Thursday, June 13, 2013

Zambian Constitution making..... "another wet-dream"

I have always been pessimistic about my country’s desire to write a constitution that will stand the test of time under the current circumstances and government’s response to a fresh proposal by the Technical Committee Drafting the Zambian Constitution-TCDZC-to have a six months extension to the constitution making process. The negative response apparently amplifies my reservations. I am forcefully drawn into sharing thoughts on the recent revelations by Justice Minister, Wynter Kabimba of the correspondence between his office and the team mandated to ensure that a constitution that meets our aspirations, as Zambians, and not politicians who have always hijacked the process is delivered with ease. Firstly, there should be a realisation that current politicians should detach themselves from the process because it is not meant to serve their interests but prospective generations. Thus, the need to let the committee conclude its work, rather than looking at the cost of the exercise, could have been the best way to go. Who told the current Government that democracy is Cheap? Why has Honourable Kabimba remained defiant to the civil society organisations about the need to have a legal framework to protect both content and the process? Ironically, President, Michael Sata has time & again reaffirmed his commitment that under the Patriotic Front government, Zambia will not borrow or import a constitution from any other country but will formulate its own people driven supreme law of the land. Additionally, the President has constantly noted at several forums that world over, the constitution making process was an art in compromise and consensus building which calls on citizens to give prominence to national interest as opposed to serving narrow partisan interest, which the justice minister seems to have adopted by his refusal to grant the committee the requested 44 million kwacha-rebased for the proper completion of the process. It is not true that we (Zambians) want a constitution now not even tomorrow but that we want a quality document to address the many challenges that we are faced with as a country. It is therefore my conviction that the current leadership deserves some lecturing on the prospects of a good constitution. Accordingly, we need, as a country to embrace the proposal by the technical committee to conclude the process. It is further absurd to demean eminent individuals like Justice Annel Silungwe, who currently chairs the committee that it has been turned into a commercial franchise without listening to their proposal. I think we should be sober when discussing issues relating to the constitution and not trivialize it as beer talk. Those opposed should stop thinking that those advocating for the extension are unpatriotic. It is disheartening that Zambia has no respect for technocrats that continue to serve the country with diligence and utmost commitment such as those that currently constituting the technical committee due to their investment in time & energy in crafting this document. Mr Kabimba could have been well advised to engage the committee and understand its reasoning for an extension to conclude its work than paint the committee as a bunch of individuals solely interested to amass the country's resources. His outburst puts the whole process in reverse gear as it seems will be concluded just because Kabimba wishes to see the work concluded whether it meets the aspirations or not. This also shows Government's bulldozing tendencies which may constitute the remaining process to the final enactment of the constitution. This also brings to the fore fears many people had at the beginning of the process that it should not be left to the good will of politicians, however those who voiced out then were labelled all manner of names. Surprisingly, in the run-up to the September 20 General elections, then leader of the Opposition Patriotic Front (PF) repeatedly mentioned among other things that his party would deliver a people driven Constitution within ninety days of being elected into government, which however stands as one of the many failures of this government with its now infamous 90 days rhetoric. Undoubtedly, the call by the Justice Minister that the committee should conclude its program of work by June 30, as earlier indicated might just be among the many wet dreams of the ruling party to deny Zambians a well thought constitution. Whoever has told these politicians that we don’t have money to finance the completion & extension of the constitution making is a joker in the wake of unprecedented by-elections & bloated government, the biggest on the African continent. One would not be far from the truth to conclude that Zambians have gone through the same failed route when it comes to the constitution making process. As things stand the PF government has shown little if no commitment at all to start the process through the establishment of a referendum commission to prepare for the holding of a referendum, which will inadvertently be even expensive going by Kabimba's argument. Its' my opinion

No comments:

Post a Comment