The Technical Committee on Drafting the Zambia Constitution has reiterated that it’s not within its mandate to discuss the mode of adopting the new Zambian Constitution which will be formulated after all consultative processes are completed.

Technical Committee on Drafting the Zambian Constitution Chairperson, Annel Silungwe said the Committee’s Terms of Reference was very clear on the matter.

Justice Silungwe said the Technical Committee has Terms of Reference given by the Republican President, Michael Sata to draft the constitution and not to determine the mode of adoption of the document.

He said the committee will not go beyond its Terms of Reference given by the appointing authority but advised delegates to remember that the mode of adoption is addressed in the guidelines.

The Chairperson explained that the work of the Technical Committee will come to an end once the Final Draft Constitution is drafted and presented to the Republication President.

Justice Silungwe was reacting to attempts by a delegate representing the Movement for Multiparty Democracy (MMD) Muhabi Lungu who wanted the House to add the mode of adopting the document on its agenda before splitting into Thematic Working Groups.

Another attempt to support the call to discuss the mode of adopting the constitution by Charles Kafumbo of the Zambia Direct Democracy Movement (ZDDM) was curtailed by Get Involved Zambia (GIZ) Executive Director, Father Frank Bwalya who raised a point of order to question whether it was orderly to repeat what the previous speaker had already raised.

The House was almost diverted into discussing the legality of the Convention after the Solwezi West MMD Member of Parliament, Humphrey Mwanza raised to ask but both National Revolution Party President, Dr Cosmo Mumba and the National Youth Chairperson for the opposition Forum for Democracy and Development (FDD) Antonio Mwanza defended the legality of the convention before Deputy Chairperson of the Technical Committee, Dr Julius Sakala responded to clarify the matter.

All this happened before the guidelines on the conduct of the delegates during the Convention were read to the House.

Meanwhile, a delegate from Western province has asked the Technical Committee to allow him present to the House the message from the Province about the Barotseland Agreement of 1964.

The issue attracted debate even before the Committee Chairperson responded to his request which led to the matter left unresolved as the House went for a lunch break.

But when the House reconvened, Convention Facilitator Muyunda Mwanalushi told the House that the Barotseland Agreement of 1964 and the mode of adoption will be considered in the Thematic Working Groups.

By Press time, the House was also expected to elect the Chairperson and the Vice Chairperson to preside over the deliberations of the Convention before the close of the day’s business.

ZANIS

The national constitution convention has today kicked off in Lusaka with hundreds of people from various sectors of society gathering to make final contributions to the first draft constitution before the final one is formulated and handed over to President Michael Sata.

This national convention follows the successful holding of 82 district consultative forums, 10 provincial conventions and the recently held sector groups’ convention which was a specialized distinguished gathering of professionals and subject experts who were grouped in sectors according to their area of specialization and expertise.

Acting President Edgar Lungu officially opened the national constitution convention in the history of the country on behalf of President Sata.

Mr. Sata reaffirmed that under the Patriotic Front government, Zambia will not borrow or import a constitution from any other country but will formulate its own people driven supreme law of the land.

He said in a speech read for him by Mr. Lungu that the national convention, which marks the conclusion of the formal consultative process on drafting the Zambian constitution, demonstrates that Zambians are capable of rising above personal interests and work together for the common good of the nation.

The President noted that world over, the constitution making process was an art in compromise and consensus building which calls on citizens to give prominence to national interest as opposed to serving narrow partisan interest.

He said the constitution making should have a long term perspective and should not be motivated by short term gains.

President Sata has since urged delegates to utilize the platform provided by the national convention to selflessly contribute to the development of a new constitutional order because they carry the aspirations of millions Zambians.

He stated that the unsuccessful attempts of the past should motivate all delegates to finally put before the Zambian people a constitution that entrenches constitutional democracy, upholds the rule of law and establishes a credible governance system where the rights and liberties of all people are fully respected and protected.

The President reaffirmed his government’s commitment and determination to motivate the people of Zambia to give themselves a new people-driven and people centered constitution.

President Sata repeatedly emphasized that the process should be undertaken with a great sense of patriotism and reminded delegates and the technical committee not to simply pander to foreign interests or seek to incorporate standards and principles which do not reflect the country’s unique socio-political environment.

He added that Zambia seeks a modern constitution that will reflect its democratic progress but noted that the modern constitution should not be done without due regard to who the people of Zambia are.

And Minister of Justice Wynter Kabimba, who is also the ruling Patriotic Front Secretary General said his party pledge to give Zambia a people driven constitution which he said his government has prioritised.

He said the PF government will do everything within its power to ensure that the Zambian people achieve their desired goal of a people driven constitution which will stand a test of time.

He echoed the President’s sentiments that Zambia will not borrow or import a constitution from other country but will work hard to formulate its own document that will shape the future of the country and its people.

Mr. Kabimba noted that Zambia has been peaceful since independence and has therefore called on all Zambians to remain peaceful and united as always.

And Technical Committee Chairperson Annel Silungwe praised President Sata for the political will he has shown in having the constitution making process completed.

Justice Silungwe has since commended all participants for the commitment shown in the ongoing constitution making exercise.

He disclosed that the resolutions of the national convention, comments that were made by the local and international experts on constitutional law and practice as well as resolutions adopted at the sector groups’ convention will be considered by the technical committee when preparing for the final draft constitution.

The national convention will receive and consider the comments and recommendations of the ten provincial conventions and further examine and deliberate on the clauses of the first draft constitution.

The convention will also prepare and submit a national convention report which will highlight the comments and recommendations to the technical committee for consideration in preparing the final draft constitution.

The proceedings of the national convention will be conducted in both thematic working groups and plenary sessions that will be assigned parts of the first draft constitution to consider before the convention closes on Wednesday next week.

ZANIS

United Party for National Development (UPND) leader Hakainde Hichilema yesterday asked the a Lusaka Magistrate’s Court not to award any damages to him after
the Director of Public Prosecutions (DPP), Mutembo Nchito entered a nolle prosequi in the matter which was scheduled to commence trial yesterday.

Mr Hichilema has advised the State to channel the said damages towards poverty alleviation programmes.

Speaking in an interview, Mr Hichilema said costs for damages were paid from tax payers’ money who were not part of the State’s mistake to arrest him and wondered why he should accept the said damages without any conscious.

Resident Magistrate Boniface Mwiinga discharged discharged Mr Hichilema in a matter in which he was facing an offence of defaming the Republican President.

Magistrate Mwiinga in his ruling said the DPP’s decision to enter a nolle prosequi in the matter was trite Law which could not be challenged but to set the accused person free adding that the State was at liberty to re-arrest him because the court had not acquitted him.

“This matter is closed for now following the DPP’s decision to enter a nolle prosequi under section 81 and 82 of the Criminal Procedure Code, the accused is set free, he is at liberty but be reminded that a discharge is not an acquittal,” he said.

This was in a case in which Hichilema was charged with one count of defamation of President Michael Sata contrary to the Laws of Zambia.

Particulars allege that Hichilema, on January 13, this year, with intent to bring the President into hatred, ridicule and contempt, did publish a defamatory statement which was covered in the Daily Nation of January 14 this year.

Divisional Prosecutions Officer Desmond Mwanza called the matter and informed the court that the State was ready to proceed with trial but had an application to make before the matter could proceed.

“Your honour the accused person is present in court today, and the State is ready to proceed with trial but we want to inform the court that the State has received instructions from the DPP’s chambers to enter a nolle prosequi in the matter,” Mr Mwanza said.

Government has justified the move taken by the immigration authorities to block former republican President Rupiah Banda from travelling to Kenya for the inauguration ceremony of Kenya’s fourth President Mr Uhuru Kenyatta. In a media statement released to the media, the Government said that the former president was late for the event anyway.

Below is the full statement.

Republic of Zambia

Ministry of Information and Broadcasting Services

STATEMENT BY HON. MWANSA KAPEYA, MP, DEPUTY MINISTER OF INFORMATIO AND BROADCASTING SERVICES ON FORMER PRESIDENT RUPIAH BANDA’S TRIP TO KENYA

Government wishes to clarify reports surrounding former President Rupiah Banda’s trip to Kenya where he was scheduled to attend the inauguration of that country’s fourth President Mr Uhuru Kenyatta which took place today.

I wish to confirm that the Government Joint Investigation Team (GJIT) has been keeping Mr Rupiah Banda’s passport as part of the police bond conditions in his ongoing corruption and abuse of office cases.

When his lawyers requested for the passport, the State complied with the court order and Mr Banda was given his passport last evening to enable him travel to Kenya today to attend the inauguration of that country’s fourth President.

However, Mr Rupiah Banda was booked on Kenyan Airways Flight KQ724 which was due to depart Kenneth Kaunda International Airport at 11:00hrs which is 12:00 hours East African time.

He should have arrived in Nairobi by 16:00 hours East African time. Meanwhile, the inauguration ceremony in Nairobi started at 09:30 hours East African time and ended at noon.

Clearly, Mr Rupiah Banda was late for the function way before he even stepped his foot on the plane to leave for Kenya. We wonder the motive behind his desire to fly to Kenya even when he knew too well that he was late and would have found the function long finished.

The country is aware that Mr Rupiah Banda was warned and cautioned by the GJIT for many other offences in which he is due to be arrested.

For that reason, immigration authorities at Kenneth Kaunda International Airport were within their rights to stop him from travelling if he is on the police watch list.

Hon. Mwansa Kapeya, MP
DEPUTY MINISTER OF INFORMATION AND BROADCASTING SERVICES

9th April, 2013