NCC NEWS APRIL - JUNE, 2008 KNOW MORE ABOUT YOUR CONSTITUTION VOLUME 1, ISSUE 2 SPECIAL EDITION ON EXPERT Inside this issue: ADVISE TO THE NCC NCC members urged not 2 to produce a bad Consti- NCC CHAIRMAN’S REMARKS tution Dear Readers, Experts acquainted members Ensure clarity in your sub- 3 missions on various aspects of the Con- stitution so that they can be The National Constitutional able to make meaningful con- Conference has just begun Banda allays fears that 5 tributions. Constitution will be ma- its work of debating, adopt- nipulated ing and making recommen- dations to the Mung'omba After getting insights on vari- Draft Constitution. Address challenges in the 6 ous aspects of the Constitution arms of government from experts, it was important The NCC has a mammoth that members begin making task of producing a Consti- their recommendations on the tution that will incorporate Mung’omba Draft Constitu- NCC approves Committee 7 tion. composition people’s views. At every stage of the proc- Thus the first three Commit- Reflect people’s will in 8 tees, namely, the Citizenship, Constitution ess, the NCC will need NCC Chairman, Hon Chifumu K. every one’s support, includ- Judicial and Public Service Banda, ing that of our sisters and have already completed their brothers who have decided work and are waiting to pre- Give Parley more powers 10 not to be part of this proc- sent their reports to the ple- in budget process ess. nary for ratification and adop- tion. These Committees met As I have always stated at dif- from May 9 to June 15, 2008. ferent for a, I want to assure Cognizant of the fact that our readers that the NCC will the work of the NCC is SPECIAL POINT OF Suffice to mention that these endeavour to finish its work at quite technical, the Confer- least within the stipulated time. INTEREST: ence engaged experts dur- Committees worked within the ing its third sitting to orient time frame of 20 days that they were given. members on various aspects Finally, I want to urge all the The NCC third of the Constitution. NCC members to ensure that sittings begun on Once all the Committees have they read all the documents that completed their work of look- they had been given to them so It was imperative for NCC that they can be able make Tuesday April 22 ing at their terms of reference, members to acquaint them- the final report will be pub- meaningful contributions in and ended on Fri- selves with various aspects lished for sixty days to solicit their respective Committees. day May 9, 2008 of the Constitution before for comments from members embarking on making rec- of the public. ommendations on the Mung’omba Draft. 1 NCC NEWS APRIL - JUNE, 2008 KNOW MORE ABOUT YOUR CONSTITUTION VOLUME 1, ISSUE 2 SPECIAL POINTS ‘DON’T PRODUCE A BAD OF INTEREST: CONSTITUTION,’ JHALA During the third CAUTIONS NCC MEMBERS sitting of the NCC, By Beene Mujala Moombe members were ori- ented on various National Constitution Confer- In addition, Jhala explained that aspects of the Con- ence members have been cau- a Constitution assists in predeter- stitution. tioned against producing a bad mining the rules under which the Constitution. three organs should perform, the checks and balances or limita- tions in relation to the organs Lusaka based renowned law- themselves and the individual, the Several experts yer and lecturer at the Zambia state and the public at large. were hired to ori- Institute of Advanced Legal Education (ZIALE) Eva Jhala ‘The Constitution should have a ent Conference said this when she addressed general framework for determin- members on some members of the NCC on April ing policies on a wide range of 25, 2008. critical issues such as land and of the critical is- other natural resources, foreign MrsMrs Eva Eva Jhala, Jhala, Lawyer Lawywer and lecturer and relations, treaty making, educa- sues they should Jhala explained that bad Con- atLecturer ZIALE in at her ZIALE. office at Bemvi Asso- tion and health,” Jhala said. ciates in Lusaka’s Long Acres area. stitutions have been known to watch out for as be the cause of instability in She cautioned that a Constitution they embark on the most African countries and should not encourage the person- mammoth task of elsewhere in the world. alization of power or discrimina- debating, examin- tion against or amongst its citi- “Federal system of govern- Jhala explained that the Con- zens, whether these are the mi- ment or federalism is a ing, altering and nority or majority. stitution is not only regarded political arrangement adopting the provi- as the superior law of a coun- which involves devolution try which spells out the basic or distribution of power to “A Constitution should not be sions in the rules but that it was also an various centres in the coun- important document that es- used as a tool of oppression and Mung’omba Draft tablishes a contract between should not in any way disadvan- try and defines how those Constitution. the people and government. tage anyone,” Jhala said. centres are related,” Jhala She noted that the Constitution explained. forms the fundamental charter Jhala also spelt out the types of of governance which is the Constitutions as unitary systems Enjoy reading some bedrock of Constitutionalism. with centralized power, federal or She further explained that decentralized systems of govern- federalism is not an eco- of the excepts from ment which are broken down nomic arrangement but that presentations by She further defined the Consti- into Presidential and Parliamen- it is the distribution of re- tution as the powers of gov- tary systems. sources whereby develop- ernance for all the three or- experts. gans of the state, namely, the ment is achieved. She explained that Zambia is judiciary, legislature and the executive. governed under a unitary system where power is concentrated in the national government. 2 SPECIAL EDITION ON EXPERT VOLUME 1, ISSUE 2 Page 3 ‘ENSURE CLARITY IN YOUR SUBMISSIONS’ - NGULUBE URGES NCC MEMBERS Former Chief Justice document and should ideally be Others are Articles 80 on en- Mathew Ngulube has called read not so much as dealing forcement of the Bill of upon NCC members to en- with words but with the sub- Rights, Article 88, Article 92 sure clarity in their submis- stance contained in the state- and 93 which propose the sions. ment of the broad principles it Establishment of the Gender deals with,” Ngulube explained. Equality Commission, the appointment to public body as Ngulube urged members to well as codes of ethics for make sure that they remove He advised members to pay professions and other bodies what he termed ‘cobwebs’ in particular attention to Articles respectively. the Mung’omba Draft Con- 109 clause (2) that explains the stitution. role of the Electoral Commis- sion of Zambia in determining He added other Articles that the boundaries and the naming need to be critically looked at In his presentation to the of wards as well as Article 118 include Article 162 clause 6 clause (1) which proposes that Conference during the third which proposes the tenure of Conference sitting, Ngulube the ECZ shall supervise the conduct of political parties. office and vacation of office said there was need for the of Members of Parliament. Conference to clarify and SPECIAL POINTS OF strengthen certain articles in He explained that although this INTEREST: the Mung’omba Draft Con- new inclusion in Draft Consti- stitution. tution was well intended, it was important that these roles are • ‘The NCC clearly spelt out to avoid prob- He explained that it was lems between the ECZ and indi- SPECIAL POINTS OF members should important for members to vidual political parties. ensure clarity and exclusion INTEREST: ensure clarity of elements that are not suit- able for inclusion in the He was, however, hopeful that • The Mung’omba Draft and the removal the ECZ would ensure that the Constitution. Constitution has several proposed political parties fund of elements that would be administered without new inclusions on are not suitable The former Chief Justice bias, if adopted by the mem- citizenship such as dual was pleased that the bers. citizenship and for inclusion in Mung’omba Draft Constitu- responsibilities of tion dealt with main issues, leaving the details to ordi- Other Articles that the former citizens among others. the Constitution. Chief Justice cited that mem- nary legislation. bers would need to citically • Under public service, • Too much detail look at include Article 132 the Draft proposes the clause (3) that prohibits both Mr. Ngulube explained that establishment of may embed in the President and the Vice the danger of having too the Constitution President to be out of the coun- commissions such as much detail embed in the try at the same time. the Civil Service and the too many Constitution is that it could opportunities for create opportunities for con- Police and Public controversy or troversy or conflict with Ngulube also pointed out cer- Complaints Commission for conflict with other legislation. tain Articles in the Draft Con- which is currently an stitution that the members Authority. other would need to examine such as “The Constitution is to be Articles 44, 45, 48 and 52 that • Under the judiciary, the legislation,’ liberally construed so as to deal with rights of children, carry into effect the inten- youths, persons with disabilities Draft Constitution tions of the people; it is a as well as servititude and forced proposes the political as well as a legal labour. 3 SPECIAL EDITION ON EXPERT ADVISE TO THE NCC VOLUME 1, ISSUE 2 Page 4 • The Mung’omba LEGAL PROTECTION OF ECONOMIC, SOCIAL AND CULTURAL (ESC) Draft Constitution RIGHTS IS WEAK IN ZAMBIA, SAYS MULONDA has proposed addi- By Beene Mujala Moombe tional human rights.