THE National Constitutional Conference (NCC) has rejected articles in the Mung’omba draft Constitution which would subject members of the National Assembly to a recall when they are not performing to the expectations of their electorate.
The conference voted unanimously to have Article 188 and Article 189 deleted as they could promote anarchy in the country.
In the Mung’omba draft Constitution, Article 188 stipulates that the National Assembly may censure a minister by resolution, supported by two-thirds of the votes of all the members of the National Assembly.
And Article 189 specifies that the electorate may recall members of the National Assembly who hold a constitution-based seat in a constituency.
Contributing to the debate, Commissioner Lucy Changwe said the articles, if included in the new Constitution, would be a recipe for power struggles.
Ms Changwe said the process can also have an effect on policy implementation as many programmes can be disrupted.
She said allowing 50 percent of the registered electorate to petition the removal of an MP who fails to perform can also be retrogressive to national development because it will be betraying the majority of the electorate who are not in favour of the petition.
“I am in full support of having these articles deleted completely without making any changes because they are a threat to development,” Ms Changwe said.
She said MPs have a parliamentary code of conduct which regulates them, and there is no need for them to be recalled by the electorate.
Commissioner Daniel Munkombwe said adopting the article will be dangerous for the country because people will start to look for faults just to get rid of certain individuals in Parliament.
Mr Munkombwe said the electoral system provides for MPs to work for five years and that the electorate are there to make choices regarding MPs during an election.
“If an MP does not work according to people’s expectation, the electorate will be free to speak through the ballot paper instead of petitioning their removal before the elections are held,” he said.
Commissioner Benson Chingombe commended the committee members for deciding to do away with the articles, saying they are a threat to democracy.
Mr Chingombe said if the articles were to be adopted, Zambia would be headed for disaster.
Earlier, Commissioner Richard Mwitwa argued that the articles should be included in the national Constitution because this would make MPs accountable to their electorate.
Mr Mwitwa said if Article 189 is reinstated, the electorate will be given power to offer checks and balances.
“As it is now, MPs can choose whether to work for the people or not. I am in support of this article as people will have the authority to remove MPs who don’t perform,” he said.
[Zambia Daily Mail]