By Kellys Kaunda
CONSTITUTIONALISM VS POLITICAL CULTURE – ZAMBIANS CHOOSE THE LATTER
When John Sangwa decided to throw in the towel citing unconstitutional demands by both the office of the Registrar of Societies and that of the Inspector General of Police, supporters of the ruling party, in unison, kind of raised their glasses in a sign of triumph.
Their uniform and predictable responses came across as though they felt a significant sense of relief.
Here are some of the most popular and representative responses.
“Politics is not for the faint-hearted; politics teyabaiche (politics is not for children); we knew he wasn’t going to last; he thought because he was popular in his professional circles, he was going to be equally popular in politics; he should have been as strong as Hichilema; and this is politics”.
If you paid careful attention to the foundational justification John Sangwa proffered for the formation of the Movement for National Renewal, constitutionalism was the issue.
For non-casual political thinkers, there was significant depth to the matter.
The Zambian political culture is so tattered and so tainted, if it were a table, its legs would be so wobbly, it wouldn’t stand on the country’s constitutional foundation.
In practice, a number of subsidiary pieces of legislation have, over the years, been systematically introduced whose cumulative effect is to erode the fundamental intent of the constitution.
These laws and their administrative mechanisms have taken precedence over the spirit of the constitution.
Like Jewish slaves who had spent around 400 years in servitude in Egypt, Zambians have lost a sense of the original intent of the constitution.
With no Moses to remind them of their purpose in life, the Jewish nation accepted Pharaoh’s rule as their guiding principles.
Similarly, with no one to remind them of their mastery of the affairs of their country, Zambians accept the discretionary powers that the Registrar of Societies has been enjoying as normal.It
One of the perfect entry points for political corruption and the erosion of the rule of law is the existence of discretionary powers of public officials.
A close study of such official privileges has revealed their corrosive effect on the highest law in the land.
The greatest beneficiaries are often ruling parties. So, they purposely choose to allow matters to stay as they are.
The officers occupying these offices know why they have been placed there.
Falling onto plausible deniability, ruling party politicians routinely dismiss any accusations of giving directives to officers occupying the office of Registrar of Societies.
This is politically too attractive an office to be left to operate in accordance with the spirit of the constitution.
He that controls this office can decide who ends up on the ballot paper. This makes Zambia’s democracy a poisoned chalice.
It makes the registration of a political party unnecessarily too hard and too acrimonious.
To hide the truth from Zambians and legitimize these unconstitutional practices, politicians have coined such terms as: politics is not for the faint-hearted; its not for children, and someone must have stamina to endure the obstacles.
These are lies. Unfortunately, they have been told so many times, most Zambians have learnt to live with them.
Just because you have learnt to live with such conditions don’t make them constitutionally acceptable.
If, like John Sangwa, you knew the truth about constitutionalism, you may choose to walk away. Others decide to stay and wade through the mud.
For most Zambians, concepts such as constitutionalism are too abstract for their appreciation and yet the concept is indispensable to the defense of their fundamental rights.
Constitutionalism is a call to the basics, a call to return home because we have wandered too far away and lost in the process.
Unfortunately, we are too mixed a multitude, some of our brethren seem comfortable in the wilderness.