Posts Tagged ‘NCC’

MINISTERS SHOULD NOT BE APPOINTED FROM PARLIAMENT

Monday, August 16th, 2010

By HENRY KYAMBALESA, Agenda for Change

I AM shocked by the National Constitutional Conference’s decision to retain Articles and Clauses in the 1996 Republican constitution which require the president to make appointments to ministerial positions from elected or nominated members of parliament. Such Articles and Clauses are outdated, backward and outrageous for a burgeoning democratic system like ours.

The appointment of the Vice President, Provincial Ministers and Deputy Ministers should be from Zambians who are qualified to be elected as members of parliament (MPs), but who are not MPs  for the following reasons:

(a) It can afford a Republican president or President-elect a larger pool of competent people from which he or she can appoint ministers;

(b) It can provide for greater separation of powers between the legislative and executive branches of the government;

(c) It can afford presidential aspirants enough time to identify potential ministerial appointees well before tripartite elections rather than waiting for parliamentary elections to be concluded;

(d) It can lead to distribution of income to more citizens and thereby reduce existing income disparities; and

(e) It can reduce the apparent work overload on government officials who have to handle both ministerial and parliamentary functions. (Instead of increasing the number of constituencies because some constituencies are assumed to be too large to be handled by a single MP, would it not be wise for MPs to tend exclusively to their legislative functions?)

Apart from failure to discern the benefits of such a change and the apparent resistance to change, the opposition to the proposal concerning the appointment of ministers from the general public at large seems to be aimed at according greater control of the legislative arm of the government by the Republican president through ministers, and protecting the president from impeachment.

McDonald Chipenzi, for example, has quoted Ms. Mutale Nalumango as having said that the government rejected the recommendation to appoint ministers from outside parliament, saying doing so would put the president in a precarious position because he or she would have no control over parliament and, in the case of an impeachment motion, he or she would be vulnerable. (McDonald Chipenzi, “Government Rejects Recommendation by ERTC to Reduce Voting Age,” The Post Online, February 26, 2005.)

And the argument by Gabriel Namulambe that “it would be difficult for ministers who are appointed outside parliament to execute their duties as they would not understand issues affecting people at the grassroots tells us volumes about the emptiness of some of the government officials who are appointed to serve the people. This is clearly an insult to so many competent and hardworking Zambians who actually understand the problems facing the citizenry and are diligently serving their fellow citizens every day in various positions, but are not MPs.

One does not really need to be an MP in order to understand the socio-economic problems facing the common people. It is, therefore, foolish for anyone to belittle the intellect and competence of Zambians who are not MPs to effectively serve their fellow citizens in ministerial positions.

There is actually the possibility that the ruling political party would want to use the Articles and Clauses relating to the appointment of government ministers as a campaign tool in 2011 by telling voters that they should not vote for presidential candidates from political parties which do not have a majority in parliament, because such candidates will have problems in finding competent individuals among their few MPs to form government.

We should, therefore, not be surprised if the MMD adds this issue to its current arsenal of rehearsed campaign tools, including the following: that we should not experiment with leadership; that the president needs more time to complete his projects and programs beyond 2011; that voters should not vote for presidential candidates from political parties which do not have a majority in parliament because they will not be able to pass new laws; that voters should vote for parliamentary candidates fielded by the ruling party because such candidates will have ready access to funding; that voters should not expect development to take place in their areas if they vote for candidates from opposition political parties; and that one can never become president unless he or she is meant to be.

I have a few caveats for voters who are likely to be hoodwinked by such meaningless campaign tools: many of the current crop of government leaders are deadwood and, therefore, do not hold the key to Zambia’s future; any new Republican president would be obliged to adopt and implement projects and programs initiated by previous administrations which are designed to benefit communities nationwide; any new Republican president would be able to run the country with existing laws; Zambia needs leaders who recognize citizens’ right to vote for candidates of their choice without being threatened that their communities will be excluded from the development process if they do not vote for candidates fielded by the ruling political party; and an individual can become president if he or she is meant to be only through coronation, not through genuine elections!

(Contact us at editor@zambianewsfeatures.com)

ESTABLISH A TASK FORCE TO WORK ON THE CONSTITUTION

Friday, August 6th, 2010

By HENRY KYAMBALESA, Agenda for Zambia

Over the years, the people’s call for a Republican constitution that is expected to stand the test of time has been loud and clear. Unfortunately, we have wasted a good portion of our country’s meager resources on financing the Chona Constitution Commission, the Mvunga Constitution Review Commission, the Mwanakatwe Constitution Review Commission, and the Mung’omba Constitutional Review Commission without coming up with such a constitution.

We are now grappling with the draft constitution recently tendered by the National Constitutional Conference (NCC), which is apparently laden with Articles and Clauses that are partisan, short-term and discriminatory in nature. It has too many contentious issues, errors and inconsistencies, which are predictably going to elicit nationwide demonstrations and potentially culminate in losses of property and human life if the authorities attempt to push it through by hook and crook.

I, therefore, wish to urge President Rupiah Banda to appoint an ad hoc task force consisting of at most 30 citizens who do not currently hold leadership positions in non-governmental organizations (NGOs), political parties, religious institutions, the labor movement, the legislature, the executive, the judiciary, the civil service, and the House of Chiefs.

The terms of reference for the task force should be to identify and examine contentious issues, errors and inconsistencies in: (a) the 1996 Republican constitution; and (b) the draft constitutions of the Chona Constitution Commission, the Mvunga Constitution Review Commission, the Mwanakatwe Constitution Review Commission, the Mung’omba Constitutional Review Commission, and the National Constitutional Conference.

Moreover, the task force should be required to prepare a draft constitution based on its findings. It could be given 1 year to complete its work, and its output could thereafter be tabled for comments by the citizenry.

We can hold the forthcoming tripartite elections under the 1996 constitution in its current form. It would not be prudent to push through a controversial and potentially divisive constitution just because we have spent unprecedented amounts of public resources on it. I believe it is much more important for the output of the constitution-making process to be widely acceptable.

It is shameful that after nearly 46 years of political independence, we have failed to give ourselves an acceptable constitution. Is there something that is innately deficient in us? How can personal, partisan and short-term interests inhibit us from working together to craft a constitution that will stand the test of time?

ZAMBIA’S NEW CONSTITUTION SHOULD AVOID RELIGIOUS BIAS

Sunday, June 27th, 2010

By ZAMBIA NEWS FEATURES CORRESPONDENT

The Republican constitution should be a neutral document that should not appear to discriminate against atheists or pagans, or those who believe in Islam, Judaism, Buddhism, Hinduism, or Jainism, a US-based Zambian has said.

Agenda for Change president, Henry Kyambalesa, in his comments on the consultative process of the draft constitution, said all these segments of Zambian society have a genuine stake in the Republican constitution and deserve to be respected in spite of the fact that they are not currently as large as their Christian counterparts.

Kyambalesa said Article 16 on Christian values and principles should be removed because directing policies and laws towards securing and promoting Christian values or beliefs was inconsistent with “upholding the right of every person to enjoy that person’s freedom of conscience or religion” that is enshrined in the Preamble.

Henry Kyambalesa

Henry Kyambalesa

The article, he said was also not consistent with what is enshrined in Article 96(2)(a) of the Bill, which states that a political party shall not be founded on a religious basis, among other things.

“If it were permissible for the national government to generate “policies and laws towards securing and promoting Christian values …,” why would it be wrong for a political party to fashion its existence and contemplated policies and laws that would have a religious bearing?

“If there is a compelling and absolute need for this Article to be retained, however, the “Christian Values and Principles” will need to be specifically defined in the same manner as Article 10 (Political Values, Principles and Objectives), Article 13 (Socio-Economic Values, Principles and Objectives) and Article 15 (Cultural Values, Principles and Objectives) are defined,” Kyambalesa stated.

He also stated that the requirements that presidential candidates should have a bachelor’s degree as a minimum academic qualification, and to have been resident in Zambia for 10 consecutive years preceding any given presidential election are clearly designed to exclude certain individuals from contesting the Republican presidency.

“It is obvious that these two clauses could not have been recommended by the National Constitution Conference if the MMD presidential candidate in the 2011 general elections — that is, Rupiah Banda — did not have a degree and had been working or studying in a foreign country over the last 5 or so years.

He argued that the degree requirement was undesirable and outrageous because it was not based on evidence from Zambia or anywhere else in the world suggesting that a president’s competence was directly related to his or her academic qualifications. In other words, it is mainly based on hunches rather than on facts.

He also said there is no academic degree offered anywhere in the world which equipped an individual with the qualities needed in political leadership, such as emotional stability, patriotism, selflessness, fair-mindedness, patience, compassion, tolerance, respect for the rule of law, and the ability to make compromises with people who have dissenting views.

The NCC has publicized the draft document and invited members of the public to make comments on it in a 40 day consultative process. (Read related story here)

(Edited by Gershom Ndhlovu. Contact us at editor@zambianewsfeatures.com)