The Civil Society Constitution Agenda says it found President Edgar Lungu’s remarks regarding Bill 10 during his address to Parliament on progress made in the application of the national values and principles to be misleading to the general public.
CiSCA Chairperson Bishop John Mambo says the President’s remarks were biased toward the perceived positives of Bill 10, completely ignoring all contentious negatives of it which CiSCA shall now endeavour to remind the President and the general public.
Bishop Mambo said the President was not truthful when he stated that political players want to see an extension to the period of presidential petition from 14 days to 30 days saying the issue was never the time period allowed for presidential petition but the interpretation of the 14 days provided.
“That is, if the 14 days provided included weekends. However, this debate on interpretation was resolved when the Constitutional Court ruled that the 14 days provided for presidential petition included weekends as well. Therefore, we wonder which political players the President was referring too, who want to see an extension to the period of presidential petition?”, he said.
Bishop Mambo also said that the President further stated that Bill 10 would secure and protect the Christian nation identity which the current Constitution preamble already states that Zambia is a Christian nation.
He said the inclusion of Zambia’s Christianity would make it difficult for the courts of law to interpret and execute the law because Christian interpretation of the Bible differs from one church denomination to the other.
Bishop Mambo said therefore, interpretation of the law should not be guided by Christian laws and morals. Which Christian principle would be used and what happens to none Christians?
“The President alleged that Bill 10 would enhance the separation of powers. However, contrary to the Presidents assertion, Bill 10 will move power from the Legislature and Judiciary into the hands of the Executive”, he added.
Bishop Mambo said Bill 10 will take away oversight that Parliament has on debt contraction as well as approval of international treaties and hand it to the office of the President.
He said Bill 10 will also take away power of the Legislature to delimit Provinces and Districts and give it to the President, remove the Constitution Court from the process of ratification of Presidential appointments in the event that Parliament reject his appointment for a third (3rd) time.
Bishop Mambo explained that currently, when Parliament rejects the Presidents appointment for a 3rd time, the case is taken to the Constitution Court for final ruling, however, with Bill 10, once Parliament rejects the Presidents appointment two (2) times, his 3rd appointment will be final and valid regardless of whether Parliament agrees with it or not.
“The President stated that Bill 10 will clear and bury all legal lacunae and inconsistencies found in our current Constitution. However, we are of the view that Bill 10 in its current form only creates a Constitution crisis and adds more lacunae. It proposes adoption of a coalition government in a presidential system; coalition government does not work in a presidential system. If Bill 10 is to cure lacunae why is it proposing the reintroduction of things initially not in the 2016 Constitution, such as, Deputy Ministers?”, Bishop Mambo said.
He said President Lungu only talked about the alleged good things and deliberately ignored all contentious issues, some of which have been raised in this statement.
Bishop Mambo has since encouraged President Lungu to do right by the people of Zambia and withdraw Bill 10.