Respected Law Scholar Professor Muna Ndulo has advised Zambians to keep pushing for the release of the draft constitution.
Professor Ndulo said the demand for the release of the draft constitution should also be followed by the demand that the next constitution be adopted via a referendum.
He said adopting the constitution through a referendum would help legitimize the entire constitution making process.
Professor Ndulo was speaking in Lusaka Wednesday evening when he presented a paper on Constitutionalism in Africa at a public discussion organised by the Law Association of Zambia.
“For me, I would first like to ask the Zambians to make a comparative study about what has happened in Kenya and Zimbabwe because I believe it is very similar to what is happening here and the various stag where the constitution debate has reached, where it is difficult to see the direction that it is going,” Professor Ndulo said
He added, “In Kenya, I was very involved in the Kenya process after a few failed processes, the two leaders there Odinga and Kibaki came and said please help us. We are done with this bickering and I strongly believe that Kenya had reached its own constitutional moment. In Zambia, we are at a stage where you have the draft and you are not sure what is in the draft.”
Professor Ndulo stated that the demand for the release of the draft should go side by side with the demand for a referendum.
“To me the demand for a referendum should not be just independent, so demand for release and plus referendum because you have to know what you are supporting. I’m not against the referendum, I support the referendum completely because it is a way to legitimize the process,” Professor Ndulo said.
He continued, “the way I regard a constitution is that it is a framework for governance, that you decide that okey, as us South African or Kenyans wherever, how are you going to be organised and how are you going to be dealing with arrangements such as government, institutions of governance and that I why it is important to recognise the constitution making process as a national project because you can disagree on policies afterwards but let’s agree on the framework.”
Professor Ndulo stated that the idea of the constitution is to regulate how the country is going to be run and how the various institutions will be governed.
“But you need to agree on what you want to create. In Zambia we have never had a debate about what kind of society we want to create. I think this debate has never taken place. I remember I was involved in the South African constitution and they had a whole year of debate about what kind of South Africa they wanted to create. They came up with 33 principles which were adopted and they had agreed that they wanted a non-racial society, and this and that and the constitution had to be tested against those principles and infact the constitution principles had to be tested in the constitutional and I remember on first attempt the constitutional court said no you didn’t and they didn’t argue, they had to go back and redraft and resubmitted and the constitutional court accepted.”
At the same event, UNZA Constitutional law lecturer Chipo Nkhata said the civil society in Zambia has played a key role in constitutional making in Zambia.
Ms Nkhata however said the relationship between the state and the civil society has not been cordial and the two are suspicious of each other’s intentions.
“NGOs in Zambia have tried to push the constitution agenda, there is a lot of good work that NGOs have done but they should ensure that the constitution place limitations on the state but NGOs themselves need to be aware of where the excesses are in the present constitution. There is need for a lot of advocacy work to hold the Government accountable, transparency and accountability are a key part of constitutionalism.
And media trainer Kellys Kaunda who spoke on the role of the media in constitutional making said freedom of the press across Africa is usually violated with impunity.
“Across the African continent, it is interesting that just about every constitution has a provision to that respects freedom of the press but what I have observed across Africa and you might want to ask what authority do you have to speak about other countries because when I was working for Voice of America, I had the opportunity of reporting in a majority of countries on the African continent and I saw firsthand how weak the enforcement of constitutions was, how law enforcement is, even when the constitution is clear on protection of Journalists, guys will violate the law willy nilly,” Mr Kaunda said.
He also urged Journalists to take a keen interest in constitution formulation saying the constitution is not a preserve of lawyers.
“I have always believed that a constitution is our autobiography as a people. It should reflect my aspirations as Kellys, it should reflect, Chanda, Phiri and Mulenga’s aspirations too.”
Prof I think you are thinking too much, I don’t think there is a necessity to have a Constitution
We have one, what is so difficult to understand
People often advocating for this are desperate and fans of UPND
WHy is HH using people like this man, ffs? I am shocked and unhappy
There is no need for a Constitution at all
Thanks
Yes I have to agree with Mushota. All the UPND goons see in the Draft Constitution is 50 % + 1 clause. That is all they want because THEY THINK that it is the ONLY way their TRIBAL party can put the Under 5 in plot 1. The constitution is more than 50+1 to help the failure HH get into state house. It is bigger than that.
You a fool. Just keep quite and mind your dying President in State House.
We are too broke for this thing.Lets use the one(constitution) we already have in place.
The day it will finally come, this constitution, it will be like huge victory. But let’s get used to the idea that PF is not in a hurry on this. May be later.
No need to rush for this.Rome wasn’t built in a single day.
Its so short sighted of people who think anyone advocating for the enactment of the draft constitution as pro HH. The document has more than the 50% + 1, what of dual nationality? What of Repeal of the PoA, the reduction of the Executive’s power. Does all this not seat well with all you opposed to the completion of the road we embarked on? Even when international donors have offered to fund the process, we still want to claim that we have better things to spend the money on. I bet Mushota et al, will label the funding agencies, which include the USA, as having been spoken to by HH. Shame that when either Prof Ndulo or Prof Hansungule comments on the constitution making process, people take leave of their senses and just assume being tonga they are conniving so and so’s. See past tribe!
The current mankind does not even need these people full of theoriesits high time we became practical. We do not need a constitution we already have one which is working so well.
@Mushota – After reading your posting, I think you should have stopped at ‘I don’t think’.
Thanks!
My take is what the professor has said is beyond the scope of most bloggers and certainly Wynter “Mwembeshi Reject” Kabimba
Such a full professor.He ended up a professor nobody will know.
Ricky,
Stop trailing me please, it is dangerous, you might crash 🙂
Thanks
Thanks for adding your voice to this noble cause, Prof Ndulo. We need all intellectual heavy weights to emerge from their ivory towers and speak out for mother Zambia.
The United Kingdom does not have a constitution so it doesn’t have all this troubles we go to including the paying out of huge sums of money to feed the empty bellies of the commissioners…
We of the South, West, NWest and East have cause to distrust and abhor the lying, incompetent, cheating, thieving congolese diaspora in the North. These are nothing but a bunch of crooks. Look at their country of origin, DRC, and then you have a perfect picture of the type of people we are dealing with. Corruption and theft run in their blood and there is nothing one can do to change them.
Consider this fraud at State House. Have you ever heard let alone seen such deception in modern times bar for the madness of the Soviet communiet era and North Korea pariah state?
The grand liar Sata hoodwinked all but Eastern and Southern Province that he woud give us a constitution in 90 days. I ask the rest of Zambia never ever vote for cheating North congolese descendants.
I submit,it should be enshrined in our constitution a crime for anyone promoting hate sentiments such as the tribal tag been championed by kabimba and mmembe.lets make it a criminal offence for economic sabotage unless under world recessions but not bad administering of the economy,the president should be jailed.
You mean it should be made a crime for anyone to cry out against and point a finger at tribalism? Is this what you are referring to as “promoting hate sentiments such as the tribal tag..”?
@chikubabeniso: Check your blood type. You sound tribal. I can only see how ambivalent you are to hopeless Kabimba’s rise to power in useless PF. The rest of us are not oblivious to that recent tribal hegemony that was unleashed to hound that dull fellow out of his office as PF Secretary General. The reality that that campaign was tribally inspired was confirmed by non-other than Guy Scott.
The hard fact is that, hadn’t Kabimba cried wolf, those tribal wolves which were pursuing him, would not have returned empty-handed, wagging their tails, gnashing their teeth, albeit without their pray. Your suggestion is, it must be out-lawed to cry wolf against tribalism. My suggestion is: kill the spider instead. Out-law tribalism instead of the cry against it.
those who have jobs and food educated want constitution , but we the majority Zambians want roads good hospitals , send children to school , clean water build houses to live in we are looking for basics
Mushota, people like you are the reason why Zambians can be called stupid. PF promised to deliver a constitution in 90 days and pretended to show commitment to the same by instituting a technical committee. Spent huge sums of money on the process and later they tell you we don’t need a constitution and you believe? Aren’t we having the same constitution that Rupiah wanted to change through the NCC? What has changed? FOOLS!
It is a good call, but not now professor.This referendum must be done concurrently with the presidential elections in 2016 to reduce costs. It is not feasible to hold a referendum now and a few months down the line general elections. We must tailor the situation according to the pocket.
Excellent point on aligning the referendum with the 2016 elections. In the meantime, let us then, study and amend the draft constitution.
That way we’ll know what we are inacting.
#OneZambia
“Respected Law Scholar Professor Muna Ndulo…” How refreshing to hear contributions from such revered lawyers unlike the Kabimba’s of this world who have never EVER in their LIFETIME won a single case yet they call themselves State Counsel. Hahahaha, Zambians must be jokers to stick with these dull ldiots!
We don’t need a new constitution.What we need are jobs.Nanaka ubulofwa ine.I won’t eat the constitution.
The Constitution is good as it is, what is needed are people that can correctly translate it. A few amendments and it is solid. Abash crying to expose a document as important as a nations constitution.
The old man is incapacitated and hasn’t looked at it…these empty tins have an excuse and they will run the clock till 2015 and by then it will be too late.
Zambians need to wake up we are paying a deadwood in State House to lay in bed all day and do absolutely NOTHING! !
We elected him following the due process of the Law, let us now turn our attention to the weak hungry opposition just vying for office to feed their greedy egos and tummies.
We have all along referred to PF as a party of illiterates. If they have been to school (Kabimba) then we wonder how many times they have repeated modules to pass. If these are the type of leaders we have expect little or nothing aspiring at all.
Zambia does not have a luxury of resources to waste on Presidential re-run elections. We all know that because of Regional voting in Zambia no one can get 50+ votes. Hence no need for putting such in the constitution. Even a running mate no need.
Couch potato, armchair critic.
You lumpen , just shut up. How many toilets have cleaned today. Do you have a proper residence permit there? Very soon you will be caught in a drug net in that country.
You lumpen , just shut up. How many toilets have cleaned today? Do you have a proper residence permit there? Very soon you will be caught in a drug net in that country.
illiteracy is bad how can you have good job with good constitution, when he pf promised new constitution you mean had no idea that we have a constitution or are they just dull or self-centred. this current constitution had over stayed it is efficiently meeting today’s demand so we need new one period
You are accusing others of being illiterates when it is you in need of urgent academic help. You seem not to know where to put your capital and small letters. Your punctuation leaves a lot to be desired too.
If you had not passed Wynter Kabimba at UNZA we would not have had this problem. You and othe Law school dons like Prof Mvunga are to blame for unleashing Kabimba on to us.
Professor, we would like you to know that we appreciate your marvelous contributions and hope for many more to come. It is amazing to note that Zambia has great sons and daughters who should come back and shine where there is evident DARKNESS. Please, all you learned comrades should do your best for your motherland ZAMBIA. IT IS STILL DARK AND BACKWARD. Yes it is!!!!
give me money people
i have read several comments from mushota, wanzelu, kudos and saulosi. My analysis is that WANZELU is the most intelligent of all but cant be all perfect, SAULOSI is quiet knowledgeable, probably he reads alot but lacks the abillity to make sound analysis and judgement to issues of intelligence, MUSHOTA is a joker, flatterer and entertainer who can not be taken seriously, KUDO is a dangerous character whose life is more of saddness than happiness, probably haunted by childhood traumas.
Thank you for the analysis. As for me, I keep on saying it, the South cannot accept the hegemony of the North in proportion to their hate. We maintain that the congolese diaspora in Zambia will ruin this nation as they have done in the past. May someone print this and give is grandchildren as a confirmation of the prophecy of what this thieving group has done and is doing to this nation called Zambia. The only region that will be marginally spared is the South because of its vehement opposition to the plunder of the congolese inhabiting the North.
First and foremost Zambia should thank God that we a person of Professor Muna Ndulo`s caliber. Early this year I was reading a performance assessment report about Professor Ndulo by students in the U.S who have passed thru his hands. It was an amazing report. I was so proud that a Zambian could be raised to such high bar, in terms of academic smarts.
Talking about Kenya, things are looking good there because they elected a progressive guy in Uhuru. But the major factor is that there new constitution has transformed Kenya`s governance system. And Muna Ndulo literally wrote that constitution.Kenya now has one of the most effective governance systems in Africa.
Muna Ndulo can only be appreciated in Zambia if there is a sensible and progressive government, and not the PF retards.
Blago No. 17. admittedly, It takes Zambia has well respected persons like Prof Muna Ndulo, who have earned world class reputations. I have personally read his profile, his contributions in law, indeed you will agree that those are great minded scholars. It is also true to say, a Prophet is not honoured in their own land that is why, most the simple minded characters rush to comment out of context without thinking. First and foremost, the issue of saying we do not have money to execute his proposal can only come from people that are not thinking. Look at how much funds have been wasted to review the constitution, followed by how much PF has wasted in inducing bye-elections, yet the priority issues are cast at the backyard? That is insane. Donors were willing to fund the process but !!…PF
would rather get the Euro bond and use it to pay themselves gratuities etc. Just today ZWD ran an article that Regina Chiluba was involved in $28,0000,0000 yet you claim this country has no money? How much has Sata stolen? His son, his Ministers, let alone Mutembo Nchito with the 14 Billion? that is just a tip of the ice bag. How mich has Chikwanda pocketed? RB and his sons? You guys are simple jockers. Money is there, Boma siyosauka !! It is you who is languishing in poverty and being told there is no money, How much was stollen by the Indian ZCCM $500 million plus $ 1 Billion n your eyes and government went on the back door to share the proceeds.
In summary, what Prof was suggesting is feasible…just follow politician and get what belongs to the zambian people
There you are learned ladies and gentlemen, time is up. Say it as it is. Zambia is DARK yet you guys can LIGHT IT UP the way you have done it in those mentioned countries. High School, College and University Students, Lecturers and all learned ladies and gentlemen! WHAT HAS COME OF YOU? Remember that if some of you are looking for good jobs, you have enough knowledge to create projects. Do not wait for politicians lies. In other words, THINK. Politicians are too selfish. THINK. Ciza uli?