Members of the National Constitutional Conference (NCC) today reached a deadlock on regulation five of the disciplinary committee proceedings.
Regulation five talks about complaints against members of the NCC and members of staff of the NCC secretariate.
Regulation 5(I) states in part, “A person may complain to the committee that disciplinary action be taken against a member or member of staff or that the member of member of staff be removed from office where the person alleges that the member or member of staff has………….”
The NCC members failed to strike a consensus on whether to allow members of public other than themselves to lodge a complaint against the NCC members or not.
Some members observed that allowing the public to lodge complaints against NCC members or staff would disturb their deliberations as some public members might not mean well.
Other NCC members felt it was in order to allow members of the public to lodge complaints against NCC members because they were also stakeholders in the constitutional making process.
A heated debate was sparked when a member Crispin Shumina asked for a clarification on whether members of the public would be allowed to complain against NCC members.
In response, Patrick Matibini, who is the chairperson of the NCC interim committee that was set up to come up with rules and regulations to govern the NCC deliberations, said the proposed meaning was to allow members of the public to make complaints, that arose, against NCC members.
Dr. Matibini explained however that the disciplinary committee would reserve the right to dismiss a complaint made against NCC members from any other person if it was established that it was frivolous, vexatious and hopeless.
He said the committee would be careful in its consideration of complaints to establish a prima facie case against a member or not.
In her contribution, Chieftainess Nkomesha observed that NCC members would be prone to unnecessary attacks from members of the public if the regulation was left open to the public.
She noted that involvement of outsiders in proceedings of the disciplinary committee would influence the operations of the NCC.
Another member, Chrispine Musosha, who is also Mansa Central Member of Parliament (MP), wondered why disciplinary complaints should come from outside instead of being confined only to the NCC members and secretariat staff.
Mbala MP Gustone Sichilima argued that members of the NCC enjoyed immunity, according to clause eight of the principal NCC Act and therefore, they should not be put under scrutiny by the public.
Mr. Sichilima even raised a point of order on whether the conference was in order to continue debating the matter when the principal act was clear about immunity of the members.
Chongwe MP, Sylvia Masebo suggested that complaints against NCC members should be restricted to members only and not be opened to the public.
She said allowing the public to make complaints and call for disciplinary action against members of the NCC would cause them to be lumbered with many unnecessary complaints, which will divert the attention of the conference.
And Dr. Swebby Macha, from the medical fraternity, warned that there would be acrimony between NCC members and the public if the regulation on disciplining NCC members was opened to the public.
Another NCC member, Chrispine Bwali, proposed that the issue be restricted to NCC members only, giving an example of football rules which only dealt with team members and not spectators.
Mr. Bwali said NCC members were representatives of the public hence there was no need to involve them.
However, Kalomo Member of Parliament, Request Muntanga contended that the public should be allowed to raise complaints against NCC members because they were stakeholders to the process.
Mr. Muntanga said the NCC members were not hiding anything from the public hence the need to allow them complain against NCC members.
Mazabuka MP, Garry Nkombo supported the proposal to allow the public raise complaints against NCC members if they felt dissatisfied about the conduct of any member on the conference.
Chifunabuli MP, Ernest Mwansa observed that closing the public out of contributing to the disciplinary committee of NCC would raise more suspicion, especially that the whole constitutional process had been marred with suspicions from various sections of society.
“If we close out from the public, we may be suspected of doing something that undermines the integrity of this conference. I think we should leave it open to the public,” he said.
At some point, NCC Chairperson, Chifumu Banda sought an explanation from Minister of Justice George Kunda on the issue.
Mr. Kunda told the conference that section 16 (ii) on the jurisdiction of the standing committee empowered the committee to consider and determine disciplinary action relating to members of the committee.
He however said the section was silent on whether members of the public should raise complaints against NCC members or not.
He said the drafting department in his ministry would, without departing from the principal Act, redraft the section depending on the resolution of the NCC members.
NCC chairperson, Mr. Banda noted that he had strove to make members reach a consensus on whether members of the public should be allowed to raise complaints against NCC members or not.
Mr. Banda has since said a draft amendment would be made to the regulation and be circulated to NCC members tomorrow morning in readiness for further debates and contributions in the afternoon.
He said a consensus was one of the ways spelt out in coming up with conclusions in the NCC but a vote would be used to determine a final resolution if consensus failed.
And Mr. Banda warned NCC members to use sober language even when they differ over debates on what should be accepted and what should not.