MINISTER of Justice, George Kunda, has assured the nation that the proposed constitutional conference will not depart from the Mung’omba Constitution Review Commission (CRC) recommendations.And Mr Kunda said the CRC erred when it recommended that a constituent assembly (CA) should have final and binding decisions above Parliament.
Speaking on a Zambia National Broadcasting Corporation, Fifth National Development Plan radio programme on the subject: “The constitution and its impact on national development,†Mr Kunda was concerned that some people had not read through the CRC report.
He said the CRC was alive to the fact that legislative powers should not be given to the CA.
Mr Kunda explained that although the CA could be vested with legislative powers by amending Article 62 of the constitution which vested legislative powers in Parliament, there was no need to give a new body such powers for the sole purpose of coming up with a new constitution.
“The constitutional conference which we are going to create will have the characteristics of enabling people to debate the constitution thoroughly with the purpose of reaching consensus. The constitutional conference cannot make law,†Mr Kunda said.
He said the CRC made a mistake when it recommended that the CA would make the final and binding decision on the contents of the constitution.
The minister said two constitutional lawyers; professors Muna Ndulo and Patrick Mvunga also made this observation.
He said the supremacy of Parliament must be preserved.
“Indeed Parliament is supreme because it is vested with that supremacy by the constitution in Article 62. The people of Zambia created the constitution and (with) this clause, we can’t go anywhere else,†Mr Kunda said.
He explained that a national referendum was mandatory if article 79 of the constitution was to be changed.
“Professor Mvunga has said if the constitutional conference will do the same thing that the constituent assembly will do then well and good.
The constitutional conference is consistent with the CRC recommendations,†Mr Kunda said.
He said the Oasis Forum must convince politicians that their position on the constitution review process was the right one.
But Oasis Forum spokesperson, Musa Mwenye, argued that the CA provided the necessary safeguards against possible manipulation of the content of the constitution by politicians.
He argued that the difference between a constitutional conference and the CA in the manner the Zambia Centre for Inter-Party Dialogue (ZCID) had proposed it was that members of Parliament could change what the people recommended.
Southern African Centre for the Constructive Resolution of Disputes executive director, Lee Habasonda, was concerned that the constitution review process seemed to be driven by political parties.
Mr Habasonda said this had been done in the past and the results were bad.
ZCID spokesperson, Newton Ng’uni, said there was need to avoid a situation where Parliament was challenged because members of Parliament would not be comfortable if their powers were taken away.