REMARKS BY MR. MAURICE K. NYAMBE, TI-Z EXECUTIVE DIRECTOR, AT THE CIVIL SOCIETY AND MEDIA ENGAGEMENT MEETING ON CONSTITUTIONAL REFORM HELD ON 1ST AUGUST 2024 AT MKANGO HOTEL, LUSAKA
Salutations
- • Board Chairperson Alliance for Community Action;
- • Executive Director Chapter One Foundation;
- • Representatives of Cooperating Partners;
- • Representatives of other CSOs;
- • Members of the Press;
- • Ladies and gentlemen.
I am honored to have the opportunity to give this address on behalf of the CSO Constitutional Reform Coalition, to share what we consider should be the priority areas that the government should consider in the process of constitutional reform. As you might appreciate, the constitutional reform process is a pertinent issue for enhancing good governance, which entails respect for human rights and freedoms, strengthening of the democratic process, and observance of the rule of law, among other things.
Many of you gathered here will know that the UPND administration made a solemn promise to undertake widespread governance reforms, including changes to the constitution to make it more reflective of the aspirations of the Zambian people. Additionally, the Eighth National Development Plan stipulates that “Comprehensive constitutional reforms will be undertaken to enhance good governance and strengthen the protection of human rights which are critical ingredients to the wellbeing of citizens”, and that “subsidiary laws will be aligned to the constitution”. Since assuming office, President Hakainde Hichilema has repeatedly emphasized his commitment to constitutional reforms. We also take note of the recently released statement by the Minister of Justice Hon Princes Kasume on the 30th of July, 2024, confirming that the UPND government remains committed to facilitating an open, transparent and broad-based constitutional roadmap when the time comes.
Based on the above, we the CSO Constitution Reform Coalition wish to highlight seven (7) broad thematic areas which we believe the government must consider as priority in order to facilitate a meaningful constitutional reform process: 2
1. Anti-Corruption Institutions
A key issue affecting the fight against corruption in Zambia is the overarching power of the Director of Public Prosecutions (DPP), which entails that the DPP can override any prosecutorial decision of the Anti-Corruption Commission, and yet the ACC is established as an autonomous specialized institution with the constitutional mandate to fight corruption. We therefore recommend that the prosecutorial powers of the DPP and the ACC should be harmonized. In addition, we are of the view that the DPP and ACC Director General should be selected following an independent, transparent competitive, and meritorious public process. This will enhance accountability and public confidence in this process.
2. Regulation of Political Parties
We recommend that the constitution should provide for the regulation of registration of political parties, public funding of political parties; intra-party democracy; youth, gender, and disability quotas within parties as a requirement for funding of parties; threshold for campaign spending; auditing of political parties; disclosure of party financing; restrictions on what public funds for political parties could be used for; and enforcement mechanisms based on inclusion of youth, gender and people with disabilities.
3. Strengthening of Oversight and Independence of key governance institutions
For other key institutions such as the Office of the Public Protector, Human Rights Commission, Electoral Commission of Zambia, Judicial Service Commission, Judicial Complaints Commission, Financial Intelligence Centre, and Office of the Auditor General, we recommend that the constitution provides for a transparent, independent, and inclusive public and merit-based appointment system for key leadership positions in these institutions. Further, there should be clarity on the removal procedures for these office holders in a manner that does not undermine their institutional autonomy. We also wish to recommend that the financial autonomy of these institutions be enhanced by ensuring that their grants are appropriated directly from the national budget through Parliament.
4. Fundamental Human Rights, including Media Freedoms;
We recommend the inclusion of socio-economic rights, administrative justice rights, and the expansion of remedies available for the violation of human rights. Related to that, we further recommend the expansion of existing civil and political rights such as freedom of expression to include internet freedoms and protection of journalists.
5. Structure and Powers of Executive and Separation of Powers.
We recommend enhancing the accountability of the Executive to Parliament. For instance, the current arrangement where the presidency appoints the head of the 3
Judiciary, and where the head of the Legislature is sworn in by the Presidency brings into question the whole principle of separation of powers among the three wings of government. We recommend that the constitutional review process be used to explore ways in which this arrangement can be more reflective of the principle of separation of powers. In addition, we recommend that cabinet Ministers should be appointed from outside Parliament, as has been recommended by several Constitutional Review Commissions. This is because the current arrangement entails an infiltration of the Legislature by the Executive and undermines the principle of separation of powers in the three wings of government.
6. Inclusive, Transparent, Independent, and Accountable Electoral System.
We recommend that the appointment of ECZ commissioners and the Chief Electoral Officer be based on an independent public, inclusive, and merit-based process. Further, the ECZ should enjoy financial autonomy as proposed earlier for other institutions of governance. We further recommend that the removal process for Commissioners at the ECZ be made more stringent and similar to that for removal of judges. The importance of this is that it will insulate the ECZ against arbitrary interference in their mandate, especially since the President, who appoints and swears in the Commissioners, is also a very interested party in the electoral process. We believe that addressing these key issues related to the ECZ will ensure a more inclusive electoral system that takes into account the collective interests of the people of Zambia.
Further, the election should not be cancelled when a candidate simply resigns or withdraws from the race. MPs who cause a by-election by crossing to another party should be ineligible from standing in the resultant by-election. Furthermore, we recommend that an inclusive electoral system to foster the participation of women, youths, and persons with disabilities based on quotas number of parliamentary seats should be based on the delimitation of constituencies carried out periodically based on equal representation of people.
7. Land.
We recommend reforms around the protection of customary land and its inhabitants from mass land grabs; introduce the concept of sustainability and intergenerational equity in the utilization of land and other natural resources; strong mechanisms against land degradation and environmental pollution; and inclusion of the right to a clean environment in the Bill of Rights. 4
It is our considered view that focusing on the priorities we have highlighted will give the constitutional review process its best prospects for a successful and widely accepted outcome.
As I conclude, I wish to reiterate that the process of constitutional review is an important and sacred one and must therefore be devoid of any narrow political interests. The process should rather harness the collective consensus of the Zambian people and ensure that whatever comes out of it is reflective of the ideals and aspirations of the people.
We therefore challenge the UPND administration to show that they will do things differently by ensuring a legitimate and independent constitutional review process that will respond to the wishes and aspirations of the people of Zambia. As the the CSO coalition on this subject, we stand ready to support the government in this endeavor through our work, such as raising awareness of the reforms once they begin and providing civic education on the form and manner of the said reforms. We urge all stakeholders to work collaboratively towards a reformed and strengthened constitutional framework for Zambia.
Thank you for your attention and may God bless Zambia.
