Renowned Constitutional Lawyer, Sakwiba Sikota, has said that it is disappointing that those opposing the enactment of Constitutional Amendment Bill number 10 of 2019, do not seem to have a fixed position on why they are against the Bill.
Speaking in an interview with ZNBC, Mr. Sikota said that the stance of some named institutions towards the Bill seems to move with the wind and is not tied to any concrete reason.
Mr. Sikota said that the initial opposition of the Bill by some entities was about the content which the stakeholders felt did not represent the views of the people.
The State Counsel said that he is however surprised that even when the Parliamentary Select Committee came up with recommendations attending to the concerns raised by stakeholders, some entities still decided to change their stance.
Mr. Sikota said that it appears that some people just want to find something to oppose even though the process has attempted to deal with some of the major concerns raised.
Mr. Sikota said that true democrats, realize that the process of enacting a Bill entails hanging on and debating one’s point of view and NOT boycotting when confronted with contrary suggestions.
Mr. Sikota said that young people and women should support the Bill-10 because of the mixed-member representation clause which seeks to create more space for them in the governance system of the country, adding that another key provision in the Bill that will enhance governance is the proposal to increase the number of days to hear a presidential petition from 14 to 30 days and that this will give more time to Presidential petitioners to argue their case.
Meanwhile, Kabushi Member of Parliament Bowman Lusambo has urged the Patriotic Front – PF in North Western Province to sensitise members on the importance of supporting constitution amendment Bill number 10. Mr. Lusambo said that opposition members of Parliament are peddling lies using Bill 10 and misleading the public on the contents of the Bill.
He has challenged the Provincial Administration to sensitise members of society on the contents of Bill 10 and not to allow opposition political parties to use it as a campaign strategy.
Speaking when he met with the North Western Province PF party officials in Solwezi, Mr. Lusambo also urged the young people to utilise social media productively. He said insulting the Head of State on social media will not be condoned by the Patriotic Front and urged young people to desist from the act.
North Western Province PF acting Chairperson Koshita Shengamo said the visit by the MP is a sign that the party is strong and United.
Ain’t it bizzar that the so called experts that are in support of this bill only argue against us none lawyers………
when real constitutional experts like the Zambian lawyer who was involved in creating the Kenyan constitution , Zambian Professor Muna Ndulo voice their reasons why bill 10 is bad for Zambia , these experts scatter into holes in ceilings like other PF rats.
They don’t argue against points raised by people like Prof Ndulo, they wait for the general population to list their opposition.
These politicians who fail to even hold a rally in their own house and fail to convince their own wives and children to vote for them, but busy claiming to be presidents of political parties.
Recommendations of the sub committee remain just that, recommendations. There is absolutely no guarantee that all the recommendations will be adopted. The refusal to withdraw & redraft the bill confirms the sinister motives of those who drew & presented the bill. Once Constitution is opened up, that’s it, all safeguards are off. Next time consult the people who are the main stakeholders. We know better now…
Renowned Constitutional Lawyer, Sakwiba Sikota, argue against points raised by Prof Ndulo against bill 10 ,
don’t be a coward and only look at arguing against none lawyers …….ala…
Any half dimwit knows this bill hinges on the removal of the clause that empowers any citizens to challenge any Presidential aspirant from appearing on the ballot paper within 7 days of nomination presentation to ECZ. All others clauses are just “sweeteners”. It was conceived in deception. Why wait to challenge the eligibility after the voting ? NDF was meant to be a dialogue period, not a Constitution amendment process in itself….now even the reopening of parley is fraught with dumbfounding “delays”…Shame
All those opposing are opposing not because they have read no, because their Bally says so. Muna Ndulo came like lightening to defend the presidential petition however we never knew when he left the country.
Nonsense, now I understand why they replaced Sakwiba with Bally when Mazoka passed on.
What’s more dissapointing is that Zambians have had enough time to come up with a constitution that is best suited for the governance of the country since independence but are still going round circles. Another thing is that no constitutional bill, no matter how bonafide is going to solve Zambia’s real problems – failure to properly manage our resources, underdevelopment, unemployment and poverty, amongst others.
If a constitutional Bill was the key to solving a country’s problems as many people would have us believe, then there wouldn’t be civil unrest in America where Blacks still face opression, despite living in a country with the “best” democracy worldwide.
Sikota is a f…l. failed politician and failed to even have people’s support. What has he done for our poor people?
Unfortunately whatever sikota says will always be against HH as he sees him as having taken away his position in UPND which was supposed to be president after the late Mazoka so we understand the bitterness in his heart.
I’m grateful to you Spaka, Nemwine, Tarino Orange, Madilu System, Mr. Chanda Fumba, Ms. Kasonde Linda, Mr. John Sangwa SC, Ms Laura Miti, Dr. Elias Munshya, Kaaba and fellow learned colleague at UNZA, Ms Judith Mulenga, Mr. Maiko Zulu to mention just a few of you. No matter what happens to bill 10, you will be fondly remembered for standing up to the crocodiles that shoved bill 10 into our throats almost with obscene and vulgar shamelessness. Thank you.
Foolish lawyer, shut up if u a not with the Zambian people, we hv enough of Lungu ad PF, they ain’t taking this nation to anywhere bt to doom.
All along i thot this guy was an intellectual
At one point ,i almost went on my knees to great him. From today onwards, my conscience is now clear.
Bill 10 is ECL’s and PF’s last life line…
They will do anything to make it pass the 2nd reading.
Its about political survival.
Prof. Ndulo is not an authority in constitution making. He is a known upnd sympathiser and an ardent hh supporter. His partisan view has compromised his neutrality in this matter. Whi says if Ndulo is not there, no other Zambian can lead on this matter?? Will any constitutionalism die with Ndulo?? It’s like saying after Kalusha, no other Zambian will hit those heights-what a jagged way of looking at things. Bill 10 ni forward, 2021 ni PF nafuti nafuti, upnd ni ba ngwele!!!
When a dispute between husband and wife, two families, countries or arguing parties fails to reach an amicable conclusion, help is appealed for external input by extended family, friends, specialized international bodies, religious bodies and many more with acumen to soothe the turbulence and offer guidance to solution. Zambian law is sibling to what exists in many countries of the Commonwealth grouping and if Zambian experts cant get the act together (much to do with partisan prejudice than professionalism) in formulating an “acceptable” constitution and/or amendments, why not table a request to the Commonwealth Secretariat for assistance? Like Ndulo assisting with the Kenyan Constitution, the Commonwealth could provide experts to help with drafting a document that then our law makers…
I LOVE BILL 10. BUT I THINK PF NEEDS TO GIVE WAY TO ANOTHER PARTY IN 2021. YES, WE WILL KEEP BILL 10, BUT WE WILL DO AWAY WITH PF.
I myself am very disappointed with this PF government because they have wasted so much time fighting to change the constitutional of the country instead of fighting to change the economy of the country if PF were wise they were suppose to fix the economy first and then anything after is ok for the country people will have confidence in the government that they mean well for the country but since Lungu came in power it’s scandal after scandal no time to work and develop the country.
But as things stand now it’s too late for PF these guys are just political fraud stars who want to remain in power by all means just looting 2021 it’s game over and be warned rigging is prohibited this time around no entering savers.
Zambian Citizen June 20, 2020 At 11:07 pm
“….Prof. Ndulo is not an authority in constitution making…”
Then argue against the points he raises , debate with Prof Ndulo , stop you cowardice and behaving like rats in a kitchen , scattering and scampering in all directions when a lawyer comes to raise concerns on bill 10……
Like koswe number one lungu , looks like you can only sell bill 10 through bribes to headmen in villages
I myself am very disappointed with this PF government because they have wasted so much time fighting to change the constitution of the country instead of fighting to change the economy of the country if PF were wise they were suppose to fix the economy first and then anything after is ok for the country people will have confidence in the government that they mean well for the country but since Lungu came in power it’s scandal after scandal no time to work and develop the country.
But as things stand now it’s too late for PF these guys are just political fraud stars who want to remain in power by all means just looting 2021 it’s game over and be warned rigging is prohibited this time around no entering savers.
Mr Kalima Nkonde wrote an educative Article on why Bill 10 if enacted into law will be an Economic Disaster for Zambia. Mr Sikota is a prominent lawyer so why doesn’t he write an Article explaining to the Man on the street the Benefits of Bill 10? Why is it all Bill 10 supporters can’t argue clause by clause outling the Benefits of Bill 10?Their failure to do so means that Bill 10 is evil and should be either withdrawn or defeated in Parliament. MPs were dribbled by PF in 2016 and lets hope they will not be dribbled again with their eyes open in 2020. Once bitten twice shy!
But this is what those opposing the bill have failed to do #Chanda! The language has simply been , “Withdraw, withdraw, withdraw!!!” I actually feel ba opposition have failed lamentably to articulate their stance against the bill because they have run away from debating the document objectively. Who says UPND do not have alterior motives? Since when did opposition MPs go and dismantle this bill for their constituencies to appreciate their stance? Opposition due pa Zed are too restricted to the failures of the incumbent rather than articulating their alternative approaches!!!
CHIPUBA SANA BUNDALA UYU.HE IS A MALACHONDI
HE IS BITTER BASTARD
WHY MOVE AWAY FROM 50 + 1 TO SIMPLE MAJORITY IN BILL 10? AND WHERE IS ULP? IS THIS THEIR STANCE?
To cut a long story short, it would be better for UPND and others to draft their own constitutional amendment bill number 10 and present it to the Zambian public through the government gazette. This will enable us to compare the two documents and then argue our case from an informed position. They can bring professor muna ndulo to assist them. They can do this within one week because time is running out. We need.new constitution before the 2021 elections. PF and other stakeholders have done their part. It’s now for UPND and their collegues to present their counter arguments in form of an amendment bill similar to bill 10. Nothing but the whole document instead of just picking a few points here and there. It’s time to work, work and work not just criticising, criticing and criticing…