TECHNICAL COMMITTEE SAYS NO TO REMOVING BY-ELECTIONS
THE Technical Committee on Constitutional Consultations and Drafting Amendments has recommended that by-elections should not be removed, despite strong public pressure to remove or limit them.
In its report, the Committee said many citizens and organisations are unhappy with how often by-elections are held, how much they cost and how they are sometimes influenced by political motives.
However, the Committee said by-elections are still an important part of Zambia’s democracy and must be protected.
According to the report, most citizens who made submissions told the Committee that by-elections place a heavy burden on government finances.
They said the money used for repeated elections could instead be used for important needs such as hospitals, schools, roads and community development.
Others warned that by-elections often bring political tension, violence and intimidation.
They said this creates fear in communities and reduces public trust in the electoral process.
Many submissions also showed that a large number of by-elections are caused by avoidable political actions.
These include politicians crossing the floor, resigning for strategic reasons, being expelled from their parties or acting out of political self-interest.
The Committee noted that such actions waste public resources and because of such concerns, several alternatives were suggested.
Some people proposed that the losing candidate from the previous election should automatically take over the seat.
Others suggested that political parties should be allowed to replace their own members internally.
There were also proposals to hold by-elections only when an MP dies or when an independent candidate leaves office.
Some submissions called for strict punishment of politicians or parties that deliberately cause unnecessary by-elections.
Despite these proposals, the Committee also heard from a group of stakeholders who strongly supported keeping by-elections.
The group argued that by-elections allow citizens to directly choose their leaders and help keep elected officials accountable.
Supporters of the current system warned that removing by-elections would weaken democracy and allow political parties to impose leaders on people without their consent.
“For this group, the principle that “democracy is expensive” was central, and they
contended that the cost of elections is justified by the need to preserve constitutional rights and ensure legitimate leadership,” reads the report.
The Committee also said there must be a balance between the cost of elections and the need to protect citizens’ democratic rights.
It agreed with the view that although elections are expensive, they are necessary in a democratic society.
In its final decision, the Committee recommended that the current constitutional rules on by-elections should remain unchanged.
It said scrapping by-elections would weaken accountability and go against the principles of Zambia’s Constitution.
Under the law, a by-election must be held within 90 days when the seat of a Member of Parliament, mayor or councillor becomes vacant.
However, no by-election is allowed within 180 days before a general election.
Anyone elected through a by-election only serves the remaining part of the term.
Kalemba
This is just Noise to show some relevance of a committee report which is a still Born Entity..A waste of time to even bother about it’s contents.
The Mushabati Technical Committee Report is an ungazetted report and has no official legal standing on the illegitimate and unconstitutional Bill 7 in the formal legislative process.
It’s role is primarily advisory and political with it’s contents being used to inform debate and public opinion.. for informal settings like when drinking Chibuku or Kachasu
In short it’s just noise, and ofcourse empty political noise for propaganda purposes.
An ungazetted report is essentially an informal document in the eyes of the law. A document only becomes legally binding or officially recognized in the legislative process once it is formally gazetted . The Government has however failed to Gazette the Technical Committee Report.. neither has it been presented to Cabinet, or formally to the Ministry of Justice. All we see now is that it has found itself with the Select committee in our National Assembly looking at the Clauses of the Illegitimate and Unconstitutional Bill 7.
This lack of formal gazzetting adds on to the procedural illegalities surrounding the illegitimate and Unconstitutional Bill 7.
Because of its ungazetted nature, it lacks the formal legal authority to influence changes to the illegitimate and unconstitutional Bill 7.
It’s also important to note that the Technical Committee Report cannot absorb or legally validate the procedural illegalities surrounding the illegitimate and unconstitutional Bill 7.
The constitutional Court declared the original process of the Bill’s initiation unconstitutional due to a lack of a broad based public consultation and an INDEPENDENT BODY leading to the process.
The Procedural illegalities once declared by a court , remain in force , and a technical report sneaked into Parliament at committee stage is not a legal fix to the initial unconstitutional process.
The illegitimate and unconstitutional Bill 7 therefore remains so, Illegitimate and Unconstitutional, until the Constitutional Court vacates it’s earlier ruling.
The misadventures in our National Assembly by the Parliamentary Select committee cannot change the status quo.
I humbly submit.
Yes by elections should be maintained, they allow democracy to prevail, more especially if the party that was elected did not serve the public according to the expectations,that party is not fit to just replace their member because it has already shown some failures, hence by elections are cardinal in order for the people to choose a competent representative, the technical committee is right