LAZ Press Statement dated Tuesday 4th February 2020 on the Constitution of Zambia (Amendment) Bill No. 10 of 2019

Former LAZ President Linda Kasonde (Left) and her successor Eddie Mwitwa (Right)

LAZ PRESS STATEMENT DATED 4TH FEBRUARY 2020 ON THE CONSTITUTION OF ZAMBIA (AMENDMENT) BILL NO. 10 OF 2019

As the nation awaits the consideration of the Constitution of Zambia (Amendment) Bill, No. 10 of 2019 (“Bill No. 10”) by the National Assembly, which is due to resume its sittings on 11th February 2020, the Law Association of Zambia (LAZ) reiterates its position on the Bill as indicated in the Press Statement of 15th July 2019 that Bill No. 10 is by and large retrogressive.

LAZ is cognizant of the fact that in its widely publicized petition before the Constitutional Court regarding Bill No. 10, the Constitutional Court dismissed LAZ’s petition principally on the ground that proposed legislation cannot be challenged until it becomes law.

LAZ’s perusal of the abridged judgment of the Constitutional Court dated 29th November 2019, which is the only judgment currently available, reveals that the Constitutional Court’s decision did not in any way suggest that the contents of Bill No. 10 had been endorsed by the Constitutional Court.

R-L: Justice Minister Given Lubinda, Religious Affairs Minister Godfridah Sumaili and President Edgar Chagwa Lungu attends the celebrations to marking 80 years of Evangelism at Regiment Parish under the theme: “Baptised and Sent: The Church on the Mission, 80 Years of Evangelisation at Regiment Parish (1939 – 2019)” in Lusaka on Sunday, January 19,2020- Picture by EDDIE MWANALEZA

Further, the LAZ Council has acquainted itself with the contents of the Report of the Parliamentary Select Committee on Bill No. 10 and has noted the fact that although a number of stakeholders made various recommendations on the Bill, some of which are laudable, the reality is that Bill No. 10 remains as it was when the Bill was published in Gazzette Notice No. 660 of Friday, 21st June 2019.

There is therefore no other Constitutional Amendment Bill before Parliament but the same Bill No. 10, which contains numerous retrogressive provisions, a number of which the Select Committee also rejected.

In addition, LAZ notes that the legislative process in our country does not in any way guarantee that any of the Select Committee’s recommendations will be adopted by the National Assembly when the Bill comes up for debate.

Justice Minister Given Lubinda, Bishop John Mambo and Lewis Mwape at a Zambia Council for Social Development Constitution Talk Cresta Golfview Hotel Lusaka Thursday 14 Dec 2017 pix by Derrick Sinjela

Accordingly, the prospects and risk of the retrogressive amendments being adopted by the National Assembly have not been eliminated at all.

In the light of the foregoing, LAZ earnestly calls on the Government to withdraw Bill No. 10 before a fresh, progressive Constitutional (Amendment) Bill, built on consensus of all stakeholders, is re-introduced in Parliament.
It is LAZ’s hope that such a fresh Bill will seek to advance, and not erode, the collective fortunes of all Zambians or the provisions of the current Constitution and will guarantee the growth of our democracy, social order and social justice.

FROM LEFT TO RIGHT:Justice Minister Given Lubinda,Chief Justice Ireen Mambilima,High Court Judge Justice Conceptor Chinyama Zulu,Court of Appeal Judge Just Mwiinde Siavwapa, Court of Appeal Judge Justice Betty Mwaka Majula,President Edgar Chagwa Lungu,Vice -President Inonge Wina,Court of Appeal Judge Justice Petronella Chama Mwitwa-Ngulube and Deputy Chief Justice Marvin Mwanamwambwa after the Swearing-in-ceremony at State House in Lusaka on Wednesday,January 10,2018. PICTURE BY SALIM HENRY/STATE HOUSE ©2018

In light of numerous retrogressive provisions in Bill No. 10 and LAZ’s statutory duties, the LAZ Council will continue pursuing interventions aimed at achieving a rethink about the retrogressive provisions in Bill No. 10 and the Bill as a whole.
Having already moved the Constitutional Court, these interventions will include engaging its members on Bill No. 10 and reaching out to stakeholders to join hands with LAZ in building consensus on the constitution amendment process.

As always, LAZ remains committed to playing its statutory role of furthering the development of law as an instrument of social order, social justice and as an essential element in the growth of our democratic society.
ISSUED BY THE LAZ COUNCIL – 4TH FEBRUARY 2020.

William Chilufya with Vice President Inonge Wina and Agriculture Minister Given Lubinda

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