CREATION OF THE CONSTITUTIONAL TECHNICAL COMMITTEE UNDER ARTICLE 92 INSTEAD OF THE INQUIRIES ACT IS ILLEGAL – LINDA KASONDE
The fact that the terms of reference of the Technical Committee appointed to consult the people of Zambia and make amendments to the Constitution have not been released suggests that the terms of reference may not be in the best interests of Zambians. The duties of the Technical Committee are public, and therefore the terms of reference and the proceedings of the Technical Committee must be open to public scrutiny.
It is also worth nothing that the Constitutional provisions under which the Technical Committee has been appointed, being Articles 92(2)(f) and 92(2)(j) do not give the President with the powers to create this kind of committee. All previous Constitutional Commissions and Technical Committees have in the past been created under the Inquiries Act which prescribes the powers of a Commission or Technical Committee to undertake an exercise such as a constitutional review process.
Without being properly constituted by a prescribed law, that is the Inquiries Act, the creation of the Technical Committee is illegal. The fact that the terms of reference are being withheld from the public adds to the disquiet that the process may lead to undesirable results. I would urge all well-meaning Technical Committee members to consider resigning if indeed their mandate does not meet the needs and will of the people of Zambia.
KBN TV
Even if the Inquiries Act was used, they would still have found some mud to throw at this thing, anyway.
It’s important to hv dialogue even if you do not like each other. Those who are laypersons at law will not know who to believe.
But thingy is as a lawyer, you know how to get remedies for illegal thingy. Please Ms Kaonde can you file some paper work in court and contest this. Noti chabe ku kamba pa radio