POLITICAL SCIENCE - Constitution Amendments Zambia

 MAJOR CONSTITUTION AMENDMENTS IN ZAMBIA SINCE 1964 - IN BRIEF


QUESTION

Zambia has been undergoing constitutional reforms since independence. The current constitutional reforms involve the contentious BILL 10. Trace the origins of BILL 10, in so doing, discuss the advantages and disadvantages of this BILL.


ABSTRACT

BILL 10 is the sixth major post-independence constitutional change that could be made in Zambia. Proposals in the bill include bringing back the office of Deputy Minister and enabling government to contract debt independent of National Assembly. The main advantage of the bill is that it is a chance to address any weakness from previous constitution-amendment processes. However, some see the bill as promoting the interests of the current government, such as weakening the Presidential two-term limit clause. Overall, Bill 10 seems - so far - unable to attain universality of acceptance, just like the constitution reviews of the past.

 

INTRODUCTION

The Republic of Zambia has since 2019 been discussing the Constitution of Zambia Amendment Bill, 2019, known simply as Bill 10. The essay traces the roots of Bill 10 and also examine its advantages and disadvantages.

 

DEFINITIONS

A constitution is a collection of rules which aim at regulating the allocation of responsibilities, powers and functions among the various units and proxies of the government and explain the ties between these and the people at large.

An amendment is an addition, a deduction or other form of change made to an established  rule, law or agreement.

TRACING THE ORIGINS OF BILL 10

The road to Bill 10 appears to stretch all the way from the time of Zambia's independence. One effort to reform the constitution eventually led to another because of a weakness or weaknesses in it. This is what the next few passages attempt to show.


THE INDEPENDENCE CONSTITUTION

A glaring weakness of the Independence constitution, enacted in 1965, was that it stated that Kenneth Kaunda shall be the Republican President.  

 

THE CHONA CONSTITUTIONAL REVIEW COMMISSION

The Mainza Chona Constitution Review Commission was set up by then President Kenneth Kaunda in 1972. The terms of reference were to establish a one-party participatory democracy, seen by some as a stifling of real democracy.

 

THE MVUNGA CONSTITUTION REVIEW COMMISSION

The Mvunga constitution review commission, formed in 1990, included only the basic clauses required to conduct free and fair elections in 1991. In this way, the Mvunga Commission, like the others before, remained a work-in-progress.  

 

THE MWANAKATWE CONSTITUTION REVIEW COMMISSION

The Mwanakatwe Constitution Review Commission – 1996 - was about promoting the holding of free and fair elections, impartiality of the judiciary and the contentious Presidential parentage clause (candidate shall have both parents born in Zambia), seen as a targeting of Kenneth Kaunda by Frederick Chiluba.  

 

THE MUNGOMBA CONSTITUTION REVIEW COMMISSION

It was set up in 2003 by Levy Mwanawasa in the hope of addressing past inadequacies. One of its challenges was how the constitution was to be adopted. Another was that Mwanawasa was seen as a minority leader who had won elections with only 28.8% of valid votes cast.

 

THE CONSTITUTION AMENDMENT ACT NO. 2 OF 2016

One major change in this constitution was absence of the position of Deputy Minister. The Act introduced ambiguity regarding the Presidential two-term limit.

THE CONSTITUTION OF ZAMBIA (AMENDMENT) BILL, 2019 - BILL 10 This is the current proposed constitutional amendment.

 

Main advantages of Bill 10

                           i.            The period of 30 days (from 14 days) in which to hear a presidential petition gives ample time for the Constitutional Court to fully deliberate (Article 101-104).

                         ii.         Bill 10 proposes reviewing the composition of Cabinet. It could be a chance to legislate to make Cabinet more regionally-representative.

                       iii.            Bill 10 proposes inclusion of members of parliament into councils. This could make for better coordination of development programmes.

 

Main disadvantages of Bill 10

                           i.            The Bill could lengthen the rule of the current Patriotic Front (PF) government

                       ii.            Article 107 could create a life President as it proposes to bar National Assembly from inquiring into the well-being of the President.

                     iii.  Re-introducing the office of Deputy Minister would not be a cost-effective way to run government (Article 17).

             iv.   The National Assembly could lose powers of oversight on contracting debt (Article 114).

             v.  There is no guidance as to how a coalition government could be formed (Articles 101 - 104).

          vi.  The period of 7 days within which to submit a petition to the Constitutional Court is too short (Article 101 - 104).

CONCLUSION

The Constitution of Zambia (amendment) Bill, 2019 (Bill 10) could be a chance to strengthen the Zambian constitution. The problem, however, is that it appears to contain elements seen as promoting partisan rather than national interests.


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