PRESIDENT HICHILEMA’S COMMENTS ON FOUR FORMER MPS’ BILL 7 VOTE RAISE SEPARATION OF POWERS CONCERNS
By Nelson Zulu/Joseph Kaputula
The Alliance for Community Action -ACA- says President Hakainde Hichilema’s comments about four former members of parliament who voted against bill 7 have raised serious concerns about the independence of the legislature and the separation of powers in Zambia.
President Hichilema yesterday in Solwezi disclosed that former members of parliament Gary Nkombo, Elijah Muchima, Elias Mubanga and Newton Samakayi voted against Bill 7 and later fell out with the ruling party.
Speaking in an interview with Phoenix News, ACA Executive Director Jimmy Maliseni says members of parliament owe their primary loyalty to the citizens who elect them and not to the executive.
Mr. Maliseni says the President’s remarks appear to suggest that members of parliament are expected to align their decisions with the executive, a position he says reinforces concerns about the lack of a clear separation of powers.
He says while political parties are entitled to enforce discipline through the whip system, such mechanisms should not override the conscience, independence and judgment of individual lawmakers when deliberating on matters before the house.
Mr. Maliseni further questioned the value of elections if elected representatives are expected to prioritize party interests over the wishes of the people who voted for them.
He has described the President’s remarks as troubling, saying they risk undermining democratic principles and the independence of parliament.
Meanwhile, Advocates for Democratic Governance Foundation Executive Director Gideon Musonda says it is unfair to criticize or sideline a party member for taking a different position from the party president on a legislative matter.
Mr. Musonda says the primary responsibility of elected officials is to represent the interests of their constituents, a duty he says should take precedence over party interests.
PHOENIX NEWS
Real separation of powers means members of the three organs of government – the executive, the legislature and the judiciary – must serve in only one organ. But in Zambia, the vice-president and cabinet ministers serve as MPs as well as members of the executive. The absurdity of it all is obvious. We might as well have judges sit in parliament also. After all we do not seem to care.
There is actually no issue of separation of powers between the Executive and Legislature arising from the President mentioning those UPND members of parliament who voted against Bill 7. It is a statement of fact. All the players involved exercised their legal rights in parliament with attendant consequences to their party position. The President was referring to benefits of the provisions of Bill 7. We have not heard anyone including the opposition, say they do not want them.
The broad meaning of my posting is lost on you. It’s such a shame really. Differences of opinion within the same party should not attract sanctions. It’s just a way of saying “sorry, I am not persuaded by your viewpoint”.
Would be interesting to know what the upnd constitution says regarding voting against the party.