PANAPRESS
Panafrican News Agency
Zambia: Civil Society coalition opposes proposed amendment to Constitution
Lusaka, Zambia (PANA) – The Civil Society Constitution Coalition (CSCC), a loose coalition of 16 civil society organisations in Zambia, remains opposed to government’s proposed piecemeal amendment to the Constitution.
This follows the recent publication in government newspapers of the Constitution of Zambia Bill 2015, seeking to amend the constitution through parliament except the bill of rights which will be subject to a referendum during the 2016 general election.
Government announced that it will table in parliament all the provisions of the draft constitution prepared by the Technical Committee on Drafting the Zambian constitution except the bill of rights and provisions on alterations of the constitution provided for under Article 79 of the current constitution which will be subjected to a referendum.
But the coalition claims that piecemeal amendments of the Constitution is contrary to the spirit and principles set out in the Technical Committee’s terms of reference, supreme of which was for "the Zambian people to give unto ourselves a new people driven constitution through a referendum".
According to the civil society, the aspirations of Zambians are to have a new constitution which would be popularly adopted by them and not their representatives who in many instances are loyal to partisan interest than national interest.
“Adopting the constitution through Parliament will once again deny Zambians a chance to have a people driven Constitution that would not be the preserve of those in power but that would command the loyalty, respect and compliance to it by the ordinary Zambians,” CSCC chairperson, Judith Mulenga, said Friday.
“The adoption of the Constitution through a popular mode such as a stand alone referendum would have served to popularise the new Constitution and to enhance its legitimacy as many Zambians would have been involved throughout the process from consultations to its adoption,” she added.
Mulenga charged that the ruling Patriotic Front (PF) government proposed route risks the Constitution failing once again as it did before, saying that history has demonstrated that amendments to the Constitution through Parliament have been motivated by the desire to cling to power by the ruling class at any expense rather than in the public interest.
Such amendments have been achieved through the arrogance of numbers and “politics of the belly, Mulenga stated, citing the 1968 removal of the referendum clause by the United National Independence Party (UNIP) of former president Kenneth Kaunda dominated Parliament and the 1996 introduction of discriminatory clauses by the former ruling Movement for Multiparty Democracy of late president Frederick Chiluba dominated Parliament.
“The failure of Zambia giving unto itself a people driven Constitution lies squarely at the feet of the narrow interests of the ruling class and not on the legal, logistical and financial considerations that has been the mantra of successive ruling parties,” Mulenga added.
The coalition is further opposed to the holding of a referendum on the proposed Bill of Rights alongside the often acrimonious, violent and highly partisan charged general elections as this will not only be setting the Bill of Rights to fail but also relegating the Bill of Rights to secondary consideration.
“Zambians have clearly made known their aspirations and expectations of the new constitution and the least MPs can do is not to betray the trust and confidence of Zambians by falling prey to narrow partisan interest in the constitution making process.”
Mulenga gave a stern reminder to the MPs that the people are supreme and all power is reposed in them and that MPs should not betray their will on this by even attempting to begin to undo what was agreed upon at the national convention.
-0- PANA MM/VAO 14Aug2015
This follows the recent publication in government newspapers of the Constitution of Zambia Bill 2015, seeking to amend the constitution through parliament except the bill of rights which will be subject to a referendum during the 2016 general election.
Government announced that it will table in parliament all the provisions of the draft constitution prepared by the Technical Committee on Drafting the Zambian constitution except the bill of rights and provisions on alterations of the constitution provided for under Article 79 of the current constitution which will be subjected to a referendum.
But the coalition claims that piecemeal amendments of the Constitution is contrary to the spirit and principles set out in the Technical Committee’s terms of reference, supreme of which was for "the Zambian people to give unto ourselves a new people driven constitution through a referendum".
According to the civil society, the aspirations of Zambians are to have a new constitution which would be popularly adopted by them and not their representatives who in many instances are loyal to partisan interest than national interest.
“Adopting the constitution through Parliament will once again deny Zambians a chance to have a people driven Constitution that would not be the preserve of those in power but that would command the loyalty, respect and compliance to it by the ordinary Zambians,” CSCC chairperson, Judith Mulenga, said Friday.
“The adoption of the Constitution through a popular mode such as a stand alone referendum would have served to popularise the new Constitution and to enhance its legitimacy as many Zambians would have been involved throughout the process from consultations to its adoption,” she added.
Mulenga charged that the ruling Patriotic Front (PF) government proposed route risks the Constitution failing once again as it did before, saying that history has demonstrated that amendments to the Constitution through Parliament have been motivated by the desire to cling to power by the ruling class at any expense rather than in the public interest.
Such amendments have been achieved through the arrogance of numbers and “politics of the belly, Mulenga stated, citing the 1968 removal of the referendum clause by the United National Independence Party (UNIP) of former president Kenneth Kaunda dominated Parliament and the 1996 introduction of discriminatory clauses by the former ruling Movement for Multiparty Democracy of late president Frederick Chiluba dominated Parliament.
“The failure of Zambia giving unto itself a people driven Constitution lies squarely at the feet of the narrow interests of the ruling class and not on the legal, logistical and financial considerations that has been the mantra of successive ruling parties,” Mulenga added.
The coalition is further opposed to the holding of a referendum on the proposed Bill of Rights alongside the often acrimonious, violent and highly partisan charged general elections as this will not only be setting the Bill of Rights to fail but also relegating the Bill of Rights to secondary consideration.
“Zambians have clearly made known their aspirations and expectations of the new constitution and the least MPs can do is not to betray the trust and confidence of Zambians by falling prey to narrow partisan interest in the constitution making process.”
Mulenga gave a stern reminder to the MPs that the people are supreme and all power is reposed in them and that MPs should not betray their will on this by even attempting to begin to undo what was agreed upon at the national convention.
-0- PANA MM/VAO 14Aug2015
