Bill 10 is good for Zambia, prods Raphael Mangani Nakachinda

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By Derrick Sinjela, Kafue Estates, Lusaka Province,

Bill 10 is here to cure Zambia’s constitutional contradictions, insists Nominated Movement for Multi-Party Democracy (MMD) Member of Parliament (MP) Raphael Nakachinda (RMN), as citizens continue to await it Second Reading, which Speaker of the National Assembly, State Counsel Patrick Matibini will chair.

Briefing the electorate in Kafue at a meeting which observed  Coronavirus (COVID 19) one metre Social Distancing Practice, by participants sitting on classroom desks, following a resident driven petition against United Party for National Development (UPND) Kafue Member of Parliament (MP), Mirriam Chonya, Mr. Nakachinda explained that the ongoing Bill 10  background, arose after more than five Constitutional review efforts and Fifth Republican President, late Michael Chilufya Sata’s Technical Committee on Drafting the Zambian Constitution, 2011 – 2013  (TCDRC) headed by Justice Annel Silungwe did not yield a positive outcome.

Nakachinda or RMN reiterated that the current attempt I’d meant to enact a people-driven law reform campaign designed and construed at replacing the colonial law, bequeathed by the British Colonizers.

Said Nakachinda: “This came out of the lacuna’s of Tuesday 5th January 2016 Constitutional Amendments, which President Edgar Chagwa Lungu assented to at Lusaka’s National Heroes Stadium.  For instance, the present set up expects MPs to drive community development yet, they are excluded from sitting in a City or Municipal Council meeting were development aspirations at grassroots level are discussed,” stated Nakachinda.

Nakachinda recollected that before the ongoing process, Justice Minister, Given Lubinda, equally serving as Patriotic Front (PF) Kabwata Member of Parliament (MP), undertook countrywide meetings to Zambia’s ten (10) provinces namely; Central, Copperbelt, Eastern, Luapula, Lusaka, Muchinga, Northern, North-Western, Southern and Western, and later convened a National Dialogue Forum at Mulungushi International Conference Centre (MICC) on the Great East Road in Lusaka.

 

The NDF had 400 plus members; who agreed to move the declaration of Zambia as a Christian Nation from The Preamble to main body in Clause 4 & 5 and 8 that deals with national core values. We believe that the Mixed Member Proportional Representation (MMPR) will increase voices of Zambian Children Young People and Women in Development (ZCYPWD) as the voice percentage of women, millennials – youth and disabled persons will become louder. Out of the present 156 MPs, only 10 percent are women, and just 3 individuals can be ascribed as physically challenged,” RMN observed.

Beyond this gender disaggregated Clarion Call, Nakachinda says time has come to exorcise the ‘Westernized Zambian Leadership Structure’, through the proposed introduction of a Council of Paramount Chiefs, acting as an Upper House of the House of Chiefs.

“There is debate that Bill 10 that is awaiting Second Reading is a bad bill with inimical clauses, is not true! If you read it, there is no proposal that only councilors, or persons who have previously held elective office can vie for the Republican Presidency. The only qualification is a certain level of academic education and one being a bona fide Zambian national with a Green National Registration Card (NRC) and a Voters’ Card. There is no re-introduction of Deputy Ministers. Sadly, people want to use Coronavirus as a political tool,” argued Nakachinda, who protestingly insisted on UPND MP Chonya paying allegiance to Kafue electorates, and not heed to her political leader, Hakainde Hichilema, popularly branded as HH.

“MPs are 156 and Eight (8) nominated by the Republican President, and though I was nominated by Dr. Edgar Chagwa Lungu, he (ECL) can only appeal to my conscience and not go as far as directing me to take a particular line of thought. The million dollar or Kwacha question is just why did the UPND MPs walk away? What is bad about increasing numbers of women, young people and disabled persons in Parliament,” puzzled Nakachinda at Kafue Estates Community Hall.

Aside from Movement for Multi-Party Democracy (MMD) Member of Parliament (MP) Raphael Nakachinda (RMN), President Edgar Chagwa Lungu nominated First Deputy Speaker Catherine Namugala, Finance Minister Bwalya Ng’andu, Labour and Social Services Minister, Gladys Nonde-Simukuko, National Guidance and Religious Affairs Minister, Godfridah Nsenduluka Sumaili, Edify Mukambala Hamukale , MP Provincial Minister – Southern Province, Richard Masaiti Kapita, MP Provincial Minister – Western Province,  Nathaniel Mubukwanu , MP  Provincial Minister – North-Western Province,

Kafue has 16 wards and is only allocated K1.4 billion, as Constituency Development Fund (CDF), which Nakachinda described as inadequate in comparison with constituencies in Uganda, which are just as equal to Kafue Estates, pointing out that Kanchibiya Constituency in Northern Province, under Dr. Martin Malama as MP  is equal to Swaziland, thus giving credence to the delimitation exercise that intends to increase Constituencies in Zambia.

RMN promised to deliver a Petition in which Kafue Residents want Chonya not to walk out of Parliament once debate is called to order by Speaker of the National Assembly, State Counsel (SC) Patrick Matibini, First Deputy Speaker, Catherine Namugala and Second Deputy Speaker Mwimba Malama.

Nakachinda chaired and presented the Republic of Zambia Report of The Parliamentary Select Committee appointed to scrutinise The Constitution Of Zambia (Amendment) Bill, N.A.B. No. 10 Of 2019 Appointed on 2nd August, 2019, during the Third Session of the Twelfth National Assembly.

A look at Zambia’s Constitutional History

Zambia – formerly the territory of Northern Rhodesia – was administered by the British South Africa Company from 1891 until it was taken over by the UK in 1923. During the 1920s and 1930s, advances in mining spurred development and immigration.

The name was changed to Zambia upon independence in 1964. In the 1980s and 1990s, declining copper prices and a prolonged drought hurt the economy. It shares borders with Tanzania, Botswana, Namibia, Congo- Kinshasa, Malawi, Angola and Zimbabwe.

Political system and history

Elections in 1991 brought an end to one-party rule dominated by President Kenneth David Buchizya Kaunda and his United National Independence Party (UNIP 1964-1991), although the subsequent vote in 1996 saw was characterized by mistreatment and harassment of opposition parties. The election in 2001 was marked by administrative problems with three parties filing a legal petition challenging the election of ruling party candidate Levy Patrick Mwanawasa. Modern Zambia is a multiparty democracy with a presidential system of government.

Constitutional history and development

Constitutional development in Zambia can be traced back to the British colonial times, especially from the beginning of the 1950s. Its constitution building history can be divided into post-independence and post-cold war periods.

Independence constitutional development

The Order in Council of 1953 and the 1962 Constitution

Constitutional development during this period was marked by the establishment of the Federation of Nyasaland and Rhodesia through the Order-in-Council (a legislation made in the name of the monarch in some Commonwealth countries), of 1953. The Order specified the prerogatives of the federal and territorial governments.

The Order in Council was followed in 1962 by a constitution. Written solely by the British Colonial Administration, its purpose was to accommodate both white settlers and native Africans in the Legislative Council. The constitution was also to lay the foundation stone for the independence of Northern Rhodesia outside the federation.

 The Zambian Independence Order-in-Council of 1964 and the 1964 Constitution

Following the dissolution of the federation in 1963, a new constitution based on the Westminster model and designed to resolve the conflicting interests of the indigenous Africans, the settler white community and the colonial government was negotiated by the major stakeholders. It came into force through the Zambia Independence Order-in-Council of 1964the country’s first independence constitution and established a multiparty system dominated by Kaunda’s UNIP.

Post-independence constitutional development

The 1967 referendum and the Constitution of 1973

Increasing challenges from opposition parties to Kaunda’s dominance over the country during the first Republic eventually forced Kaunda to institutionalize a one party state as a way to prevent ethnic rivalries and promote national unity. It was argued that the elimination of political pluralism will lead to unity and foster socio economic development. In 1968, a referendum was organised and four years after, a Constitutional Review Commission (CRC), headed by Vice President Mainza Mathias Chona was established in a move that opened the window for the institutionalization of one party rule. In a highly remote-controlled process by the Kaunda administration, a new constitution which abolished multipartism and declared UNIP the only party recognised by law, was passed in 1973. This development reinforced presidential rule in Zambia as the president became the key player on the political scene.

Post-Cold War or Multi Party constitutional development

The 1991 Constitutional Amendment

Unable to resist the winds of change that were blowing across the continent with the collapse of the Soviet Union and the end of the cold war in the early 1990s, a new CRC headed by Professor Mphanza Patrick Mvunga was appointed by Kaunda to draft a new constitution that will restore multiparty democracy. This was the Constitution Act that was promulgated on August 31 1991. In the absence of time for a proper constitutional review, this constitution was essentially a transitional document designed to meet the needs of that time.

The 1996 Constitutional amendment

With the demise of Kaunda and the election of Fredrick J.T. Chiluba as president, a new attempt was made to get a lasting constitution for Zambia. A new commission, chaired by John Mupanga Mwanakatwe, was appointed in 1993 to draft a Constitution.

The 2003 Constitutional review

In 2001, Levy Patrick Mwanawasa ascended to the helm of state and, in 2003 initiated Zambia’s fourth review process, headed by the Willa D’Isreal Mung’omba CRC.

In December 2005, the Mung’omba Commission produced a draft constitution and report that was seen as progressive but the whole process was later suspended despite the agreement to adopt the document through a Constituent Assembly.

The 2006 Constitutional review process

In what has for all intents and purposes been described as Zambia’s fifth constitutional review process, President Mwanawasa in December 2006 presented a lengthy 14-step roadmap for constitutional change spreading over 5 years (285 weeks). The members of the proposed popular body, which was to be called the National Constitutional Conference (NCC), were to be nominated by the different interest groups instead of being elected. In July 2007, NCC Bill was presented by the Minister of Justice to the stakeholders for input and by August the Bill had been adopted mandating the NCC to draft a new Zambian Constitution. The NCC’s work is still ongoing.

The NCC includes 11 committees which are tasked with reviewing the relevant sections of the Mung’omba draft and making recommendations. These recommendations become binding when adopted by plenary. There are an additional 3 technical committees.

Key events in the Ongoing Constitutional Process

December 2006	President Mwanawasa initiates the fifth constitutional review process by presenting a 14 step roadmap for constitutional reform spreading over 258 weeks.
April 2007	Civil society headed by the OASIS Forum presents an alternative roadmap spreading over 71 weeks and creating a deadlock in the process
May 2007	Political parties engage in internal consultations to seek ways of breaking the deadlock and establishing a compromise solution with their rank and file in the provinces.
June 23 2007	Stakeholders during the Summit of the Presidents agree to compromise road map calling for a National Constitutional Conference (NCC).
July 2007	A Draft NCC bill is presented to the stakeholders for input by the Minister of justice
September 2007	Bill establishing NCC is adopted
December 19 2007	Members of parliament, representatives of political parties, local councilors, NGOs, professional bodies, traditional leaders, special individuals, the judiciary, state institutions and the civil service were sworn in as members of the National Constitutional Conference.
April 2008	The parties jointly organized regional consultative platforms to discuss content issues.
19 August 2008	President Mwanawasa dies
September 2009	President Rupiah Banda grants the NCC a four-month extension to fulfill its mandate. Pressure has been mounting from opposition political parties and civil society groups for the NCC to complete its work so that the next general elections in 2011 can be held under the new constitution.