By Isaac Mwanza
Constitutions are living documents, imperfect and subject to refinement.
The American Constitution, for instance, had no Bill of Rights when it was enacted and contained clerical errors. Over 250 years, it’s been amended 17 times with 27 amendments.
In contrast, Zambia’s Constitution has been amended 6 times in 60 years. We should strive to avoid frequent amendments. And importantly, we must resist the temptation to create a new Constitution altogether, as there’s no crisis necessitating such a drastic move.
Constitutions are amended to correct imperfections and improve governance, not in response to crises. Our Constitution has its flaws, including the first-past-the-post electoral system, which hinders gender equity and representation of special interest groups.
Constitution making process in Zambia and beyond is always surrounded by controversy and the controversy is mainly political. A day before yesterday, it was MMD that needed to amend the Constitution and then opposition PF opposed the move. Yesterday, it was the PF wanting to amend the Constitution and the UPND opposed the move. Today, its the UPND wanting to amend the Constitution and its both the PF, MMD and others opposing the amendments.
I have always believed that we should address constitutional imperfections, regardless of who’s in power, to enhance democracy and constitutionalism.
I am therefore grateful to be serving on the Technical Committee, appointed by President Hakainde Hichilema, and contribute to this process, until a time when the Committee will be dissolved.
In 2015-16, I helped President Edgar Chagwa Lungu deliver a key constitutional amendment which has seen us have the 50 percent plus 1 for electing a President, Presidential Running Mate and a Constitutional Court, but there was more work to be done.
The PF however didn’t deliver on promises like fair representation for women, youth, and PWDs, appointment of Ministers from outside Parliament, and provincial assemblies.
Will President Hichilema leave a lasting legacy by addressing these issues? Only time will tell what unfolds in Parliament.
Good morning, Zambia
(Picture Description: Members of civil society including those drawn from the Church mother bodies and the Muslim Community)