REPUBLIC OF ZAMBIA REPORT OF THE PARLIAMENTARY SELECT COMMITTEE APPOINTED TO SCRUTINISE THE CONSTITUTION OF ZAMBIA (AMENDMENT) BILL, N.A.B. NO. 10 OF 2019 APPOINTED ON 2ND AUGUST, 2019, DURING THE THIRD SESSION OF THE TWELFTH NATIONAL ASSEMBLY PrinteD by the National Assembly of Zambia REPORT OF THE PARLIAMENTARY SELECT COMMITTEE APPOINTED TO SCRUTINISE THE CONSTITUTION OF ZAMBIA (AMENDMENT) BILL, N.A.B. NO. 10 OF 2019 APPOINTED ON 2ND AUGUST, 2019, DURING THE THIRD SESSION OF THE TWELFTH NATIONAL ASSEMBLY i TABLE OF CONTENTS Item Page No. 1.0 Composition of the Committee 1 2.0 Term of Reference 1 3.0 Meetings of the Committee 1 4.0 Procedure adopted by the Committee 1 5.0 Background to the Bill 1 6.0 Objects of the Bill 2 7.0 Salient Provisions of the Bill 3 8.0 Summary of Stakeholders’ Concerns and Recommendations 14 9.0 Committee’s Observations and Recommendations 30 10.0 General Observation 40 11.0 Conclusion 41 Appendices: - Appendix I – Staff of the National Assembly 43 - Appendix II – Witnesses 44 ii REPORT OF THE PARLIAMENTARY SELECT COMMITTEE APPOINTED TO SCRUTINISE THE CONSTITUTION OF ZAMBIA (AMENDMENT) BILL, N.A.B. NO. 10 OF 2019, FOR THE FOURTH SESSION OF THE TWELFTH NATIONAL ASSEMBLY APPOINTED ON FRIDAY, 2NDAUGUST, 2019 1.0 COMPOSITION OF THE COMMITTEE The Committee consists of Mr R M Nakacinda, MP (Chairperson); Mrs P G M Jere, MP (Vice- Chairperson); Hon B M Mundubile, MP; Hon T S Ngulube, MP; Prof G Lungwangwa, MP; Ms G Katuta, MP; Mr S Miti, MP; Mr B Kambita, MP; Dr S C Kopulande, MP; Mr A Kasandwe, MP, Dr M Malama, MP; Dr C K Kalila, MP; Mr T J Kasonso, MP; Mr S K Kakubo, MP; and Mrs M Mwanakatwe, MP. The Honourable Mr Speaker National Assembly Parliament Buildings P O Box 31299 LUSAKA Sir The Parliamentary Select Committee was appointed on Friday, 2nd August, 2019, to scrutinise the Constitution of Zambia (Amendment) Bill, N.A.B. No. 10 of 2019. 2.0 TERM OF REFERENCE The term of reference of the committee was to scrutinise the Constitution of Zambia (Amendment) Bill, N.A.B. No. 10 of 2019. 3.0 MEETINGS OF THE COMMITTEE The Committee held a total of twenty-six (26) meetings to consider the Constitution of Zambia (Amendment) Bill, N.A.B. No 10 of 2019. 4.0 PROCEDURE ADOPTED BY THE COMMITTEE In considering the Bill, the Committee requested written submissions from various stakeholders, some of whom also appeared before it and made oral submissions. 5.0 BACKGROUND TO THE BILL The process to amend the Constitution of Zambia, Chapter 1 of the Laws of Zambia, began in November, 2016, when the National Assembly approved a Private Member’s motion moved by Mr R Mwewa, Member of Parliament for Mwansabombwe Parliamentary Constituency, urging the Government to amend the Constitution in order to reinstate Members of Parliament on 1 councils and address the lacunae that had arisen following the 2016 amendment to the Constitution. Thereafter, the Government called for submissions from stakeholders from a cross-section of society. The Ministry of Justice converted the submissions into a draft Bill which was subjected to further scrutiny by stakeholders and subsequently approved by Cabinet for introduction in the National Assembly. However, before the Bill could be introduced in the National Assembly, the Government received a request from the Zambia Centre for Inter-party Dialogue (ZCID) for the Bill to be deferred to allow political parties and the church mother bodies conclude an ongoing dialogue process. The Government, therefore, postponed the introduction of the Bill in the National Assembly. What followed were discussions between the church and ZCID on the focus areas of the national dialogue. The Government then developed a roadmap, which included the Bill being considered at a national validation meeting of all stakeholders. Thus, in April 2019, Parliament passed the National Dialogue (Constitution, Electoral Process, Public Order and Political Parties) Act, No. 1 of 2019, which established the National Dialogue Forum (hereinafter called “the Forum”), a body constituted to validate the draft Constitution of Zambia (Amendment) Bill among other things. At the conclusion of its deliberations, the Forum was obliged by section 14(6) of the Act to adopt the draft Constitution of Zambia (Amendment) Bill and submit it to the Hon Minister of Justice. Consequently, upon the conclusion of its deliberations, the Forum submitted a draft Constitution of Zambia (Amendment) Bill to the Hon Minister of Justice. Further, section 14 (7) of the Act obliged the Hon Minister of Justice to publish the Bill in the Gazette within thirty (30) days of receiving it from the Forum. This was in compliance with Article 79 of the Constitution, which requires a Bill that amends the Constitution to be published in the Gazette for thirty days before it can be introduced in the National Assembly for First Reading. In compliance with this requirement, the Constitution of Zambia (Amendment) Bill was published in Gazette Notice No. 660 of Friday, 21st June, 2019. In this regard, the Bill was ready for presentation in the National Assembly on 23rd July, 2019 and was presented in the House for First reading on Friday, 2nd August, 2019. 6.0 OBJECTS OF THE BILL The object of this Bill is to amend the Constitution of Zambia so as to: (a) revise the Preamble in order to reaffirm the Christian character of Zambia; (b) revise the principles and values of the Constitution; (c) revise the electoral system for elections to the National Assembly; (d) revise the period for dissolution of the National Assembly; (e) revise the period of hearing and determination of a presidential election petition; (f) revise the manner of election of mayor and council chairperson; (g) establish the office of deputy minister; (h) revise the composition of the Cabinet; 2 (i) revise the provisions relating to the establishment of commissions; (j) revise the provisions relating to the payment of pension benefits and retention on the payroll; (k) provide for the membership of Members of Parliament in councils; (l) establish the Drug Enforcement Commission as the Anti-Drugs, Economic and Financial Crimes Agency and re-define its function as a national security service; (m) revise the functions of the Public Protector (n) revise the functions of the Bank of Zambia; (o) revise the functions of the Auditor-General; and (p) provide for matters connected with, or incidental to, the foregoing. 7.0 SALIENT PROVISIONS OF THE BILL The specific provisions of the Constitution of Zambia (Amendment) Bill, N.A.B. No 10 of 2019 are as set out below. Clause 1–Short title This clause provides for the short title of the Bill which shall be cited as the Constitution of Zambia (Amendment), Act, 2019. It further provides that the Bill once enacted into law shall be read as one with the Constitution of Zambia, Chapter 1 of the Laws of Zambia. Clause 2–Amendment of Preamble This clause amends the preamble by deleting the word “multi-religious” in the part that reads “Recognise and uphold the multi-ethnic, multi-racial, multi-religious and multi-cultural character of our Nation...” and substituting it with the word “Christian”. PART I – SUPREMACY OF THE CONSTITUTION Clause 3–Amendment of Article 1: Supremacy of Constitution This clause amends Article 1 (5) by making the consideration of constitutional matters by the Constitutional Court to be subject to Article 28. Article 28 gives the High Court jurisdiction to hear and determine any matter relating to the alleged violation of any of the rights guaranteed under Part III of the Constitution. Clause 4 – Amendment of Article 4: Republic of Zambia Clause 4 amends Article 4 (3), which sets out the characteristics of the Republic as being unitary, indivisible, multi-ethnic, multi-racial, multi-religious and multi-party democracy, by replacing the word “multi-religious” with the word “Christian”. PART II – NATIONAL VALUES, PRINCIPLES AND ECONOMIC POLICIES Clause 5 – Amendment of Article 8: National values and principles This clause amends Article 8 by including Christian morality and ethics as a national value and principle. 3 Clause 6 – Amendment of Article 10: Basics of economic policies This clause amends Article 10 (4), which provides that the Government shall not compulsorily acquire an investment except under customary international law and Article 16(1), by deleting the reference to customary international law. PART IV – CITIZENSHIP Clause 7 – Amendment of Article 38: Citizenship by adoption Clause 7 amends Article 38, which provides for a child who is not a Zambian citizen, but who has been adopted by a Zambian citizen, to become a Zambian citizen on the date of his or her adoption. Clause 7 amends the Article by adding the words “as prescribed” after the word “adoption”. This allows for the date of adoption to be provided for in an Act of Parliament. PART V- REPRESENTATION OF THE PEOPLE Electoral Systems and Process Clause 8 – Amendment of Article 46: Franchise Clause 8 amends Article 46, which gives a citizen who has attained the age of eighteen (18) the right to register as a voter and to vote. The clause amends Article 46 to provide for the manner of registering as a voter and voting to be provided for in an Act of Parliament. Clause 9 – Amendment of Article 47: Electoral systems This clause amends Article 47 (2) by replacing the “first-past-the-post” system for electing Members of the National Assembly with a “mixed-member electoral system”. It further provides for the electoral system to be contained in an Act of Parliament. Clause 10 – Repeal and Replacement of Article 51: Independent Candidates This clause amends Article 51, which provides the eligibility criteria for an independent candidate seeking election to the National Assembly.