Transparency International Zambia (TI-Z), the Zambia Council for Social Development (ZCSD), and
Operation Young Vote (OYV) welcome you to this joint media briefing where we give our position
on the topical issue of Constitutional Amendment Bill no. 10 of 2019. Our special gratitude goes
to different organisations present here and indeed the media for covering this event. Your
patriotism is highly recognized by all of us and we would like to encourage you to continue with
the same spirit.
As a preamble, we want to state that it our considered view as TI-Z and collectively as CSOs
represented here that any well-meaning Zambian that has the country at heart should take keen
interest in our country’s governance practices and also play an active role in providing checks and
balances to those in leadership at different levels of our society. We firmly believe that one of
the main pillars of any democratic nation is freedom of expression, which should be promoted
and protected for all citizens. Freedom of expression is not a favour granted to us by the
government, it is an inherent component of our democracy. In recent times, we have noted with
deep concern, the disposition of some leaders in government and the ruling party who have
become allergic to divergent views and criticism. When Zambia returned to multi-party
democracy in 1991, we invariably also accepted that the people were free to hold divergent
opinions and positions on national matters. We are worried with the culture of intolerance where
those who do not support the Patriotic Front (PF) and its positions, are threatened with violence,
while others are arrested on tramped up charges. It has become a permanent feature of our
democracy to hear a Minister or indeed the Inspector General of Police, warning people whose
only crime is a desire to express their opinions on matters of national importance, such as
corruption and governance. We would like to underscore the point that Zambia as a country
does not belong to any one political entity. It belongs to every citizen and as citizens, we have
the right to be heard when we notice that those we have entrusted with power through the
ballot, are seemingly not serving our interests, but rather their narrow political and other
interests.
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Ladies and gentlemen, allow me now to address the substantive issue of Bill 10 – The tragedy
with the long-drawn constitution making process in this country, is that the process lies in the
hands of the political elite who have the misguided belief that it is in their mandate to give onto
the people a constitution. The failure of past efforts at constitution making can be attributed to
the desire by those in the ruling party to determine the pace of reforms and the contents of the
supreme law of the land. The PF Government are essentially committing the same mistake that
we have seen past governments commit, and the end result is predictable – Zambia will yet again
not get a constitution which is a reflection of the people, a constitution which is a living
embodiment of the aspirations of the Zambian people. What we are witnessing in the current Bill
10 debate is a desire by the PF Government, to come up with a document that is politically
compliant with their agenda and a document fundamentally altered in ways that promote
partisan interests.
As TI-Z, we joined other CSOs in engaging with the Parliamentary Select Committee and we made
our position known on a number of provisions. We have taken time to carefully study what was
recently published in the Government Gazette – the Constitution of Zambia (Amendment) Bill
2019 with proposed parliamentary amendments. It is our conclusion that the whole process
remains unsatisfactory, while the numerous concerns that we and other CSOs raised in our
submission to the Parliamentary Select Committee, remain unattended to. As CSOs represented
here, our position on this matter, therefore, has not changed. Bill 10 falls short of promoting
good governance and accountability. As a matter of fact, in some instances, the Bill reduces the
oversight functions of parliament.
Allow me to cite a few examples:
- We are worried when we read the proposed changes in Article 81 where dissolution of
parliament before the general elections is done away with. This does not promote fairness
in elections and it is an attempt to allow Ministers and MPs to continue in office, drawing
emoluments even during the electoral campaign period. Please also note that this
particular provision goes against the recommendation of the Parliamentary Select
Committee, which proposed the dissolution of Parliament 60 days before the general
elections. - We do not agree with Article 113 that still includes the Chief Whip as an ex-officio of
Cabinet despite the Parliamentary Select Committee’s recommendations not to do so. - Bill 10 still proposes that the President may create or divide a province without being
subject to the approval of the National Assembly. - We are concerned with the insistence to repeal Article 68 which provides for the elections
and composition of the National Assembly. Rather, Bill 10 relegates this important aspect
to subsidiary legislation rather than it being in the supreme law of the land.
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These are just a few of the examples which fortify our position that Bill 10 does not address the
fundamental weaknesses of the 2016 Constitution and we question the apparent pass-it-at-allcosts approach that the Executive appears to have adopted over this Bill.
For the avoidance of doubt, we reiterate our call for Bill 10 to be withdrawn in its entirety in
order to make room for a more consultative process and not the rushed document that has been
circulated to the public. Zambia needs a constitution that will command the trust, respect and
obedience of all Zambians and not a legacy document of the PF.
Ladies and gentlemen, we take this occasion to equally raise our concerns at the manner in which
Bill 10 is being discussed especially by Cabinet Ministers, who as political leaders, should seek to
unify the people of Zambia in order to achieve success at constitution making. The growing
intolerance for divergent views is unacceptable and we are exceedingly worried that our
Ministers are even willing to show uncharacteristic disrespect to church leaders, as we witnessed
a few days ago by a group calling themselves the Association of Catholic MPs, all in the name of
Bill 10. The mere fact that Bill 10 is bringing about so much division in the country, is a strong
indication as to why it should be taken back to the drawing board. A Constitution forged from
adversity is surely not going to stand the test of time.
In conclusion, it is our considered view as CSOs that our country is at a cross roads and our leaders
are not paying attention to the many challenges that the majority of people are facing especially
now that we have a huge challenge of the Corona virus pandemic. Instead of addressing the
pandemic and its consequences, our leaders have focused their energies on calling for the arrests
of youth activists who have a right not to be happy with what is transpiring in the country and to
express that unhappiness within the realms of their constitutionally-guaranteed freedom of
expression. Our leaders are focusing on Bill 10 when, small and medium entrepreneurs are
suffering because of the COVID-19 pandemic. We the citizens of Zambian need explanations on
the debt status, comprehensive updates on the management of COVID-19 donations, status of
the Access to information Bill, Forest 27, mukula tree saga, among others. As CSOs represented
here, we submit that the focus on Bill 10 is ill-timed as there is no good justification to enact it
now. What Zambia needs right now is for its leadership to focus on the pertinent governance
issues that will put Zambia back on the right trajectory rather than pushing for the adoption of a
piece of legislation that has done nothing but divide people across the length and breadth of the
country.
Thank you for your attention, and may God bless our beloved Zambia.
Maurice K. Nyambe Leah Mitaba Guess Nyirenda
TI-Z Executive Director ZCSD Executive Director OYV Executive Director
