DIALOGUE, CONSENSUS: VITAL INGREDIENTS FOR ZAMBIA’S ATTAINMENT OF DURABLE CONSTITUTION – PROF NDULO
New York, Sunday (May 12, 2024)
MEDIA STATEMENT
USA-based Zambian Constitutional Making Expert, Professor Muna Ndulo, says the current environment in Zambia is not conducive to dialogue over the development of a durable Constitution.
Prof. Ndulo recalls that constitutions inherited by former British colonies at independence were not fully democratic as they were negotiated settlements with Britain.
He observed that in the period between independence and the late 1980s, instead of democratizing the independence constitutions, government made several amendments to the document and instead concentrated power in the presidency, thereby making the constitutions even more undemocratic than they were at independence.
Prof. Ndulo cautioned, however, that the current atmosphere in Zambia is not suitable for negotiations because currently, the environment does not promote consensus building.
He said Zambia does not need any more Constitutional Commissions because there is a lot of information from previous Commissions allowing for Constitutional development.
The Constitution Specialist said Zambia cannot get a good Constitution agreement without agreeing on the process of Constitution Making.
Prof. Ndulo also stated that Zambia should realize the importance of expertise in the development of a durable Constitution.
The Professor said the issue of consulting stakeholders remains one of the challenges in the development of a durable Constitution in Zambia.
Prof. Ndulo said that as much as social and economic rights are important, Zambia should be careful because they do not guarantee development.
The Constitution Making Expert further warned Zambia to approach the issue of Proportional Representation with caution.
He said the Constitution must also be in plain language that is easy to understand.
Prof. Ndulo is further worried that Zambia has not paid attention to Article 79 in the current Constitution which seems to make it impossible to get rid of the current Constitution adding that there is no such provision anywhere else in the world.
I stopped listening to this man. He does not see anything wrong with HH’s missile for reasons best known to himself. Over the same things he criticized ECL that are happening under HH’s misrule, he is conspicuously quiet. Now it is like he does not want Zambians to demand for a better constitution or an expanded bill of rights because he thinks the political atmosphere is not good enough.
I meant to write “HH’s misrule”.
Edgar Lungu and his supporters inserted a lot of things in the Constitution that were never asked for by petitioners. The same Article 79 Prof Ndulo has mentioned is one of those things. And when he mentions the existing environment being unconducive to dialogue over the development of a new Constitution, he’s absolutely right. We have the loony Christians who think God watches over Zambia in their hallucinations. This has blinded them to the risks to long-term peace that are slowly emerging in the country.
Edgar Lungu never inserted anything new in the draft constitution.. Article 79 on Alteration of the Constitution has been there in Zamba’s Constitution…. Article 79(3) requires a referendum if you want to amend the Bill of Rights… It is meant to prevent Despots from arbitrarily messing around with people’s rights.What’s wrong with that?
The only things which were removed from the draft constitution were proportional representation, Expanded Bill of Rights ( which Hakainde rejected in the 2016 Referendum) and Provincial Assemblies.
The other articles are as per the Petitioners submissions, and were retained in the constitution. One good thing about the new constitution is that we no longer have Parliamentary bye Elections caused by selfish MPs who had the habit of defecting to the Ruling Party causing a drain on Our resources.
As to the current status, Hakainde wanted to stealthily amend the constitution without an agreed consensus driven road map… using surrogates like Chabingas to identify non contentious clauses! And through his Well known Mingalatos to manipulate Parliament. Zambians saw through the schemes, and the Oasis Forum came on Board…He is now hiding in the drought , pretending the drought effects are his priority, when in actual fact the man has just been caught….down.
We however remain alert , and any schemes to amend the constitution without a consensus driven road map will be met head on by the people of Zambia.