President Edgar Lungu’s government is its own worst enemy. The reason why they seem to be getting caught in their own web of lies is that they really are trying to deceive the Zambian people. When the Justice Minister announced that he had caused to be gazetted a new Bill 10 document, we straight away hunted for this document. When we found it, we asked ourselves; what the mukula is this government smoking, or eating, or perhaps breathing?
We are deliberately calling this document – the Lubinda kelenka document because we cannot find the appropriate term for it. What should we call it? We cannot call it a “new” Bill 10 because there is only one Bill 10 in Parliament. We cannot call it Bill 10 for the same reasons too. Further, we cannot call it a document with “proposed parliamentary amendments,” because it is not a parliamentary document.
The Lubinda Kelenka document is created in a way that it purports to cross out some words from Bill 10. It is a replica of Bill 10 except for the words it claims to cross-out. There is no explanation as to what the crossing out of the phrase means. The document itself does not explain what the crossing out of words or phrases, or entire paragraphs mean. The crossing out of stuff then leaves to speculation. What does it all mean? At this stage of Bill 10 – the only logical thing that can be done to Bill 10 in Parliament is to withdraw it since most Zambians do not want it or to let the Bill be defeated in Parliament before second reading. The latest kelenka maneuver being done by Mr Lubinda is deceptive and disingenuous, to say the least.
The Lubinda kelenka document purports to cross-out section 5 of Bill 10. Again, we need to be clear. This kelenka document cannot cross out any part of Bill 10 as Bill 10 is in Parliament. It is on the parliamentary floor. A Bill that is before the floor of the house cannot be said to be changed by a document you gazette unless you make it clear to the Speak of the House that you are withdrawing the Bill from parliamentary consideration. For those who may wish to know – section 5 of Bill 10 talks about adding “Christian morality and ethics” to Article 8 of Constitution 2016.
Lubinda’s kelenka document appears to have been put together in a huge rush. It is full of spelling and syntax mistakes. Of course, spelling is really not a big deal if all you are doing is writing an article for a newspaper. But if you are claiming to draft a Bill, it matters what is written. The kelenka document did a cut and paste in section 22 of Bill 10 by cutting the words “dissolve” and pasting “prorogued” in its place, creating dangerous syntax and spelling problems. Which, of course, matters because it shows just how quickly Given Lubinda and his kelenka boss wanted this document gazetted.
The Lubinda kelenka document continues with Bill 10’s unseriousness. A national constitution must be drafted rigorously – and not in a playboy style. Section 22 purports to introduce the concept of prorogation, which leads to fresh elections. This is a massive misunderstanding of what the prorogation of Parliament means. They are mistaking the “prorogation” of Parliament with the “dissolution” of Parliament. They are creating a massive problem by doing so. In section 22, they go in detail explaining prorogation, which is contradicted by section 22(10). Again, this brings us to one thing – the Patriotic Front government is really not serious about what they are doing with the Constitution.
Lubinda’s kelenka document is just what it is – a kelenka document. They have published it to hoodwink Zambians into thinking that they have removed harmful sections from Bill 10. Using this kelenka document as “removal” of harmful provisions of Bill 10 is disingenuous and deceptive. It is blatant deception. When MPs debate Bill 10, they will be debating Bill 10 with all of its harmful proposals. Given Lubinda has not replaced Bill 10 and neither has he removed anything from Bill 10. His document has no legal effect and is completely meaningless.
So what is the problem with Bill 10? First, Bill 10 will change the constitutional structure of our Republic. It will make the PF government have the sole role of determining how MPs get elected next year. Bill 10 will give power to a PF dominated Parliament to set the rules for which constituencies will be accepted for next year’s elections. It will provide the PF with sole authority to determine how other MPs will come into the house. These rules will not be part of the Constitution of Zambia. Still, they will be relegated to the status of ordinary statutes. Bill 10 will reintroduce deputy ministers. Bill 10 will outlaw other religions in Zambia. Bill 10 will ban traditional Zambian practices such as traditional ceremonies because it will enshrine “Christian morality and ethics” to be the only ethics valid in Zambia. It will contradict traditional Zambian customs and outlaw them. Bill 10 will give the President more powers over the creation of provinces. Bill 10 will empower President Lungu and cabinet to borrow kaloba without parliamentary approval. Bill 10 will destroy judicial independence. Bill 10 will not make it easier for women, youths and the disabled to participate in politics. In fact, there is no single provision in Bill 10 that mentions that the Bill will empower women, youths and the disabled.
Given all these and many other reasons – Bill 10 has been rejected by the people of Zambia. Sensing this rejection, the PF has arrogantly continued to push the Bill and has gone out of its way to corrupt and manipulate people to support Bill 10. We understand that the PF is even offering big prizes to opposition MPs so that they vote for Bill 10. The question continues to be asked – if Bill 10 is good, why is the PF using corruption to spread its influence.
Last week, the Roman Catholic Church bishops issued a pastoral letter kindly asking that President Lungu’s government considers withdrawing Bill 10 from Parliament. National unity requires that a contentious issue such as amendment of a national constitution be done via consensus. Of course, to rebut the Catholic position, the PF equally orchestrated an evangelical NGO representing a few Pentecostal churches. This said NGO went on to throw its weight behind Bill 10. To this NGO, all that matters is the Declaration of Zambia as a Christian nation. And it seems this NGO is willing to support Lungu as long as it gives this Pentecostal grouping its “declaration.” I am glad though that a good number of Pentecostals have rejected Bill 10 joining their Catholic counterparts.
There is more to be said about Bill 10, but our hope is that MPs do the right thing and reject it this week, or next week, or whenever it appears in parliament.
The author, Elias Munshya, can be reached at elias@munshyalaw.com./SM