THE parliamentary select committee appointed by Speaker Patrick Matibini to scrutinise the NDF-birthed Constitution (Amendment) Bill No. 10 of 2019 has rejected nearly all major proposed changes to the Republican Constitution.
The committee opposed the proposals for coalition government, rejected reintroduction of deputy ministers, and described the removal of important functions of Bank of Zambia as unwarranted.
The committee therefore recommended retention of current functions of the Central Bank in the Constitution.
The committee made consultations with over 50 individuals and organisations to come up with its position on the Bill that was reinstate in the House on Tuesday.
The UPND walked out of the House and promised never to support Bill No. 10, describing it as “disposable”.
But acting justice minister Stephen Kampyongo stressed that: “We have been on this route before; the current Constitution we have had people opting not to participate but it’s here, so, our plea is that we don’t miss this opportunity. We appeal to the people’s representatives to come on board. This bill is not for the Patriotic Front – it’s for the people of Zambia. So, we all need to cast out emotions….”
So far the government has not tabled a revised Bill apart from recommendations prepared by the select committee that was chaired by nominated member of parliament Raphael Nakacinda.
According to his memorandum of June 21, 2019, Attorney General Likando Kalaluka said the object of the Bill was to amend the Constitution of Zambia so as to (a) revise the preamble to reaffirm the Christian character of Zambia; (b) revise the principles and values of the Constitution;
(c) revise the electoral system for elections to the National Assembly; (d) revise the period for dissolution of the National Assembly; (e) revise the period of hearing and determination of a presidential election petition; and (f) revise the manner of election of mayor and council chairperson.
Kalaluka stated that the bill sought to establish the office of deputy minister; revise the composition of the Cabinet; revise the provisions relating to the establishment of commissions; revise the provisions relating to the payment of pension benefits and retention on the payroll; provide for the membership of Members of Parliament in councils; and establish the Drug Enforcement Commission as the Anti- Drugs, Economic and Financial Crimes Agency and redefine its function as a national security service.
Others aspects include revising the functions of the Public Protector; revise the functions of the Bank of Zambia; revise the functions of the Auditor-General; “and provide for matters connected with, or incidental to, the foregoing.”
To this effect, the Nakacinda-led committee recommended replacing “multi-religious” in the preamble with the word “Christian” and reaffirmed the declaration of Zambia as a Christian nation.
However, the committee disagreed with Christian morality and ethics being included as a national value and principle.
It recommended that a mixed-member system be adopted for elections to the National Assembly, but that the system should be clearly defined in the Constitution.
On Article 63, the committee expressed concern with regard to the amendment which removes the National Assembly’s function of approving public debt before it is contracted and approving international agreements and treaties before they are acceded to or ratified by the Executive.
“The Committee agrees with stakeholders that this amendment should be rejected as it weakens the oversight role of the National Assembly over the Executive, which is the cornerstone of a democratic dispensation,” it stated. “The Committee, therefore, recommends that the current provisions of Article 63 (2) (d) and (e) of the Constitution be maintained. The Committee further recommends that Article 63(2) be further amended to mandate the National Assembly to also approve the Executive’s withdrawal from international agreements and treaties.”
On Article 68, the Committee is of the view that the composition of the National Assembly, including the number of Members of Parliament, is fundamental and should not be relegated to an Act of Parliament where it could easily be revised.
On Term and prorogation of Parliament, it recommends that Article 81 be amended to provide for the National Assembly to be dissolved at least sixty (60) days before the next general election and for Members of Parliament to be remunerated for the full five-year term.
The committee opposed proposed amendment to Article 101, to provides for two presidential candidates to form a coalition government in the event that none of the presidential candidates attained more than fifty per cent of the votes in an election.
The Committee agrees with the stakeholders and recommends that the current system of electing a President through direct elections by citizens and requiring the winner to obtain more than fifty per cent of the votes be maintained.
On Article 113: Cabinet, it recommends an amendment to include Provincial Ministers in Cabinet.
However, on functions of Cabinet, the Committee recommends that the acceding to and ratification of international treaties and agreements, and the approval of debt contraction by Cabinet should continue to be done subject to the approval of the National Assembly.
It further recommends that Ministers should vacate office upon dissolution of the National Assembly. The committee also recommends that the position of Deputy Minister should not be reintroduced.
But it recommended that Members of Parliament be reinstated on the councils as substantive members of the councils.
It also supports the amendment for mayors and council chairpersons to be elected by their fellow councilors – moving away from direct elections by the people in respective districts as enshrined in the 2016 amended Constitution.
On article 186: Participation in politics, the committee recommends that a public officer who seeks election to political office should resign, at least, six months prior to the election.
On repeal and replacement of Article 189: Payment of Pension Benefits, it recommends that an employer should continue to retain an employee on the payroll until his or her pension benefits are paid in full.
The Committee also recommends that the term “pension benefit” should be defined to exclude a gratuity and compensation.
On Amendment of article 193: Establishment of National Security Services and Functions, the committee recommends that the Drug Enforcement Commission (DEC) be renamed as the Anti-Drugs, Economic and Financial Crimes Agency. However, it said DEC should not be reclassified as a state security agency, but should be retained in the Constitution as an investigative agency.
On Article 213: Bank of Zambia, the committee observed that the removal from the Constitution of important functions of the Bank of Zambia, such as the printing of the currency of the Republic, is unwarranted.
It recommends that the functions of the Bank of Zambia specified in the current Constitution be retained in the Constitution.