Tuesday 15 May 2012

A Healthy Constitution

This week, on Wednesday, as a supplement in ‘The Post” newspaper, the draft of the new Zambian Constitution was published. It is considered by many to be a progressive document and seems to be enjoying fairly widespread support. It is very similar to the one that appeared a few years ago which Senior Chief Inyambo Yeta, who along with others were instrumental in drafting. That document was unfortunately amended beyond all recognition by a previously appointed national constitutional council.


A major concern here in Western Province is that still no recognition is given to Barotseland’s historical role in the formation of the Republic of Zambia. However, as in other democratic constitutions, there is the clear separation of powers. These have been distributed amongst the executive, the judiciary and the legislature to create checks and balances and to ensure accountability to the people.


The new constitution entrenches a Bill of Rights with more rights for women, children, youth, the disabled and the elderly than before and includes affirmative action in certain areas of discrimination and lack of equity. There are also guaranteed economic, social, and cultural rights and a constitutional court. This court would deal with human rights, governance and election issues. A strengthened Human Rights Commission would also be provided with powers to redress human rights violations.


A number of Articles would be entrenched rights and difficult to change. In the past Amendments to the Constitution had been used by some incumbent Presidents to ‘fix’ opponents. To elect the President a 50 per cent plus one vote is required. The Vice President would now need to be elected as a running mate and no longer appointed.


Other proposals are a proportional representation system of electing MPs instead of the present Westminster-style first past the post elections. Cabinet ministers may be appointed from outside the National Assembly. There would be greater devolved and decentralised government at Provincial level. To ensure greater impartiality, traditional rulers and chiefs would be barred from actively participating in party politics.


There will now be a public consultation process lasting 40 days at district, provincial and national level. Local communities through schools, churches and other social groupings are invited to comment. Finally the amended document will be put to a national referendum.


The draft Constitution has also been posted on the website, www.zambianconstitution.org, for people to read and comment on.


On a personal note we are pleased that dual nationality would be permitted, meaning that Mubita could keep his Zambian citizenship which he lost after being adopted by us.


On Saturday 14 and Sunday15 April the UCZ here in the Western Presbytery had a weekend of prayer and fasting to intercede for the Church, Western Presbytery, Western Province, the Zambian Government and the Barotse Royal Establishment focusing on peace and unity.






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