PRESIDENT Banda says the failure by Parliament to pass the Constitutional Amendment Bill does not in any way suggest that Zambia is going through a constitutional crisis, which requires the immediate dissolution of Parliament.

This is contained in a statement issued in Lusaka on March 30 by special assistant to the President for press and public relations Dickson Jere.

Mr Banda said the country will continue operating on the old constitution and Government organs will run normally.

“Zambia will hold presidential and parliamentary elections this year as per the current Constitution and I am committed to ensuring that the polls are held in a transparent and fair manner,” he said.

Mr Banda said the power to dissolve Parliament is vested in the President and he will exercise that power at an appropriate time, without undue influence from any political quarters or individuals wishing to create anarchy in the nation.

Mr Banda appealed for calm in the nation following the failure by Parliament to pass the Constitutional Amendment Bill ahead of this year’s general elections.

“I am appealing to ministers, deputy ministers, members of Parliament and MMD members not to apportion blame on anyone for the failure to pass the Constitutional Amendment Bill on Tuesday but look ahead as Government continues to score successes in various sectors,” he said.

President Banda said the failure will not affect the smooth-running of Government as portrayed by some political opportunists.

He said the MMD should not apportion blame on the United Party for National Development (UPND) for the failure to pass the bill. The UPND supported the constitution-making process at the National Constitutional Conference (NCC).

President Banda said it was the Patriotic Front (PF), which has always wanted to frustrate the constitution-making process by boycotting the NCC.

And from Livingstone, President Banda said the collapse of the Constitution of Zambia Bill is a temporary setback but it should not make Zambians lose hope of developing the country.

Mr Banda said this on March 30 shortly after opening the 7th ZIBAC conference at Zambezi Sun Hotel.

Mr Banda appealed for calm from all Zambians despite Parliament failing to pass the Constitution of Zambia Bill.

He said contrary to PF president Michael Sata’s insinuations that there is a constitutional crisis, Zambia has the 1996 constitution, which is still in force.

Mr Jere said the failure in Parliament cannot lead to the dissolution of Parliament and early elections as suggested by Mr Sata.

He said the loss on the Constitution is not a failure on the part of President Banda’s administration.

“The failure is on the part of Zambians, who have been let down by their representatives and the President has taken it as a challenge,” Mr Jere said.

Meanwhile, three Presidents arrived in Livingstone yesterday for today’s SADC Troika summit on the case of Zimbabwe.

South African President Jacob Zuma, Namibian President HifikepunyePohamba and Zimbabwean President Robert Mugabe landed at Livingstone International Airport.

The Mozambican President is expected to arrive on March 31.

[Zambia Daily Mail]

Vice-President George Kunda yesterday told Parliament that more than K83 billion spent on the NCC was budgeted for in accordance with the law. Mr Kunda said all expenses on the NCC were legally approved.

Earlier. Parliament heard that K 83 billion was spent on allowances for National Constitutional Conference delegates from 2007 to August 2010 when the NCC came to an end.

Deputy Minister in the office of the vice president Daniel Munkombwe told parliament in response to a question by Roan Member of Parliament Chishimba Kambwili who wanted to know how much was spent on the allowances for the 500 NCC delegates.

Mr Mukombwe told the house that over K43 billion was spent on subsistence allowances,K8.9 billion on daily transport allowances and over K 1billion on transport refunds.

He said that K30.4 billion was spent sitting allowances for the NCC delegates,and that a further K775 million was spent on the nineteen vehicles the NCC was using.

And when Luena MP Charles Milupi (ADD) asked Mr Kunda why the referendum was not conducted despite the K83 billion spent on the NCC, Mr Kunda said the referendum was supposed to take place after the enactment of the new Constitution.

He said Government has not wasted resources and that the rich product of the NCC is still available for the government to use in future.

QFM

Western Province UPND National Chairman of Livestock and Fisheries Captain Lawrence Nyambe says that the party is still intact in the Province and all its members have declared their support for the UPND and Party President Hakainde Hichilema.

Captain Nyambe was reacting to some media reports that UPND Constituency Committee in Nalikwanda Constituency led by its Chairman Harrista Muyumbo has defected to Patriotic Front (PF) and that the UPND was dead in Nalikwanda Constituency.

Mr. Nyambe said that Nalikwanda Constituency Chairman Harristor Muyumbo denied the allegations that there are party members in Nalikwanda constitueny who have defected to the PF.

He added that the only person who defected from the UPND to PF was Oscar Kabutu , former UPND Constituency Secretary who met PF National leaders in Mongu and was promised to be paid K100,000 per person that he will bring to PF from UPND.

Captain Nyambe added that Oscar Kabutu wrote down the names of 6 UPND officials which included Harrista Muyumbo, Constituency Chairman,Reuben Lubasi, Constituency treasurer, Jogina Nakena, Constituency Chairlady, Mbingila Malesu, Constituency Vice Chairlady ,Enerst Silukena, Nakanya Ward Chairman and Kawila Samazuka Ward Secretary.

Mr. Nyambe said all the members attended the meeting and were very angry with Oscar Kabutu for telling lies and using their names to earn money for himself.

Captain Nyambe however advised the PF leadership to stop using under hand and crude methods to recruit members from other parties and veiled to defeat Mr. Sata and the PF in the next polls in Western Province.

United Party for National Development UPND President Hakainde Hichilema has said that the the rejection of the constitution amendment bill is clear confirmation that the MMD should be hounded out of government.

Mr. Hichilema said that  it is painful that trillions of kwacha were spent on the National Constitutional Conference at the expense of millions of suffering Zambians.

Mr. Hichilema whose MPs participated in the NCC has noted that the failure by the MMD to give Zambians a constitution that they have always desired is an indication that current government is tired.

He added that Zambians should use this year’s election as a verdict on the MMD’s failure on the constitution making process.

The UPND leader further added  that there was  great need for Zambians to retire the MMD from government as the country goes to the polls this year.

Mr. Hichilema has further disputed assertion by government that the UPND members of parliament were eating with both hands by attending the NCC and later rejecting the product of the NCC to which they were part.

He further went on to defend his members of parliament by stating that they attended the NCC to fight for the wishes of the Zambian people.

Mr Hichilema said that  had the UPND not attended the NCC, Zambians would have been given a raw deal on the constitution making process.

He said his party is dismayed at the unwarranted attacks by Chief Government spokesperson Ronnie Shikapwasha when it is absolutely clear that the collapse of the Constitution bill is as a direct result of the MMD’s arrogance, disjointedness, greed and insatiable appetite to remain in power.

And Get Involved Zambia executive director Father Frank Bwalya has described as a triumph for the people of Zambia in the constitution making process, the rejection of the constitutional bill by parliament yesterday.

Father Bwalya says finally the voice of the people has been heard after the many pleas his organization and other stakeholders made.  He said that  the MMD should now work and realize that people of Zambia carry the loudest voice.

Meanwhile, Southern African Center for Constructive Resolution of Disputes SACCORD has congratulated opposition members of parliament for rejecting a government engineered constitutional making process.

SACCORD information officer Obby Chibuluma said  it iwas gratifying to note that members of parliament from the opposition political parties responded positively to the people’s aspiration on the constitution.

And Vice President George Kunda said that  the inability by parliament to enact a new constitution has denied Zambians an opportunity to come up with an enhanced legal framework.  Mr Kunda blamed the UPND for the failure of the Bill, accusing the UPND of betraying the Zambian people.

Mr.Kunda said that the UPND members of parliament have betrayed the Zambian people especially that they participated in the National Constitutional Conference.  The Vice President has further stated that the MMD is however comfortable to participate in the forthcoming elections using the old constitution.

QFM

President Rupiah Banda has described the collapse of the constitutional reform process as a temporal setback.

Mr. Banda says all hope is not lost following yesterday’s happenings in parliament were the constitutional bill failed to pass through second reading.

Mr. Banda told ZNBC said that the set back in the constitutional reforms is not one that would make government and the country lose hope.

The President said government will look for the way forward over the constitutional reforms.

The Constitution of Zambia Bill failed to pass second reading after Members of Parliament voted twice but failed to garner the two third’s majority for the Bill to pass.

And Vice President George Kunda says the constitution of Zambia bill and Constitution of Zambia amendment bill can only be brought back before parliament after six months.

Mr. Kunda says although failure to enact the two pieces of legislation by parliament has deprived the nation an opportunity to reform the governance system, government remains committed to the constitution review process.

The Vice President was speaking at a press briefing in Lusaka today.

Mr. Kunda said that inability by parliament to enact the constitution means that Zambians has lost out on an opportunity to provide and enhance legal framework for them.

Mr. Kunda said the opposition UPND wanted government to include the 50 percent plus one vote, hoping for a possibility of forming a coalition government with the MMD.

He said that the MMD realized that the 50 percent plus One vote for a presidential candidate was referred to the referendum and that the issue of forming a coalition government with the UPND could not be accommodated as it required further consultations between the two parties.
[ ZNBC ]

A seven year old boy of Lusaka’s Garden Compound has been shot dead by the Drug Enforcement Commission (DEC) officers.

The incident happened when some DEC officers went for an operation in the area.

The DEC officers were allegedly forced to start firing gun shots after some Garden compound residents attempted to attack them.

Francis Nkausu is alleged to have been shot dead by a stray bullet.

Mother of the deceased Verina Sakala told Muvi TV News that DEC officers fired five bullets and shot the boy in left part of his chest.

The Body of the boy is lying in the University Teaching Hospital mortuary.

And DEC Public Relations Manager John Nyawali confirmed the killing of the seven year old boy.

In a telephone interview Mr. Nyawali says the DEC officers went for an operation in Lusaka’s Garden Compound when the incident happened.

He says some Garden Compound residents attacked the DEC officers as they were trying to get out of the compound with the man they had gone to arrest.

Mr. Nyawali has also revealed that the DEC has however surrendered that matter to the Police to investigate the shooting.

And Police Spokesperson Ndandula Siamana confirmed the arrest of the Officers.
[ MUV ]

Patriotic Front (PF) and United Party for National Development (UPND) members of Parliament on March 29 walked out of a vote on the Constitution of Zambia Bill, effectively dashing hopes for a new constitution.

The Constitution of Zambia Bill, which seeks to provide for the printing and publication of the amended Constitution, failed to go through second reading in Parliament.

Commenting on the development, Chief Government spokesperson Ronnie Shikapwasha said the opposition has dashed the hopes of millions of Zambians who looked forward to the new Constitution to move the country forward, by not supporting the Constitution of Zambia Bill at second reading stage.

Lieutenant-General Shikapwasha said in a statement released last evening that by not supporting the bill, the PF and UPND have depicted the worst levels of betrayal, self-centredness and selfishness.

Gen Shikapwasha said the bill was intended to promote the participation of women, youths and the disabled through the proportional representation in Parliament in line with the Southern African Development Community (SADC) and other continental protocols.

He said the PF and UPND have dashed Zambia’s hope for proportional representation which could have been provided for in the Constitution for the first time since independence.

Gen Shikapwasha said one of the hopes is the reinforcement of the declaration of Zambia as a Christian nation.

“The bill sought to renew and reinvigorate the declaration of Zambia as a Christian nation. But all this and other highly progressive provisions have been dashed by traitors of the Zambian people, the PF and UPND,” Gen Shikapwasha said.

He noted the PF would rather have the recognition of homosexuality and lesbianism before supporting the Constitution of Zambia Bill, which he said is immoral. Gen Shikapwasha described PF MPs as ‘vultures.’

Gen Shikapwasha regretted that after deputising the National Constitution Conference (NCC) sittings, UPND decided to join the ‘vultures.’

He said opposition political parties have also dashed the hope of increasing the number of constituencies and denied Zambians in the Diaspora dual citizenship.

He said the Constitution of Zambia Amendment Bill is not a position of Government but a position and aspiration of the people of Zambia through the NCC.

Gen Shikapwasha revealed that a few days ago, the PF leadership wrote to Government asking for money, cars and increased allowances to support the bill and that Government refused because the demand amounted to dishonesty and corruption.

He said the PF wants to turn Zambia into the Lusaka City Council where they shared land among themselves.
Gen Shikapwasha said Zambians are the best judges on the action the two opposition political parties have taken against them.

He said the Constitution-making process has been a people-driven process through and through since inception in 2003.

Gen Shikapwasha said the NCC, which was put in place by an act of Parliament to consider the Mun’gomba report and Draft Constitution, sat for about four years from 2007 to 2010 and it represented all people in the country.

The Mung’omba Constitution Commission went around the country and received submissions from people on the type of Constitution they wanted, in all of the 150 constituencies.

He said it is clear that the constitution-making process has been most transparent, democratic, inclusive and participatory.

On March 29, Parliament failed to garner a two-thirds majority to have the constitution of Zambia bill read for the second time after Vice-President George Kunda moved the motion.

Speaker of the National Assembly Amusaa Mwanamwambwa said the failure of the bill to go through second reading has closed the door to the Constitution of Zambia (Amendment) Bill at second reading.

“This means the door is shut to the consideration of the Constitution of Zambia (Amendment) Bill at second reading. The implication is that the republic of Zambia still has the 1991 Constitution as amended substantially in 1996,” he said.

After Mr Kunda moved the motion, there was division and the initial vote resulted in 96 MPs voting for the bill to be read the second time, 17 were against it and one abstained.

The MPs voted twice, first electronically and then formed physical queues outside the house, according to their preference. The total number of parliamentarians who voted was 114 and to get the required two-thirds majority for the bill to go through, those who voted for it should have been 106.

Mr Mwanamwambwa called for another count when more members of Parliament entered the house. The Speaker said there was going to be a physical vote after the counting machine in Parliament malfunctioned. At that point, PF MPs walked out of Parliament in protest at about 15:15 hours, claiming the bill had collapsed.

“The machine has malfunctioned and because of this, we now truly have to divide,” he said.

After the second voting, 93 members of Parliament voted in favour of the bill, none voted against it while 20, mostly from the UPND, abstained from voting.

Before the second voting, UPND MPs were not agreed on whether to support the bill or not but after consulting each other for several minutes, they decided to abstain.

Earlier, when moving the motion to have the bill read the second time, Mr Kunda said the bill is progressive, not controversial, and that it has proposals that will affect the executive, legislature, and judiciary.

The Constitution of Zambia Bill also sought to provide for the savings and transitional provisions of existing State institutions, administrators, offices, institutions and laws; and savings of succession to assets, rights, liabilities, obligations and legal proceedings.

Soon after the results of the second voting, Mr Mwanamwambwa adjourned Parliament.
[ Zambia Daily Mail ]

The Citizens Forum says government should have listened to the Zambians when they called for the enactment of the Mun’gomba draft constitution.

This follows the failure of the Constitution Bill to go through second reading in parliament yesterday bringing to an abrupt end the lengthy constitution making process.

Mr. Kabanda says government exhibited arrogance throughout the constitution making process by taking advantage of its victory in the 1996 constitution amendment process whose out come was in its favour.

He says the end of the constitution making process at the second reading stage is an indication that the Zambian government cannot fool Zambians all the time and have monopoly on all matters of national interest.

Mr. Kabanda has since urged Zambians not to give up hope but continue demanding for a new constitution that will take their concerns into consideration.

Speaker of the National Assembly Amusa Mwanamwamba explained to the Members of Parliament yesterday that the failure of the Constitution Bill to go through the second reading stage meant that the 1991 constitution as amended substantially in 1996 will remain in place in its current form.

[ QFM ]

THE United Party for National Development (UPND) has suspended Colonel Panji Kaunda from the party for gross misconduct.

This is contained in a letter dated March 29, 2011, from UPND secretary general WinstoneChibwe to Col Kaunda.

Mr Chibwe said it has been brought to his attention that Col Kaunda has on numerous occasions issued media statements that are inimical and detrimental to UPND.

He said on March 18, 2011, Col Kaunda was on Radio Phoenix’s ‘Let the People Talk’ programme on which he said although he is a UPND member, he will support Patriotic Front president Michael Sata in this year’s tripartite elections.

“This was without any prior indication, communication or consultation with the UPND, the party whose platform you were speaking on as a member,” Mr Chibwe’s letter to Col Kaunda reads in part.

He said on February 27, 2011, Col Kaunda was quoted in The Post newspaper as saying he had revealed his dealings with UPND president Hakainde Hichilema, about whom he made various insinuations.

“Again, the party expected you to have shared your views with it if at all you had any misgivings about the said meeting you had with Mr Hichilema in 2008. This is testimony that you are not a genuine member,” he said.

Mr Chibwe said Col Kaunda’s motive is malicious, with intent to distabilise and injure the good image of the UPND as a well organised party.

“By virtue of powers vested in me under article 83(1) of the UPND constitution, you are hereby charged with gross misconduct, and therefore suspended with immediate effect as your actions are in breach of article 8 of our party’s constitution,” Mr Chibwe said.

Mr Chibwe has since given Col Kaunda seven days in which to exculpate himself.

[Zambia Daily Mail]

The Constitution of Zambia Bill failed to pass through the second reading stage in Parliament today after failing to garner the minimum two thirds majority to pass.

This was after only ninety three Member of Parliament voted in favour of the Bill of the required 106.

Twenty Members of Parliament abstained from the voting which was conducted through a physical division after the electronic voting system developed a technical fault shortly before voting could take place.

Speaker of the National Assembly Amusa Mwanamwamba told the Members of Parliament that the failure of the Constitution Bill to GO through the second reading stage means that the 1991 constitution as amended substantially in 1996 will remain in place in its current form.

Earlier Vice president George Kunda told the house that the Constitution of Zambia bill sought to preserve laws in existence before the coming into effect of the constitution as amended.

QFM