
THE Government has said the country has not violated the African Charter on Human and People’s Rights by allowing the National Constitutional Conference (NCC) to adopt a clause that requires a presidential candidate to be a holder of a university degree because it is the citizens themselves that demanded that their presidents be degree holders to articulate issues intelligently.
Chief Government Spokesperson Ronnie Shikapwasha said the citizens were well represented in the NCC and that the decisions made by the conference were a reflection of what the people of Zambia wanted.
Gen Shikapwasha was reacting to Patriotic Front (PF) president Michael Sata who yesterday said that Zambia had violated the African Charter on Human and People’s Rights by allowing the NCC to adopt a clause that requires a presidential candidate to be a holder of a university degree.
“Zambia has not violated any charter because it is the Zambian people that want the presidential candidate to be a degree holder and so whatever Mr Sata is talking about has no substance,” Gen Shikapwasha said.
He said that by the NCC recommending that a presidential candidate should be a degree holder, it was merely stating that whoever wanted to aspire for the office should be an enlightened person.
Gen Shikapwasha compared the person seeking the office of presidency to an individual looking for a job either in the private or public sector.
“There is no such a thing as violation of the charter in as far as qualifications are concerned, otherwise people would not have been getting jobs.
If you are looking for a job and the employers are saying you should have a degree there is no way you can say no.
In this case, the Zambian people who are the employers are saying they want a degree holder to aspire for presidency,” Gen Shikapwasha said.
Similarly, Gen Shikapwasha said it would be illogical for any Christian to claim that he would go to heaven if such an individual has not come to know Jesus.
Gen Shikapwasha said that for as long as anybody that claims to be a Christian does not know Jesus, such an individual would not go to heaven.
Speaking in an interview in Lusaka yesterday, Mr Sata said Zambia had violated the charter to which it was a signatory under the African Union (AU). He said the nation had violated Article 13 of the charter. “Zambia has violated the African charter which allows for the various forms of freedom.[quote]
In the past 45 years, we fought against the white minority to rule so that the majority can rule but now we are going back to the situation where the minority should again rule. The country has violated Article 13 of the charter,” Mr Sata said.
Article 13 of the charter states that every citizen shall have the right to participate freely in the Government of his country, either directly or through freely chosen representatives in accordance with the provisions of the law.
Mr Sata argued that by restricting the position of presidency to a degree holder, Zambia was now allowing the minority to rule.
Meanwhile, Lusaka lawyer Christopher Mundia has supported the degree requirement for a presidential candidate saying the move was not in any way discriminatory.
Reacting to the NCC’s adoption of an article that requires a presidential candidate to have a minimum qualification of a first degree, Mr Mundia said that the article was important.
He said by adopting the article, the NCC acted in line with the aspirations of the Zambian people because the world had become complicated and ill-qualified persons could not articulate development issues.
He said in the era of a global village, there was need for enlightened leaders because the days of the blind leading the blind were long gone.
Zambia had seen positive sustenance of the economy because of enlightened leadership of late president Levy Mwanawasa and the continued leadership of President Rupiah Banda who was not only a degree holder but an experienced economist.
He said the degree requirement for a president entrenched the wishes of the Zambian people and that it was interesting to hear that some aspiring candidates felt that the clause was targeted at them.
On the 50 per cent plus one clause, Mr Mundia said it was unnecessary as it would be expensive in the event that a re-run was to be conducted.
He explained that next year, 2.5 million people were expected to vote when the population was about 12 million and issues of legitimacy could not arise and therefore, the simple majority should be the best.
[Times of Zambia]