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Domically Clause: The most foolish statutory instrument in Zambia

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Side view of the retirement House to the 4th Republican President Rupiah Banda at Bonaventure
Side view of the retirement House for the 4th Republican President Rupiah Banda 

There are several motivations the drafters of the current constitution had in mind when they placed the Domicility Clause (DC) in our current highest law in the country. One of those motivations is pure foolishness. I wake up on the shores of Lake Ontario and admire the azure morning dews on the meadows and I sigh, “What a brilliant country, a brilliant world we live in.” I have never doubted that Canada, for example, is an epitome of what and how a country and people should live. It is a model in almost every dimension – human rights, industry, technology, prosperity, academia and the list is endless. I live here and work here and have contributed my energy, intellect and I also lecture in its prestigious institutions – day-after-day contributing to the expansive knowledge base that make Canada a world’s beacon.

And here comes a Zambian politician who says, “No, he can’t come and vie for presidency here because he has not been in Zambia for 10 or so years!” Thinking this is patriotism – what retrogressive thinking. But before you indict me with insults and insipid mindlessness, let me tell you what you want to say. “You see, you want to double-dip – you want to have the best of the two worlds – you want to have a decent life abroad and then come and take away our positions!” If this is not foolishness, then it is the lowest form of ignorance. Because it will not be loss but an addition for me to return and contribute, for all purposes and intentions.

You don’t know the history of independent Africa. Africa was liberated by people who lived abroad and these influenced greatly the locals. They learned all the wisdom and secrets and even the hidden agendas of their Western counterparts and from then resolved to liberate Africa. They had to, first, understand the psychology of politics and the mindset that had enslaved or colonized them. They then knew how to “fight” for independence and self-determination. Africa would not have been liberated apart from those who got educated and who worked abroad. To develop Africa, the same trend must continue.

There are two advantages that those of us who have lived and worked in developed formations have over those of you who have spent all your life in Africa. First, we live and work with our American and European counterparts and we understand them better. When we run African governments, we will be least duped and “cheated” because we understand the concepts and ideals that set these countries apart from the rest. And second and last, we have tested the “engine” of the West and, therefore, we can relate to ideas like technology, monetary policies, democratic indices and human right indicators. If it comes to negotiating for viable economic policies and agendas, no-one who has not lived in these countries can outwit us.

The truth is, you can give a Zambian who has never lived in a developed country a job of a president and liberally permit him to rule for ten or more years, but the more years he rules, the worst the country will turn out. Give me the reigns and within two years I will develop the country. The reason is simple, I have lived in these developed formations for many years and I will, naturally, be more inclined to improving rather than degrading the brand.

Furthermore, our world is now a global village, and the implications are such that technology and knowledge are no longer a monopoly of one country. And the best people to transmit such knowledge and know-how will, naturally, be those who have lived and experienced Westernism firsthand. I submit that the fears those selfish and poorly-informed politicians had of imputing the DC into our constitution had are not founded.

We are not here in the developed terrains for ourselves. We love our native countries and we would like to be back and contribute at the highest level. Change the constitution and remove the DC from the highest national instrument. It is not only bullish; it is an impotent clause and can hinder the very progress that the nation desires and admires. Take way the DC and let those Zambians who have lived abroad come back and inject their experiences, knowledge, expertise, know-how and transferred-skills into development for all.

There are several motivations the drafters of the current constitution had in mind when they placed the Domicility Clause (DC) in our current highest law in the country. One of those motivations is pure foolishness. I wake up on the shores of Lake Ontario and admire the azure morning dews on the meadows and I sigh, “What a brilliant country, a brilliant world we live in.” I have never doubted that Canada, for example, is an epitome of what and how a country and people should live. It is a model in almost every dimension – human rights, industry, technology, prosperity, academia and the list is endless. I live here and work here and have contributed my energy, intellect and I also lecture in its prestigious institutions – day-after-day contributing to the expansive knowledge base that make Canada a world’s beacon.

And here comes a Zambian politician who says, “No, he can’t come and vie for presidency here because he has not been in Zambia for 10 or so years!” Thinking this is patriotism – what retrogressive thinking. But before you indict me with insults and insipid mindlessness, let me tell you what you want to say. “You see, you want to double-dip – you want to have the best of the two worlds – you want to have a decent life abroad and then come and take away our positions!” If this is not foolishness, then it is the lowest form of ignorance. Because it will not be loss but an addition for me to return and contribute, for all purposes and intentions.

You don’t know the history of independent Africa. Africa was liberated by people who lived abroad and these influenced greatly the locals. They learned all the wisdom and secrets and even the hidden agendas of their Western counterparts and from then resolved to liberate Africa. They had to, first, understand the psychology of politics and the mindset that had enslaved or colonized them. They then knew how to “fight” for independence and self-determination. Africa would not have been liberated apart from those who got educated and who worked abroad. To develop Africa, the same trend must continue.

There are two advantages that those of us who have lived and worked in developed formations have over those of you who have spent all your life in Africa. First, we live and work with our American and European counterparts and we understand them better. When we run African governments, we will be least duped and “cheated” because we understand the concepts and ideals that set these countries apart from the rest. And second and last, we have tested the “engine” of the West and, therefore, we can relate to ideas like technology, monetary policies, democratic indices and human right indicators. If it comes to negotiating for viable economic policies and agendas, no-one who has not lived in these countries can outwit us.

The truth is, you can give a Zambian who has never lived in a developed country a job of a president and liberally permit him to rule for ten or more years, but the more years he rules, the worst the country will turn out. Give me the reigns and within two years I will develop the country. The reason is simple, I have lived in these developed formations for many years and I will, naturally, be more inclined to improving rather than degrading the brand.

Furthermore, our world is now a global village, and the implications are such that technology and knowledge are no longer a monopoly of one country. And the best people to transmit such knowledge and know-how will, naturally, be those who have lived and experienced Westernism firsthand. I submit that the fears those selfish and poorly-informed politicians had of imputing the DC into our constitution had are not founded.

We are not here in the developed terrains for ourselves. We love our native countries and we would like to be back and contribute at the highest level. Change the constitution and remove the DC from the highest national instrument. It is not only bullish; it is an impotent clause and can hinder the very progress that the nation desires and admires. Take way the DC and let those Zambians who have lived abroad come back and inject their experiences, knowledge, expertise, know-how and transferred-skills into development for all.

By Charles Mwewa

63 COMMENTS

  1. Your childish bragging is the very reason the domicility clause was placed in the constitution. We don’t need you, continue lecturing in your prestigious institutions.

    • Constructive debate would help here. Apart from his bragging, would you like to comment on other points he raised?

    • Let Charles Mwewa mention the names of Africans who came from abroad to liberate Africa. Domicile clause was added to prevent people who don’t know what is going on come and force views from Canada on our people.

    • @Charles, iwe same as me, same career, same politics. The only difference is that I don’t “show off” like you and mulamo obe Field Ruwe.
      So imwe Ba Mwewa want to challenge HH or Edgar ku convention?
      Ine I can’t even take over Heritage Party because of domicile yabo iyo.
      I asked about bu MP, ati need adoption by a party. Bu independent nabo ni risky chabe, they may also demand domicile.

    • According to his theory, the longer one has lived in the West, the better suited they are for public office in Zambia. Not many Zambians would accept that. Let’s lower this to constituencies. Would someone who left say , Chadiza, in 1970 and has not returned since be suitable to elect as MP for the area? I would not bar such people by legislation but would leave it to the electorate to decide. I recently visited my old boarding school. It’s no longer the sch I knew when I was a pupil there.

    • #Charles Mwewa,
      Your report is not short of verbose. Being in Canada does not necessarily mean that you are more intelligent than Zambians who typically reside in Zambia. Genuine abilities are initially exhibited through thoughts which are subsequently expressed by the holder of knowledge and tested by the public. Your expressions lack room for contradictions and the acknowledgement that even Zambians who have never lived or studied overseas are capable of doing anything better than what you can do or aspire to achieve. Recall that Canada is an occupied nation which was originally meant for the Canadian oppressed Aborigines. Your report reflects your incompetence in teaching, learning and research at a university level. Bye

    • The brainwashing that has happened to Charles Mwewa is exactly what the Europeans and Americans want to happen to Africans so that we can all end up in awe of the West instead of liberating ourselves. Mwewa has been made arrogant and narrowminded by his stay in Canada and now thinks all who have never been to America and Europe arent fit to rule Africa. What a housenigger!
      Correction: Africa was liberated by people who lived abroad and people who stayed in the continent. Most however liberated Africa from Africa. Kenneth Kaunda, Julius Nyerere, Jomo Kenyatta, Nelson Mandela, Sameul Nujoma, Samora Machel, Patrice Lumumba etc never lived in Europe or America. They just liberated us from our homeground.
      They learned all the wisdom and secrets and even the hidden agendas of their Western…

    • They learned all the wisdom and secrets and even the hidden agendas of their Western counterparts from Africa. They didnt go abroad to resolve to liberate Africa. To, understand the psychology of politics and the mindset that had enslaved or colonized them these liberators didnt need to go abroad unless Mwewa is reading History from fake website pages. A person doesnt have to live with white men to become intelligent as Mwewa infers. A person needs to discover himself become proud of himself to lead his people to progress.

    • counterparts from Africa. They didnt go abroad to resolve to liberate Africa. To, understand the psychology of politics and the mindset that had enslaved or colonized them these liberators didnt need to go abroad unless Mwewa is reading History from fake website pages. A person doesnt have to live with white men to become intelligent as Mwewa infers. A person needs to discover himself become proud of himself to lead his people to progress.

    • #Sharon (comment 1.7) –

      Just so you know, no one in Zambia, not even the PF does that H H thing to begin a word with, anymore – it’s so 2016, stale bread – we have since moved on.

    • Haha! Bemba men and bragging, bulwele. For a minute I thought it was Kenneth Mwenda or KBF.
      Ati “our western and European counterparts “ the question is – do they refer to you as “our African counterparts too?”

  2. I concur. There are also many instances the country could improve. For instance, you hear about misapplied funds, unretired receipts, etc every audit report and surely in this day and age a solution can’t be found to plug these loop holes? It’s a mechanism to keep people happy by enabling ‘ukulila mwibala’! Current government is full of rhetoric, not much innovation to move forward!

  3. As much as i am not a fan of this domiciliary clause I think it makes perfect sense, you can not live in the diaspora for so long and expect to be parachuted to a comfortable position of Minister (Although Brian Mushimba did and is one of the best Ministers in ECL govt) or President. Come and live with the people and experience their challenges for at least 5 years then you will appreciate. Not ati I was a lecturer in Canada then you want to come and become President, go and sit down.

    • But you’ve just given a good example of someone who has been abroad and has been exposed to the ‘engines’ of the developed world and he’s one of the best Ministers in ECL government! Truth be told, it’s not easy to get a job in the West if you’re not good at what you do. How many white people behind that one successful African applicant? Give him credit, he earned that position and debate the points he has raised. With today’s readily available information at our fingers tips, we can keep up to date with the happenings in Zambia and the argument that you have to live the people and experience their challenges is somewhat redundant. Even the current crop of governing politicians are on the ground but are they experiencing the people’s pain? I doubt very much!

    • Brian Mushimba came back and worked for Larfage Cement he at least understood what we are going through even his American wife is here and being educated by us though struggling at Yunza.

    • @patriotic zambian. Hon. Mushimba characterized BEST minister by patriotic zambian. Indeed you live abroad, you are so depleted with the reality prevailing in the country. When were you last in Zambia? I tell you it’s embarrassing that cabinet entire blame climate change for corruption we going through. And you can elect the best from such a cabinet misleading President Lungu.

  4. I totally agree with the author. Most of these African leaders are not fit to lead an African village because they have not been exposed to modern civilization. They don’t see anything wrong with an Africa that is poor and under developed and they are happy as long as they can steal as much money as they can during their time in government.
    #3, who told you that a position of Minister is a comfortable one? This is why they all steal because they think that being a Minister is comfortable and a means to becoming rich. It is supposed to be a stressful and accountable job which should not be taken lightly!!

  5. in my opinion we have many Zambians living within and outside the country, many have been abroad, but I doubt if living in Canada would translate to having the know how on governance or let on presidency. I honestly think that the best president is one who knows that Africans have not lived up to the challenges of modern era and by extension someone who knows that the WEST have no interest to develop eastern europe n the rest of the developing world. anchoring hope in good bargain power to develop is worst nightmare. one needs to understand how Canada became developed before comping their model. I doubt if it can work in Africa given stages Africa needs to undergo. then living in Canada I doubt if one cud afford a house like that of HH or Anderson mazoka while the air is fresh and cold,…

  6. There are two advantages that those of us who have lived and worked in developed formations have over those of you who have spent all your life in Africa.

    This is exactly what Prof Clive Chirwa brought to Mwanawasa and the later told the former to f*ck off.

    • I thought it was MCS who chased him!! People with little knowledge tend to hold great fears about those perceived to be highly knowledgeable. If you visited a remote village and stayed there for a while, you’ll be amazed at the negative stories they’ll invent about you just so that they feel good by alleging you are no better.
      The insecurity of the ignorant is all it is about.

  7. The clause is just fine. The President implements ideas from his employees. You guys with experience from the west are welcome at technocrat level in the government..

  8. Good points but i prefer the DC clause stays. If you didn’t know, that is there basically for security reasons. For the security of the nation. We don’t need sell-outs as presidents in Zambia, in short. Why can’t you vie for the presidency of that country, the country of your residency?

  9. The level of education in our country is comparable to the education that was given in the colonial era to only a selected few to keep driving the colonial agenda. Your article is well articulated and is filled with good points that don’t look anywhere near bragging as some of people have alluded to here. Our peoples thinking wont change in another 200 years if not more. The disparate shades of our skin colour directly depicts our indifferences in thought and deed. White is white but being black is a million shades of black and that will always remain the issue. I figured this a long time ago and I am trying to make a science of it. This is the same reason greed is embedded in us and the more reason we wouldn’t like to support your views Mr Mwewa unless they came from a white person.

    • Which 14 years is this? From the time you were born or from the time you came back from your mission in Afghanistan or Iraq??????????? What are you talking about?

  10. There’s so much ignorance exposed in the comments. Cadre mentality with no capacity to reason out the points the writer raised. Is there any forum in Zambia online where educated people can interact?
    I expected people like LAZ President, Laura Miti, Attorney Generals (past & present) etc to offer their perspective. It’s seem like only Cadres from Kulima Tower are responding.

    • Of course The Kulima Towerns are the ones who vote while iwe wuli ndwii in a foreign country, just like the chap you think should be President has his ‘voters’ in the diaspora

    • @Zedian. Exhibit some politeness and sobriety in the manner in which you conduct debate.
      @Charles Mwewa your article is replicated. Communicate with the editor of LT to correct this error. Apart from that your article is well articulated to express yourself. Take time to review and familiarize yourself with the policy surrounding DC just to avoid debating issues in abstract. You can be a very good communication director for PF. You are better than Anton.io-Mwanza who can’t articulate issues. Nevertheless, Western civilization is not a prerequisite for leadership. In case you didn’t know, most leadership that liberated Africa were not educated in the West. Just come we build systems requirements for development and eventually match Canada.

  11. Anyone old enough to remember Dr Kamuzu Banda, president of Malawi? He went in from abroad. How much development did Malawi get during his time as president? It is more than living in the developed world. It is more. And while the writer praises Canada’s human rights record he needs to know that Canada still has Reserves for native Americans where tourists still get passes to visit the places and ‘view’ the people.

    It is possible for a Zambian to run for political office and win in Canada; Mutale Chanda did and was in office for a long time right there in Ontario and there is an area in the same Ontario just outside Toronto which always has a Pakistani politician.

  12. You can take an African out of Africa but you cannot take Africa out of him/her “Give me the reigns and within two years I will develop the country. The reason is simple, I have lived in these developed formations for many years and I will, naturally, be more inclined to improving rather than degrading the brand.” this is typical third world thinking “Give me”. Leaders are not given positions they campaign and earn them. This simplistic view on leadership in Zambia and Africa in general, is a sign of backwardness. You can live in the developed world and still be backward in thinking and miss the point. What this guy should be doing is to say I have belt such and such in Zambia and this is how I have developed it from the beginning. In the absence of these indicators it is just noise…

  13. This is new! Because author stays in Canada, he thinks he knows it all.
    The reason we have this clause is because ‘WE’ the people want to protect the nation and office of the president from foreign influence, which to some extent it does.
    With the right attitude whether our leaders haven’t been to the west we can make our country prosper. The assertion that only people like the author who’ve lived in the west can take our country forward is dangerous and it should not be entertained.

  14. Being educated outside in developed countries is not a panacea to progressive leadership. I see someone has already given the example of kamuzu banda which I also wanted to tackle.
    Let me add that, during the independence struggle of Africa, Dr kamuzu banda, who by the way was a medical doctor was considered as the most intelligent, most educated of all those freedom fighters of the time. He lived overseas for decades to the point were he couldn’t speak any of the native Nyasaland languages. He’s reign, made Malawians some of the most backward people in our region. By the late 80s they didn’t even have a TV station. Up to this day, Malawi is still trying to catch up with the rest of Africa. Your point Is silly and your article is unnecessarily long.

  15. I’ve ready the article and honestly I find it foolish and very insulting to say the least. A full expression of ignorance and inferiority complex. I’ve lived and still live in the UK for years and maybe longer than Mr. Charles Mwewa in Canada and that has not made me clever than those who’ve lived all there lives in Zambia or caused me to be so foolish as think that living in the developed countries makes you wiser on its own. I’ve met lots of people who’ve lived almost all there lives in developed countries and they’ve not achieved anything to tell for it accept that they’re not in Zambia.
    I live in London and I’m in Zambia almost every other month and despite all our shortcomings trust me I’m proud of my country.
    People like Mr Charles Mwewa in Canada have not really added or…

  16. People like Mr Charles Mwewa in Canada have not really added or improved anything in Canada but just go there and enjoy what they found already created and developed and they only add to tear and wear then foolishly think they’ve gained in wisdom and think they can lead Zambia.
    In conclusion the article by Mr Charles Mwewa is a pure expression and manifestation of a proud and foolish mentality whose greatest achievement is that they got a passport, jumped on a plane and landed in Canada only to enjoy what they found created and made himself think he was part of the development when actually they’re just an agent of its rapid tear and wear.
    I ret my case. Talk about Zambia but please ever insult my country men.

  17. Yes the clause seems like fear of the diasporans. Just compete on the same level ground. It seems they know they cannot convince electorate the same way the diasporans do.

  18. I concur with the writer 100%. Travel opens up the mind to endless possibilities. While most un traveled masses remain locked in their myopic little cocoons, the world has moved leaps & bounds using technology to address today’s challenges.
    Artificial intelligence enabled computers are analyzing data in mili seconds spitting out data insights that provide information required to solve problems in real time effectively, efficiently & accurately while in Zambia you lot are daily fighting about seasonal maize yield & what the price of mealie meal is at every month???
    And you thinking having cadres languishing in markets & getting propelled to leadership like ECL will make us competitive at a world stage?
    You guys are jokers! Good luck. No wonder to solve problems you turn to national…

  19. national day of prayer! And you think God will shield your stupidity & give your prosperity on a silver plate??
    Umana ushenda atasha nina ukwipika..
    Our forefathers were not stupid when they had these sayings. Yet you lot with a bit of English think those in the diaspora are stupid when they beg to come back & share what will make us successful.

  20. You’ve lived abroad for so long and what have you got to show for it? You have the audacity to shamelessly brag about the opportunity to sample Canadian technologies as an achievement. If you’ve acquired that much knowledge from Canada why not come around and share it with your countrymen and perhaps out of that they’ll be able to judge you better

  21. The debate going on is so mediocre immature and in a immoral, just insulting and disparaging each other. How can a country develop with such low minds?

  22. I stopped reading at….’Africa was liberated by people abroad……’

    What does the writer teach at Canada’s highest institutions. Nonsense on Africa?! Sorry but the domicile requirement is necessary to keep fake self agrandising individuals out of our Office of The President. It’s purpose is to protect the highest office from little fingers of greed.

    Try being Prime Minister in Canada INSTEAD for all our sake. STAY THERE……BORING………

  23. Why the fuuck not ? ?? Israel dies it all the time! … Stanley Fisher.. Zambian born raised then moved to USA and world Bank ended up being Bank of Israel governor..only because he is a qualified Jew…why can’t our diaspora teleport to your positions?? Kagame studied in USA and he has inf if Africa’s fastest growing economy… problem pa Zed is you gave too many useless ACCA CIMA and some shiit that adds Zero value to our Fatherland!.yes Zedians that have never left Africa can be great too eg Museveni.. a traditional African man who is great for his country. Add lat Gaddafi to that..my point is we are ALL Zambians and lest ALL have equal opportunity to push our Zambia forward!

  24. so if I have lived and lectured in south Africa, I’m best suited to be president of Congo because South Africa is well developed? if this man means well for Zambians, its not the necessary to fight for top leadership, let him come back to Zambia and let him advise us on social media like he posted, but if his idea of knowledge sharing requires him to be the cream of the cake then he is not so different from HH who by the way is a member of ALN.

    I’m breaker and I approve this message

  25. Bottom-line is Give every Zambian equal chances. Who are we to decide some Zambians don’t deserve it? If the guy from outside is not suitable, let the people decide through their vote.

  26. Not true, the owners is on us to change the mind set and making sure we focus on setting up our own project and the need to work hard as citizens so that we can have all we need on our table. The retired Head of States should be appreciated that is why every employee should be given a retirement package.

  27. you could be a very bad president. The longer you stay away from the country the more you become detached from the real issues of the country. You even become aloof thinking others can’t reason as much as you could do just because they have not been to the places you’ve been.
    You’ve rightly stated that.

    Malawi did exactly what you’ve stated with Kamuzu Banda who eventually became a dictator. Now, what has Malawi achieved more than Zambia.

    Even when you retire from your current employment, you’ll find it difficulty to come and settle down in Zambia especially your children because you’re no longer one of us. You’re a Zambian Just in name only. Then how could you be our president??

  28. It is all very well people saying we need someone who understands people’s issues.

    What does HH or Lungu who live in Lusaka know about villagers in the outskirts of Central Province?

    They don’t live with them, they only read about their issues no more than anyone does regardless of where on earth they are located.

    If you do take interest in people, you can understand their issues. You can understand South Americans issues without ever having visited the continent.

    A lot of Westerners understand our problems, they don’t experience them personally. It is not that hard to learn about other people’s lives and daily experiences if you actually just took interest.

    To win elections in Zambia, you need to gel with the marketers, the youths, people in villages and subsistence…

    • To win elections in Zambia, you need to gel with the marketers, the youths, people in villages and subsistence farmers.

      When you interact with those people, they couldn’t care less if you live in Zambia now or if you have ever lived in Zambia.

      They care only that you are Zambian and that you understand their issues and can propose solutions they can envisage improving their lot.

      People arguing and debating on these internet media almost don’t matter, you are the very small minority.

      So to both the chap who wrote this article and those who are commenting and arguing among yourselves, you are simply misdirection your energies.

  29. EQ stands for Emotional Intelligence, most of the people who have posted comments in response to the article you lack EQ. I generally find that every time I am visiting home (Zambia) people lack an objective view about the matters surrounding them. From hammers mills built on hilltops to mansions in forest reserves or Scania trucks worth hundreds of thousands of US dollars that are insured in hundreds of thousands of kwacha. Even after a clear explanation to them of what that amounts to, they will still think you are crazy and you don’t know what is going on. I know every single Zambian given the opportunity they will grab it to emigrate. People are hopeless. IT IS TRUE THAT OUR FREEDOMS FIGHTERS FOR EXTENDED PERIODS WHERE DOMICILED ELSEWHERE. MOST OF THEM SPENT TIME IN CUBA, TANZANIA,…

  30. AMERICA ETC. Michael Sata was in the Uk, For extended periods Grey Zulu flocked Tanzania and Uganda. it doesnt make sense to prevent others to participate in the development of the country for fear that they will be unpatriotic. Sir Ian Khama was forcefully exilled in the UK, Sam Nuyooma, Pohamba, Kwame Nkurumah all the funding fathers of the African states have a story to tell. So either you will be objetive or subjective about these issues. I call upon the school of Zambian thinkers to develop your Emotional Intelligence and develop your ideas. The author is just excising his views and you need to develop you counter narrative. When the top citizen gives back aid because he fails to exercise his mandated authority to deal with graft that shows how Emotional Intelligence is lacking…

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