AMENDING THE CONSTITUTION-Is there an urgent need to?
…the process has failed from the start as it is being driven by Government and not the people…
By Amb. Emmanuel Mwamba
On 14th September 2023, the Clerk of the National Assembly wrote to parliamentarians requesting them to submit proposals on consolidated constitutional amendments, especially what was termed as “non-contentious matters”.
The clerk directed that such submissions must be made by 29th September 2023.
Last week, the Zambia Law Development Commission held a workshop with selected stakeholders to discuss ideal processes of amending the Constitution.
And in his address to Parliament during the official opening of the 3rd Session of the 13th National Assembly, President Hichilema hinted at the need to amend the Constitution especially in recognising and enhancing the role of members of parliament in the Constituency Development Fund (CDF).
Clearly, President Hakainde Hichilema is keen and determined to amend the Constitution for whatever reasons.
WHAT’S DRIVING PROPOSED CONSTITUTIONAL AMENDMENTS
We understand that the United Party for National Development (UPND) has clear ill-intentions and wishes to write a new Constitution that is fashioned in their own image.
We understand that there are plans afoot to push in negative amendments such as a proposed presidential seven-year term or removal of limited presidential term, removal of 50+1% for one to be elected as President and other clauses that maybe relevant to the 2026 elections but detrimental to the growth of our Democracy.
We understand that they will throw in carrots 🥕 or sweeteners such as; proportional representation to woo youths and marginalized groups and some inattentive observers.
Other fast-tracked amendments to excite certain quarters will include the passing of the Freedom of Information Bill, Political Parties Bill, and the new Public Gathering Bill to amend the Public Order Act.
WHAT CHANGED?
Just in 2021, President Hakainde Hichilema rejected proposals to amend the Constitution, arguing that the 2016 Constitution needed to be tried and tested before any amendments could be proposed.
To this effect, his party rejected the famous Bill 10 that made proposed sweeping constitutional amendments.
But things quickly changed after elections after he was elected.
After being appointed as Justice Minister in September 2021, Mulambe Haimbe announced that Government would not be in a hurry to bring constitutional amendments to the fore and that Bill 10 would not be brought back in Parliament.
However, by January 2022, Haimbe changed the language and disclosed that the constitution reform process had started and that Government was receiving submissions from stakeholders on possible changes to the country’s supreme law.
This alarmed many stakeholders who understand that the constitutional-making process is driven by the people and not by Government.
However, this talk about amending the Constitution is not coming from the people, who are the main drivers of any constitutional making process.
But this is a process being driven by the ruling party for its own hidden interests and that of bureaucrats, a recipe for another costly and sure failed constitutional-making process.
CONCLUSION
The Constitutional making process currently being proposed has no consensus, urgency, or road map, and the process is non-existent and is marred in suspicions.
Under the Patriotic Front Government, political parties were gathered, a road map process was enacted in Parliament and wide and provincial consultations were conducted.
Further the National Dialogue Forum was convened that adopted the proposed amendments.
The current process remains steeped in opaque mechanisms, is exclusive away from key stakeholders and it is not driven by the people.
It therefore must be rejected, and the government must pre-occuppy itself with economic and social challenges and difficulties currently facing the people.
The Constitution and its proposed amendments are not an urgent or priority matter to the people.
The author is Patriotic Front Member of the Central Committee and Chairperson of Information and Publicity