KBN TV EDITORIAL- LAZ DROPS A BOMBSHELL ON PROPOSED CONSTITUTIONAL AMENDMENTS AS NKOMBO EXITS
KBN TV EDITORIAL- LAZ DROPS A BOMBSHELL ON PROPOSED CONSTITUTIONAL AMENDMENTS AS NKOMBO EXITS
The firing of Garry Nkombo from Cabinet and the subsequent announcement of the take over by the State of a lodge linked to the former President in Ibex Hill on the same evening, though seemingly isolated, could be understood as a counter measure to divert attention from an elaborate analysis by the Law Association of Zambia (LAZ) on the proposed constitutional amendments.
Before we look at some of highlights from LAZ in their rejection of the proposed ammendments, we hold the view that this matter is now in the public domain and various stakeholders must be given an opportunity to debate and express their views on the proposed ammendments.
A side note about the replacement of Garry is that while the proposed ammendments are advocating for the youth and women participation, existing youthful MPs like Romeo Kangombe, Imanga Wamunyima and the Kanchibiya CDF champion, Sunday Chanda, can’t compete for a ministerial position against Mr. Gift Simuunza Sialubalo, who is clearly very tired.
This brings into question whether indeed this drive is about injecting a youthful vigour in Governance and decision-making. Ironically, it’s youthful MPs like the ones highlighted above together with Jean Chisenga who are expected to vote for these proposed constitutional amendments.
Coming back to the LAZ submissions, they have branded most proposals as being rehashed Bill 10 contents. They contend that there are no substantive reasons why what was rejected already should now be supported.
LAZ is of the view that there isn’t much which is substantially new, to call for a rushed amendment of the Constitution. “We have lived on without Bill 10, and can definitely do so even now.”
It’s now very clear that indeed the proposals were rushed. It’s hard to fathom that the entire Ministry of Justice with lawyers on the tax payers roll, could propose the increase of constituencies using CDF as a measure when they know CDF is not in the Constitution.
Therefore, there is no law that empowers the Electoral Commission of Zambia to use CDF as a measure for delimitation of constituencies and wards under Article 59 of the Constitution.
In the case of increasing nominated members of Parliament through an Act of Parliament, LAZ says the proposal is retrogressive and dangerous for our democracy because of its potential to water down the accountability and legislative function of National Assembly.
In the final analysis, LAZ has appealed to the Government to reconsider its plans to amend the Constitution in a piece-meal manner and so close to the electoral cycle.
They argue that what Zambia needs is a holistic reform of the Constitution, to include the expansion of the Bill of Rights to cater for economic and social rights. The Constitutional reform should be based on a broad-based stakeholder consensus, both on the reform process and the substance.
If it’s about equitable distribution of the CDF, LAZ has advised that there are many options available to the Government to enhance equity in CDF allocations and utilization.
“Government could consider allocating Constituency Development Fund based on number of wards, within each Constituency. Since creation of wards does not require Constitutional amendment but within the control of Parliament, bigger Constituencies in terms of geographical size and population can have more wards, thereby attracting higher CDF, to achieve equity in the interim.”
According to LAZ, Government should attend to inefficiencies surrounding the low utilization of CDF across the country.
In terms of proportional representation, LAZ holds that firstly, Government should fully implement the provisions of Article 60 of the Constitution to urgently enacting a Political Parties Bill compelling Political Parties to adopt more women, youths and persons with disabilities as candidates in Parliamentary elections.
Additionally, Government should take advantage of the provisions of Article 259 of the Constitution, which calls upon appointing authorities to appoint women, youth and persons with disabilities into key Governance institutions.
On the proposal to increase the number of nominated MPs, LAZ brands this call as being contentious and retrogressive.
“It will result in increasing, instead of reducing, the powers of the Presidency. The proposed Article can be subject of abuse, with a potential to water down the accountability and legislative function of the legislature. It may result in creating a rubber-stamp National Assembly for the Executive’s arbitrary actions.”
Further, LAZ urgues that, “it should follow that if we are discussing broadening pathways for women, youths and persons with disabilities into key Governance institutions, maintaining the status quo of 8 nominated MPs is more reasonable. If the President wants more people to appoint as Cabinet Ministers, then perhaps it should be proposing appointment of Cabinet Ministers outside Parliament, as submitted by various Constitutional reviews commissions, and not bloating the legislature.”
As a media house, our emphasis is given that Government has presented the roadmap and proposals, let’s allow debate to flow so that other stakeholders can also add their voices to the debate just like LAZ has done.
We need public discussion forums in Lusaka, Chipata, Livingstone, Kitwe and Kasama. Let the people talk, but let’s provide them with the means to air their views on this matter of public importance.
