well as their insults. After all its democracy!!! No blame game
@ The Truth (LOL)
1) “…Let’s stop this attack on the judiciary and ECL…”
2) “…After all its democracy…”
3) “…No blame game…”
Do you REALLY KNOW the meaning of democracy? Do yourself a big favor, stop pretending to be educated, knowledgeable or learned. Accept your inbred 1mbecility, suck to ECL in privacy of your shack and keep mum instead of crapping in public.
The problem with parliament is that it is part of the executive with so many members as cabinet ministers. That is why it was initially proposed that the ministers must come from outside parliament so that MPs are not influenced by the executive. Look at USA the White House is completely separated from both houses of representatives. As long as this system of having members of the executive in parliament continues we cannot expect anything good. Laws will always be passed to favor the executive regardless of who is in government.