Zambia's 'ill-conceived' constitution rejected?

ARTHUR SIMUCHOBA
Correspondent | Friday April 8, 2011 00:00

As a results Zambia's 2011 tripartite elections will be held under the current constitution and not as was widely expected under the new one, which was ready, and only awaited enactment. But enactment failed and in the preliminary stages for that matter.

It was tabled in the National Assembly on March 29. But the same day at second reading stage, the government failed to muster the mandatory two-thirds majority required at every voting stage in constitutional amendments.

Debate ended abruptly and unceremoniously after support for the bill fell short by 10 of the 106 two-thirds threshold required.  Subsequently, that session was adjourned and now parliament itself has adjourned to the June session, which should be the last before parliament is dissolved to pave way for the elections.

The failure of the bill was courtesy of the opposition United Party for National Development (UPND) which had all along supported the new constitution and even participated in drawing it up but whose MPs abstained at the last minute.

That killed the bill as currently no single party commands two-thirds majority in the House. Under the rules, the bill can only be re-tabled after six months and in this case that means well after the scheduled general election.

It was a major setback for the government and for many citizens who had looked forward to the elections under a new enhanced constitution. But government immediately indicated that this was only a 'temporary setback' as it remained committed to constitutional reform.  In his reaction, President Rupiah Banda was emphatic that this was merely a temporary setback and government would still proceed with constitutional reform though that is now conditional on the ruling party being retained after the election.

The message was the same from the leader of government business in the House, Vice-President George Kunda who specifically declared that the bill would be re-tabled once the Movement for Multiparty Democracy (MMD) returned to office.

He said the MMD government was determined to take the bill back to Parliament for enactment. 'Unfortunately, the bill can only be brought back for re-enactment after six months as per parliamentary practice and procedure,' he said.

The UPND held the key to the enactment. It was expected to vote with the ruling party. But that did not happen, as the party had wanted the new constitution to contain the famous 50+1 clause under which the president would be elected only if he secured more than 50 percent of the votes cast in the presidential election.

But there had been no agreement on that even at the drawing-up stage and the matter had been referred to the referendum.  The UPND was, however, intent on that and even at the drawing up stage had insisted on it. It remained insistent even as the bill came up for debate and the MMD would also not budge.

'... As far as we were concerned, this matter was going to the referendum but UPND wanted us to concede to it even when voting was going on in the House. This is a betrayal of the Zambian people. UPND were part of the process and it is very unfortunate for them to have taken this position,' Vice-President Kunda explained.

But that disagreement could only be fatal for the bill because no other opposition party would support it. For, except for the 18 'rebel' MPs, the main opposition Patriotic (PF) - which believed the document was ill-conceived and basically flawed - was from the outset opposed to the new constitution and its loyal MPs led by the party vice-president Dr Guy Scott promptly voted against it in the first round and walked out of the chamber when the second round was called. With the UPND abstaining and the PF nowhere in the picture, the ruling party could muster only 96 votes-short of the required 106 and the bill was defeated. Chief government spokesman, Information minister Ronnie Shikapwasha was furious. That same evening he castigated the opposition, saying they had betrayed the people of Zambia and sought to rally public opinion against both opposition parties. 'We will go to the elections and tell the Zambian people what we want to achieve for them in that bill.

We have no choice but to move on. It is not even a matter of choice, this is what the people of Zambia want,' said Vice-President Kunda.  'The PF and UPND should be mortified for disappointing Zambians over the urgent need to enact a new Constitution. The citizens will punish the PF and UPND MPs severely for disappointing them by not supporting the Constitution of Zambia Bill,' MMD spokesperson Dora Siliya added.

She said the government taken a draft constitution to Parliament, which had no controversial articles but the opposition still turned it down.

'What kind of leaders are these who cannot even realise that government spent a lot of resources trying to come up with a Constitution that can stand the test of time? Zambians should not vote for these leaders because they are a disappointment to the nation. (The opposition) should stop confusing themselves that they will win the 2011 elections. The MMD is still strong and ready to take on all the parties in the forthcoming elections,' she said.

Clearly the opposition and especially the UPND has a fight on its hands over the matter and Siliya's assertions may turn out not to be idle boast for the simple majority in the presidential election required under the current constitution favours the ruling party.

'The current Constitution proceeds on the basis of simple majority. We have used this Constitution for many years and it has kept us in peace. However, reforms are also necessary because the MMD wants Zambia to move forward,' Kunda said.

'We are looking forward to the future, to have a new Constitution but unfortunately the composition of Parliament is such that there are other people who don't want reforms, who don't even want the declaration that Zambia is a Christian nation. So, we are going to tell Zambians what we stand for and who these people are. We are confident of convincing the people to give us a new mandate,' Kunda said.  Well, that remains to be seen.  (Sila Press Agency)