Africa-Press – Zambia. Lusaka—The issue around constitutional amendments has been a hotbed of talk since the Justice Minister made available the proposed constitutional amendments to the public. While the proposed amendments seek to ameliorate anomalies in wastage of resources through by-elections, some stakeholders are opposed to the cause of this progressive idea to amend certain constitutional clauses, the United Party for National Development (UPND) says those opposed to the constitutional amendments should provide a better way to the cause than advancing unsubstantial arguments on this process.
Speaking on ZNBC’s ‘The Plug’ flagship program, UPND Media Director, Mark Simuuwe says this issue should be discussed based on understanding. He says, the Patriotic Front administration sought to remove the multi-religion to replace it with Christian Nation.
He said UPND, then in opposition were opposed to the document on account of Zambia having a multiplicity of religion, noting that it would be discriminatory and an assault to the fundamental rights and freedoms of citizens, particularly the ”freedom of worship”. He pointed out that the Patriotic Front sought to repeal the provision for the establishment of commissions such as the Teaching Service Commission, and the Public Service Commission—as these Commissions provide an oversight role through delegated legislation.
Mr. Simuuwe said that the assertions made by various stakeholders that the UPND promised to make constitutional amendments earlier than now is making the conversation around constitutional amendments even more political than legal, noting that the constitutional mandate of parliamentarians on legislative matters spans from the first day they are sworn in to dissolution of Parliament—hence, there is no abrogation of the Law in making changes to the constitution within this period, and the government is on firm ground and within the confines of the Law in this discourse.
He said that government is not making a new constitution, but simply amending it, stating that the argument that government should dwell within the principles of constitutional making process thrives on the jurisprudence of constitutional making process, and there is no Law that gives timing when amending the constitution provided it is within the constitutional mandate of the legislature, adding that legislative powers under article 62 of the Constitution of the Republic of Zambia are vested on the National Assembly while the Executive generates Bills.
Mr. Simuuwe argued that bringing limiting clauses to the constitution is against fundamental principles of democracy, stating that some elected members may be deemed to perform very well, and it would be illogical to remove them due to time limit of their term office. He also stated that it is imprudent to be having midday elections as previously was the case to go for elections on Mayors and Council workers. He has emphasized that this is a drain on the national coffers to have unjustifiable elections in the mid-term as it takes away continuity.
He has since reaffirmed the support for the constitutional amendments because in the draft, it seeks to define who a child is, and also who an adult is. The draft constitution also seeks to have a compelling inclusion of women and the youth, and persons who are differently abled in the national assembly, as the current clause on the inclusion of women, youth and the differently abled persons is not compelling political parties to include them in the adoption processes.
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