TIZ – CoF demand clear law reform road map

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By Derrick Sinjela and Simon Banda

In a Thursday, 12th October 2023 Joint Statement Transparency International Zambia (TIZ) Executive Director Maurice Kalaluka Nyambe and Chapter One Foundation (CoF) Executive Director Linda Kasonde are DEMANDING FOR AN OPEN, INCLUSIVE, AND TRANSPARENT CONSTITUTIONAL REVIEW PROCESS.

Mr. Nyambe and Ms. Kasonde say since independence in 1964, Zambia has undergone several constitutional review processes that have been driven by the competing interests of ruling parties trying to attain more power against the interests of the people seeking constitutional emancipation.

Secondly, since the return to multi-partyism through the 1991 constitution, Nyambe and Ms. Kasonde note that attempts to make meaningful constitutional reform have resulted in piecemeal amendments to the Constitution with Parliament, led by successive ruling party majorities, determining the final content of such constitutional amendments.

For example, approximately seventy percent (70%) of the recommendations made by the Zambian people in the 1996 John Mpanga Mwanakatwe Commission’s report were rejected by the Government in the Bill presented to Parliament. In the most recent attempt to amend the Constitution in 2019, the United Party for National Development (UPND) joined hands with civil society in rejecting attempts by the previous government at gerrymandering and consolidating power for its own ends.

When the UPND formed government in August 2021, it committed itself to improving the livelihoods of the people of Zambia and ensuring respect for the rule of law, through the enhancement of the institutions of governance, and the review of the constitution in accordance with the will of the people. In his speech during the opening of the First Session of the 13th National Assembly in September 2021, President Hakainde Sammy Hichilema spoke on the need for constitutional reforms, a commitment he had later made in June 2022 in his address to the European Parliament and during the Summit for Democracy held in March 2023 in Zambia.

Given this background, Transparency International Zambia (TIZ) and Chapter One Foundation (CoF) are deeply concerned about the inertia on the part of the Executive to facilitate the provision of a comprehensive and clear road map on the constitutional review process in consultation with relevant stakeholders.

“We are equally concerned about the lack of communication from the government around this issue. Democracy is meant to promote and protect good governance of the people, by the people, and for the people. Substantial piecemeal amendments to the Constitution through the Enacting legislation without the necessary stakeholder engagement takes away the opportunity for Zambian citizens to have a meaningful people-driven constitution.
In the absence of a clear statutory framework that protects the process and the content of the final draft constitution from manipulation, the process of debate of the Bills in Parliament risks altering the nature and character of what the people of Zambia wish to see in the final constitution. If that happens, it is the Zambian people who will be the losers once again.
We therefore make an earnest appeal to the government in general, and the Ministry of Justice (MoJ) in particular, to provide this clear direction on how the Government intends to engage the people of Zambia on this issue without further delay. In the same vein, we wish to urge the UPND administration not to fall prey to the machinations we have been subjected to in earlier constitution review processes in which previous administrations have pursued narrow political interests over and above those of the wider public good. Constitutional review is an important and sacred process and one that must be devoid of any narrow political interests. The process should rather harness the collective consensus of the Zambian people,” argued Nyambe and Ms. Kasonde.

Nyambe and Ms. Kasonde challenged the United Party for National Development (UPND) administration to show that they will do things differently by ensuring a legitimate and independent constitutional process that will respond to the wishes and aspirations of the people of Zambia, who deserve nothing less.

Thursday, 12th October 2023

For Immediate Release

JOINT STATEMENT BY TI-Z AND COF DEMANDING FOR AN OPEN, INCLUSIVE, AND TRANSPARENT CONSTITUTIONAL REVIEW PROCESS

Since we obtained our independence in 1964, Zambia has undergone several constitutional review processes that have been driven by the competing interests of ruling parties trying to attain more power against the interests of the people seeking constitutional emancipation. Since the return to multi-partyism through the 1991 constitution, attempts to make meaningful constitutional reform have resulted in piecemeal amendments to the Constitution with Parliament, led by ruling party majorities, determining the final content of such constitutional amendments. For example, approximately 70% of the recommendations made by the Zambian people in the 1996
Mwanakatwe Commission’s report were rejected by the Government in the Bill presented to Parliament. In the most recent attempt to amend the Constitution in 2019, the United Party for National Development joined hands with civil society in rejecting attempts by the previous government at gerrymandering and consolidating power for its own ends.

When the UPND formed government in August 2021, it committed itself to improving the livelihoods of the people of Zambia and ensuring respect for the rule of law, through the enhancement of the institutions of governance, and the review of the constitution in accordance with the will of the people. In his speech during the opening of the first session of the 13th National Assembly in September 2021, President Hakainde Hichilema spoke on the need for constitutional reforms, a commitment he had later made in June 2022 in his address to the European Parliament and during the Summit for Democracy held in March 2023 in Zambia.

Given this background, Transparency International Zambia and Chapter One Foundation are deeply concerned about the inertia on the part of the Executive to facilitate the provision of a comprehensive and clear road map on the constitutional review process in consultation with relevant stakeholders. We are equally concerned about the lack of communication from the government around this issue. Democracy is meant to promote and protect good governance of the people, by the people, and for the people. Substantial piecemeal amendments to the Constitution through the Enacting legislation without the necessary stakeholder engagement takes away the opportunity for Zambian citizens to have a meaningful people-driven constitution.
In the absence of a clear statutory framework that protects the process and the content of the final draft constitution from manipulation, the process of debate of the Bills in Parliament risks altering the nature and character of what the people of Zambia wish to see in the final constitution. If that happens, it is the Zambian people who will be the losers once again.

We therefore make an earnest appeal to the government in general, and the Ministry of Justice in particular, to provide this clear direction on how the Government intends to engage the people of Zambia on this issue without further delay. In the same vein, we wish to urge the UPND administration not to fall prey to the machinations we have been subjected to in earlier constitution review processes in which previous administrations have pursued narrow political interests over and above those of the wider public good. Constitutional review is an important and sacred process and one that must be devoid of any narrow political interests. The process should rather harness the collective consensus of the Zambian people. We challenge the UPND administration to show that they will do things differently by ensuring a legitimate and independent constitutional process that will respond to the wishes and aspirations of the people of Zambia, who deserve nothing less.

Maurice K. Nyambe (Mr.) Linda Kasonde (Ms.)
Executive Director Executive Director
Transparency International Zambia Chapter One Foundation