By VITA BANDA and MUKWIMA CHILALA
POLITICIANS should not hijack the constitution making process which should be left to a technical committee whose findings should be subjected to a referendum, constitutional lawyer, John Sangwa has said.
Previsouly, he said, politicians had hijacked the process resulting in a consitution that failed the test of time.
This process should ensure that people participated fully through a referendum.
What was required, he said, was not an amendment but a complete overhaul to ensure that a more enduring document was produced.
In the past, he said, politicians had hijacked the process, resulting in a constitution that has failed the test of time.
This time round, Mr Sangwa said, a technical committee should produce a draft that should be subjected to national approval through a referendum.
The remarks follow an announcement by Minister of Justice, Malambo Haimbe that Government has set aside about K5 million for the constitutional reforms.
Mr Sangwa said it was embarrassing that the country has for over 30 years been talking about reviewing the constitution without tangible results because politicians had hijacked the process.
Mr. Sangwa said it was regrettable that politicians had hijacked the 1991 Mwanakatwe Constitutional review processes instead of giving Zambia a people-driven constitution.
He said as opposed to previous processes, the people should be allowed to participate in the process.
He said the Zambian Constitution does not need an amendment but rather needs a complete overhaul.
Mr Haimbe has disclosed that the government has set aside about K5 million for constitutional reforms.
Mr. Haimbe however said the funds are not enough as the constitution may be subjected to a referendum to amend part 3 which is the bill of rights.
He said processes to review the republican constitution are underway and government has received submissions from stakeholders on what mode the constitution review process should undertake.
Mr Haimbe said the constitution review process wouldn’t be rushed so that the country could have a document that would stand the test of time.
“There is a possibility of using the Inquiries Act although majority of the submissions are proposing a technical review commission of the previous drafts,” he said.
However, Chiengi Independent Member of Parliament, Given Katuta said the constitution reforms under the new administration were bound to fail due to the manner in which UPND members conducted themselves on the subject while in opposition.
Ms Katuta said she did not see the ruling party succeeding in its intended Constitutional review looking at the way the party while in the opposition used to walk out of parliament.
She said that majority of Independent MPs are not ready to support any bills from government because they have not been engaged.
