Hon. Rapheal Nakachinda chairing a sitting of the parliamentary select committee on the Constitutional Amendment Bill.
Hon. Rapheal Nakachinda chairing a sitting of the parliamentary select committee on the Constitutional Amendment Bill.

The Zambia Institute of Chartered Accountants (ZICA) has welcomed the process of amending the Constitution to rectify the key gaps, promotes Human rights and improves the Governance of the Nation and hoped that hoped that “as Parliament passes this legislation, Members of Parliament must give the citizens a Constitution that will stand the taste of time.”

However the University of Zambia has asked Parliament to withdrawal the Bill and undertake further consultation and claimed the process to come up with the Bill was not all inclusive.

ZICA has however not welcomed the reintroduction of deputy ministers by stating that Deputy Ministers were previously removed because their positions were seen to be redundant and not cost-effective. The professional body has also said the these functions of Bank of Zambia should not be taken away from the central bank as proposed by Bank of Zambia itself but should be explicitly stated as functions of the central bank as indicated in the current constitution.

On the proposal by the Drug Enforcement Commission to change its name, ZICA has stated that the newly created Anti-Drugs, Economic and Financial Crimes Agency’s role will not overlap with that of the Financial Intelligence Centre which currently investigates financial crimes. The Anti-Drugs, Economic and Financial Crimes Agency’s role should be complementary to that of the Financial Intelligence Centre by prosecuting those identified as being involved in financial crimes by the Financial Intelligence Centre.

Meanwhile the University of Zambia Acting Vice Chancellor, Professor Enala Tembo-Mwase, in a written submission said claimed amendment of Article 1(5) the Bill, which seeks to add the words, subject to article 28”, was intended to remove the sovereign authority of the people of Zambia to the Constitution Court.

The current provision in clause 5 of Article 1 reads, “a matter relating to this Constitution shall be heard by the Constitutional Court” and once amended it would read,

“1 (5), subject to Article 28, a matter relating to this Constitution shall be heard by the
Constitutional Court.”

The University of acting Vice Chancellor made several observations, welcomed amendments to certain provisions but also rejected others. Based on their observations and their incorrect readings of provisions such as amendment to Article 1(5), the University of Zambia recommended the Bill must be withdrawn.

In urging Parliament to pass the legislation, ZICA has however, appeal to the Parliamentary Select Committee to consider the expert views before enacting this Bill.

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26 COMMENTS

  1. Here is an Institution that has offered reasons why they think that the Bill needs further refinement before submission – unlike others who just think that the Bill should be withdrawn without submitting compelling arguments. Well done ZICA and UNZA for sound and very good submissions.

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    • Somebody is putting words in Zica’s mouth. ZiCA has observed the current Constitution has a lot Lagunas which need to be rectified thru appropriate Amendments. Where did ZICA State that they are in support of Bill 10? ZICA is saying Bill 10 in its current form should not be passed by Parliament. The Bill should now be put on the floor and allow MPs to vote on the Bill. To pass this Bill a 2/3 Majority is required and the is by Secret Ballot. Walking out of Parliament over this Bill is also a Constitutionally acceptable Right to vote against the Notorious Bill.

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    • @Musonda read submission by ZICA with your eyes open and mind. ZICA expressly stated they welcome amendments but also they said in conclusion that as Parliament passes the legislation, MPs must consider submission from expert. Nowhere did they say they dont want amendments like NGOs and UNZA.

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  2. We cannot have a good constitution as long as HH is still in active politics. The political atmosphere is charged with unreasonable thoughts. Why not save the money until 2021 when HH is sent to sleep forever by none other than his own party after his umpteenth loss.

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  3. There is never a more progressive report I have read like this one. Very objective but UNZA spoke like cadres

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  4. How come ZICA are more objective than most CSOs for and against Bill 10. My UNZA also doing politics instead of speaking to core issues

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    • According to you anyone that opposes your view is speaking politics ?Such ignorance is the reason we are still a third world country .Everyone has a right to oppose or support and there is nothing wrong with being political as this is a political process .I really think we need basic civic education in Zambia .The amount of ignorant responses on some of these topics is alarming.

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  5. NGOs biggest mistake in this process is shunning it rather than suggest clean up. Can’t ve a Constitution where NGOs think they re fountain of wisdom in making constitution. Let’s removal bad clause and have good clauses

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    • I have no respect for unza as these chaps are inept fellows who have been failing to produce substance for the nation. The guys research is full of copy and paste,no ingenuity at all and this is the reason why its ranking is no where on the international stage. Same law experts from unza and educated at unza have been failing the nation country in previous constitutions amendments. Thy are cadres, and not professionals. At least zica influence is felt beyond southern Africa and it’s materials are internationally accepted and hence their unbaised view. We don’t need experts to draw our constitution, we just need people can read and the clauses in chronological order as fake experts have been confusing the masses always.

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  6. Zambia’s democracy will mature when intuitions don’t use political lenses to discuss national issues. ZICA is model while academicians seem missed the point

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  7. When you are full of hate for someone, even the good they do and the truth they tell can’t be appropriated! Hate blinds! This Bill has polarized a once United people. What is dangerous in this Bill is the centralization of power in the Executive, a thing previous Constitution Review Commissions have said we should move away from! Are we trying to ignore the fact that Absolute power corrupts absolutely? Are we ready to be slaves again? Be careful with bad laws! Withdraw the Bill before ZCTU does it for you!

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  8. We don’t need amendments now especially that the so called cadres don’t obey the current one even the people in power don’t obey it so what’s the use of changing. This is just going to cause more confusion as it doesn’t fix anything but adds only more ambiguity to the current one

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  9. We don’t need amendments now especially that the so called cadres don’t obey the current one even the people in power don’t obey it so what’s the use of changing. This is just going to cause more confusion as it doesn’t fix anything but adds only more ambiguity to the current one

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  10. All Zambians need to understand what the amendment bill entails, it is therefore incumbent and morally right to explain this in all local languages by stakeholders who are independent, for it to be ok, otherwise you have a handful of people masquerading as having people’s interest at heart

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  11. The NDF process was a PF driven process where people were not free to make submissions on what really needed amending in the constitution! In fact, the president himself is on record as having said the chairperson was not to receive new submissions! This is one of the worst approaches to constitution making/amendment process compared to what we have had in the previous Constitution Review Commissions before PF came to power where the commissions went round the country to get citizen submissions! We can not get a credible Constitution from this one sided submission by a select few! The intentions and motives behind this Bill are evil! Gerrymandering should not be entertained or we’ll become PF slaves with no freedoms left!

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  12. OBSERVATION WORTH NOTING.
    The submission by the University of Zambia was actually the work of the Institution’s School of Law. Prof. Mwase, in her role as Acting Vice Chancellor was merely an administrative conduit to covey Unza’s School of Law to Parliament. The biggest mistake Dr. Kaingu made as former Minister of Higher Education, was to appoint a PLAY BOY – Luke Mumba – as Vice Chancellor of Unza. This young man opted to hide away when a the incumbent Vice Chancellor must be in attendance to guide Unza at crucial times. Unza’s School of Law failed to offer alternative solutions to the proposed Bill, The Law maker is Parliament – NOT the Constitution Court.

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  13. OBSERVATIONS WORTH NOTING.
    The submission by Unza was actually the work of the School of Law. Prof. Mwase, in her role as Acting Vice Chancellor was merely an administrative conduit to convey Unza’s School of Law’s raw views to Parliament. Unza’s School of Law failed to offer alternative solutions to the proposed Bill – it should have presented credible contrasting contributions. The Law maker is Parliament – NOT the Constitutional Court. The huge mistake Dr. Kaingu made as former Minister of Higher Education, was to appoint a PLAY BOY – Luke Mumba – as Vice Chancellor for Unza to please the President. This young man hides away when the incumbent Vice Chancellor must be in attendance to guide Unza at crucial times.

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  14. My point these organizations do not represent the people, miles and miles away from Lusaka, a place where thieves and crooks reside, a place of greed and indebtedness, crime and high costs of living, think of an ordinary person in some village, what is their view, a poor farmer in some bush what is their opinion but what these groups do is talk on behalf of others without shame in their stupid mouths. Can’t wait for this government to pass away like the rest of them crooked ones like the RBs and the FTJs

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  15. Wither ZICA! just when did ZICA obtain views of its Members? One can’t remember any forum facilitated by ZICA soliciting the position of its Members.

    Just whom did ZICA consult on this score? As Members, some have very strong views about the context and the content of this Constitutional Amendment Bill. Why hasn’t ZICA deliberately sought the collective wisdom of its Members, if indeed they have submitted that the current Bill be allowed to go on, notwithstanding any progressing Provisions contained therein and the possible amendments that might be made to the current Draft. Let the People talk. Remember, Politicians and Civil Servants are only Employees of the People, which Employees cannot dictate their Conditions of Service to their Employers, the People of Zambia!

    Let this…

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    • I’m sure you are not a member or you never read your email because ZICA circulated the draft bill 10 and urged members for comments, suggestions etc.. All those with inputs did except of course may be those Who are controlled by the Supreme leader thru group think mentality…

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  16. The problem in Zambia is trust. It appears we are so selfish to the core that we fail to see beyond the nose. Personally I am not happy with the mentality of the current leadership both ruling and opposition. They really dont inspire a common man. They cant be trusted. Solution, look for a different crop of leaders maybe among the trade unionists. Abashala kuwayawaya fye.

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