By Dr. MUSONDA TREVOR SELWYN MWAMBA
SINCE Zambia’s independence 60 years ago she has had various constitutional changes and review commissions, namely, Mainza Chona Constitutional Review Commission; Mvunga Constitutional Review Commission; Mwanakatwe Constitutional Review Commission; and the Mung’Omba Constitutional Review Commission.
Governments in all these constitutional reviews have used the Inquiries Act to initiate the process which bestowed upon them excessive powers to manipulate the process.
As the renowned international legal academic Professor Melvin Mbao noted: “in the case of constitutional review commissions, the Act empowers the president to determine the terms of reference of the review commissions and have exclusive right of access to and control of commission reports.” So, government has the power to reject or accept the recommendations as it sees fit.
There is nothing more fundamental to a functioning democracy than the full participation of the people; this is a fundamental human right of every citizen more so in the making of a constitution.
Yet, here in Zambia, past governments have failed to abide by this cardinal tenet that underpins our society. We can only suppose that those failures have been motivated by specific political interests of the time.
The 2005, Mung’omba Commission’s main recommendation was that the people should define the constitution-making process and that the constitution should be a product of the sovereign will of the people.
It should be made and amended through popular mandate, not through the Inquiries Act and that for the constitution to stand the test of time, it ought to be a product of the will of the people, expressed directly by the people.
To date, this wise recommendation has not been implemented by governments. Zambia is now faced with her latest constitutional drama initiated by the UPND government. The bid to change the constitution is a variation of a theme. It should therefore come as no surprise to Zambians.
The pronouncement has sparked intense concern across the country from a wide range of stakeholders like Civil Society Organisations, Law Association of Zambia (LAZ), political parties, media, to name a few. Their concern is valid.
And we Zambians should take heed of William Faulkner’s advice: “Never be afraid to raise your voice for honesty and truth and compassion against injustice and lying and greed.”
The vital question we must ask is what has prompted the Executive to so hastily demand constitutional reform so close to the general elections which are scheduled for August 2026.
The reason given is that the youth have agreed to constitutional amendments that would apparently allow for more women and people living with disabilities to be placed in key decision-making positions.
Commendable as this may seem, the Executive is hiding behind the youth to tamper with the constitution to suit its own objectives. This is not only disingenuous, but a dangerous deception.
“Oh, what a tangled web we weave when first we practice to deceive.” This adage from Sir Walter Scott was written in 1808 but it is as relevant today as ever.
It means that when we act dishonestly, we set off a chain reaction of problems that will eventually subsume us. The Executive should beware.
Indeed, if there was a genuine desire to support the youth, steps would have long been taken to boost them. There is adequate provision for this in our constitution as it stands.
Further, with regard to women and those of us living with disabilities, there are provisions in our present constitution for equitable appointments. I urge everyone to read Article 259. There you will also find an amendment to ensure fair representation of people from all parts of the country.
For: (I) Where a person is empowered to make a nomination or an appointment to a public office, that person shall ensure: that the person being nominated or appointed has the requisite qualification to discharge the functions of the office, as prescribed or specified in public office circulars or establishment registers; that fifty percent of each gender is nominated or appointed from the total available positions, unless it is not practicable to do so: and equitable representation of the youth and persons with disabilities, where these qualify for nomination or appointment.
Accordingly, if the President is so keen for more participation of women, young people, persons with disabilities, in governance, he can do so expeditiously under the provisions of the current constitution.
And failure to do so may raise doubts on whether the proposed amendments are truly about inclusivity or simply a means to some hidden political end. The answer to our question lies elsewhere. The reality is that the constitutional amendment card is a smokescreen to distract Zambians from the dire poverty they are suffering from. This is a matter of life and death.
It is a facile attempt to get Zambians to forget about the increasing costs of mealie meal and fuel. As every Zambian knows, inflation is skyrocketing. We can feel the effects of stagnant wages and never-ending taxes.
We know too how this government favours the big mining companies who are given tax breaks and favourable incentives.
The country stinks of poverty shackled in the high cost of living. Food inflation is alarmingly high at 20 percent, making basic commodities unaffordable for many Zambians, with increases in price of mealie meal and fuel, whilst wages are stagnant, the poor are taxed mercilessly, and wealthy miners of gemstones are allowed to export their products tax free.
Recently, the World Bank’s Poverty and Equity Assessment Report ranked Zambia as the sixth most impoverished country globally and the fourth highest poorest in Africa. How can this be? Zambia is too rich to be poor!
Poverty dehumanises people stripping them of their moral values and sense of decency to survive.
Yet, the tragic tale of our poverty is its self-inflicted, Zambia is too rich to be poor. We must work on our economic recovery so our economy works for our people. We must empower our people. We must uplift the living standards of Zambians. To do so we need a good caring leadership that addresses the needs of the people.
One quick solution would be to reduce the size of government and use the savings to grow the economy and subsidise food and fuel.
Instead of focusing on constitutional amendments to distract from the gruelling conditions that so many Zambians are enduring today, Government should be prioritising economic recovery and social welfare.
We pride ourselves on being a Christian nation we should therefore be aware that we live in a moral universe. And it is incumbent upon us to always act justly and to love mercy, and to walk humbly with our God. These values should be reflected in a leadership of moral integrity with an inalienable commitment to improving the lives of our people.
Zambians deserve a political leadership that strives for politics of honesty, politics of decency, politics of virtue, politics that has boundless integrity.
Yes, our constitution needs improvement. But the process of its amending should begin immediately after the next election and it should be driven by the aspirations of all Zambians from all the 10 provinces. In short, it needs to represent the kind of governance that all Zambians want so the opening words of our constitution, “We the People of Zambia” will resonate for future generations.
