WE’LL AMEND SOME CLAUSES IN BILL 7 TO ADDRESS CONCERNS – GOVT
MINISTER of Justice Princess Kasune has submitted that government has taken note of stakeholders’ concerns on some clauses of Bill 7, including those on by-elections, and that amendments will be made at an appropriate time.
Meanwhile, Ministry of Justice Permanent Secretary Mwenya Bwalya says there is no obligation to make the ECZ delimitation report public.
Appearing before the Select Committee on Bill 7, chaired by Imanga Wamunyima, Friday evening, Kasune said government took note of the valuable contributions made by various stakeholders on the proposed amendment to keep by-elections, and necessary amendments would be taken at an appropriate time.
“My committee, my ministry, I should say, has taken note of the committee’s observations and stakeholder submissions on the National Assembly Bill Number 7 which we are all looking at. We would therefore like to address some of the issues that have been raised during your sittings as a committee. One, the proposed provision on by-elections will result in a political party imposing an individual on electorates and therefore undermining the people’s democratic right to choose their elected representative. Chair, I have to say that we, as a ministry on behalf of the Zambian government, the Executive, have taken note of the valuable contribution that has been made by the various stakeholders on the proposed amendment to keeping the by-elections. Because of this, we are saying we will be making necessary amendments in due course at the appropriate time. I should make sure I say that,” she said.
“Secondly, the issue concerning which has been raised around the dissolution of Parliament a day before the general elections, citing that members of Parliament will not have a level playing field with candidates who intend to contest for the seats, as well as others citing a failure of receiving nomination for those who are still holding seats in the National Assembly. This also, Chair and the committee, we have noted the concern that has been raised, and we are also saying this also, Chair, shall be revisited and we will revise the provision accordingly”.
Kasune added that concerns about the ambiguity of the words ‘Proportional Representation Ballot Paper’ in clause 3 of the amendment to article 47 would be addressed to make it simple to understand.
“The third issue, Chair, that I would want to also add is whether the words of ‘Proportional Representation Ballot Paper’ in clause 3 of the amendment to article 47 is ambiguous. This has been another concern, and I want to say to the committee the aim of the legislation is to make the law simple to understand. The proposed provisions speak to the process being prescribed, which will entail a separate ballot for proportional representation or a ballot that the Electoral Commission of Zambia would choose to use for the proportional representation. Notwithstanding that, again to the Committee, we have noted the concern, and we will be making necessary amendments at an appropriate time,” she said.
“Chair, it remains here now for me to say once again we remain indebted to this able parliamentary select committee and trust that the valuable submissions received by the committee will enrich the provision of the Constitution for the benefit of the people of Zambia. Based on the foregoing, therefore, I urge this committee to fully support the constitutional amendment of Bill No. 7 of 2025 so as to ensure that we have an electoral system that is inclusive and diverse and indeed that development reaches all parts of Zambia equally”.
Furthermore, the Justice Minister said government was of the view that the proposal to include MPs in councils had been misunderstood, adding that the question on conflict of interest could be refuted by the fact that councils are administratively led by council secretaries and not councillors.
“Another issue, Chair and the committee, a proposition to amend clause 16 of the Bill which proposes to amend Article 153 to include members of Parliament in the council is seen as against the spirit of separation of power and the principle of conflict of interest due to members of Parliament sitting on the Parliamentary Accounts Committee, for example, and indeed others. Here also is our response: this amendment, Chair and the committee, has been misunderstood. A member of Parliament is held responsible when development, and in particular the hallmark programme of the UPND under the new dawn government through the able leadership of President Hakainde Hichilema, which we know is CDF is not executed. The member of Parliament is the one held responsible,” argued Kasune
“This is because the member of Parliament provides oversight on how the projects are implemented. The question on conflict of interest can be refuted by the fact that the council is administratively led by the council secretaries, our CSs, as we most of us know from our constituencies, and not the councillors. Further, councillors merely provide policy direction in the council as elected representatives, whereas technocrats implement the decision. So with that, Chair and indeed the committee, we feel that that will not apply as it relates to conflict of interest. The other point on the same issue, the question that the provisions are against the spirit of separation of power, is refuted by the fact that the member of Parliament sitting in the council will not affect the decision of the Executive as a member of Parliament has a distinctive role in the National Assembly as prescribed by the Constitution”.
And Bwalya responded to a point of clarification by member Jonathan Daka on when the ECZ delimitation report would be made public, saying there was no obligation to make the report public.
“The concern has been noted with respect to the delimitation report as was indicated by the ECZ. The report was submitted to the Executive, and that was the basis of the numbers that we came up with. When you look at Article 58 it does not say a report shall be published in the gazette, it says the names and details of the boundaries are what will be published, and they will take effect after the next dissolution of Parliament. So there is no obligation that provides for a report [to be made public]. Once the amendments do go through, if this Honourable House is agreeing on the proposed number or any additional number, the requisite details will be published, which will definitely take effect after the dissolution of Parliament,” responded Bwalya.
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