PRESIDENT HAKAINDE HICHILEMAS DIRECTIVE TO MPS AND COUNCILORS AN ASSALT ON DEMOCRACY.
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President Hichilema, while speaking in Mufulira directed that he had given two months to all MPs and all councilors to ensure that there are no problems in accessing CDF.
I find this directive as a serious assault on democracy. And this is so because:
(1) the president did not elect any MP. Therefore he has no authority on any one of them. As such, it is impossible for him to issue directives to MPs.
(2) all MPs belong to the legislative arm of government where there is another head, not the president but the speaker. Accordingly, issuing directives in this manner amounts to assuming unavailable authority on the part of the president and also undermining the legislative arm of government.
(3) the only MPs who found their way to the National Assembly via presidential nominations do not have CDF.
(4) the president didn’t elect councilors either. These like MPs were elected by people. They are responsible to those who elected them, not to their fellow beneficiary of elections.
OTHER VIEWS ON THE MATTER.
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Following the misconception of CDF as a vehicle for decentralization by the UPND government, directing MPs and councilors to solve problems in the CDF process means placing decentralization on the shoulders of these players. This is inconceivable as decentralization is a function of the executive arm of government.
CDF access is a product of policy creation, authorization, application, review and refinement. All these issues belong to the executive arm of government. At what point should an MP and a councilor come in?
Getting comfortable with directing everybody in all arms of government by one person is an attack on the doctrine of separation of powers.
Implications
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What will the president will do to MPs and councilors if his instructions are not met in 60 days. As I can see, these instructions will not be met because this act is a new policy altogether which may require legal framework adjustments.
And as CDF new guidelines have demonstrated, it may take months to years before this new policy direction is accepted and instituted.
My recommendation.
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Let all three heads of government arms, viz the judiciary, executive and legislature be left to direct business in their respective arms independently. This will ensure that no arm produces work inspired by another arm.
Happy Sunday.
Hon Mutotwe KAFWAYA, MP
Restoring EVERYTHING PATRIOTIC.