TECHNICAL COMMITTEE LEGALLY CONSTITUTED – KAABA
University of Zambia -UNZA- Law Lecturer, O’BRIEN KAABA, says the Technical Committee on Amendments to the Constitution is legally constituted.
Dr. KAABA says President HAKAINDE HICHILEMA appointed the Committee under Articles 92 sub sections, 1,2-f and 2-j of the Constitution.
The clauses empower the president to perform acts necessary for the exercise of executive authority and appoint persons to perform special duties or other constitutional functions.
Dr. KAABA explains that these provisions give the President the legal authority to constitute a body such as the Technical Committee to collect public views and provide advisory recommendations to the Executive on any subject, including constitutional reforms.
He says the Committee has no legislative powers and cannot override the role of the National Assembly or any arm of Government, making its work consistent with constitutional democracy and proper separation of powers.
Dr. KAABA says several stakeholders including former Law Association of Zambia President LINDA KASONDE and governance expert Professor CEPHAS LUMINA have questioned the legality of the Committee’s mandate.
Reacting to these concerns, Dr. KAABA argues that constituting such a body under the Inquiries Act would not offer any superior legal foundation, as commissions under that Act equally only submit recommendations that Government may or may not adopt.
He further says the appointment of a Technical Committee is not unprecedented, citing the Annel Silungwe Committee under the late President Michael Sata, which operated under constitutional executive authority similar to Article 92.
According to a statement issued to ZNBC News, Dr. KAABA has urged the nation to focus beyond legality debates and instead push for a more comprehensive constitution-making process that addresses long-standing issues relating to the structure and distribution of power in the Zambian State.
Dr. KAABA said meaningful reform should ensure broad public consensus and legitimacy to produce a constitution that truly responds to the needs and aspirations of the people.
ZNBC
Just concentrate on your Lecturing baba. No one takes what you say seriously now.
You cowed down on alleged Corruption cases raised against Solicitor General Muchende after ‘ Tribally Inclined ‘ Chiefs intervened.. ascribing to the Doctrine ” No Tonga should
Take a Tonga to Court or Testify Against him or Her”
Could this be the Underlying reasons on your views regarding the Constitutional Amendment Committee?
There are more issues surrounding this committee, from the Terms of Reference, to the Time Line and the composition,and of course you can’t talk about that.You know the Reasons!
The Technical Amendment committee and process , similarly poorly publicised as the ECZ Voter Registration exercise is expected to get views from Zambians in 10 Days starting from today. I can only imagine what is happening at the Centers where they are today..I doubt if they are even there.
Obviously some sponsored ‘ Plants ‘ staying in Lodges will make fake submissions , and a lot of WRITTEN SUBMISSIONS from anonymous sources…the Koswe and Zambia Watchdog type .
Dr Kaaba, this Constitutional Amendment Technical Committee is a Sham in it’s entirety..Just useless Imingalato.
But any article or comments to the contrary are welcome?
Wow…what a biased way of looking at things. Views that set the record straight are not welcome? Only your prefered views?