HELPFUL TIPS
THE observations made by renowned law academician and constitutional expert, Professor Muna Ndulo about the country’s chances of having a durable constitution under the existing political environment are valid.
And it is our hope that the government of President Hakainde Hichilema as well as other stakeholders would take note.
The constitution-making process or amendment lacks a clear roadmap even though President Hichilema said after his election victory in 2021 pledged to ensure that the country had a durable constitution.
Even the half-hearted attempts at what the new dawn administration claimed was first dealing with non-contentious issues have been received with scepticism, for who decides what is contentious and is not?
The situation is such that there is so much mistrust and animosity between the ruling United Party for National Development (UPND) and opposition parties to warrant any attempt at meeting over a roundtable.
With the key political sides on either side at daggers’ drawn, it is difficult to imagine getting them in the same room to discuss the way forward.
The opposition parties have no kind words for the UPND in government, accusing it of destroying the country’s democracy by abusing governance structures such as the Zambia Police, Judiciary and the Electoral Commission of Zambia.
Their major bone of contention has been what they describe as the shrinking democratic space in which the police under the command of Mr Graphael Musamba has banned them from holding outdoor rallies.
This has made it impossible for them to mobilise and mingle with their grassroots support, while the UPND, using the advantage of incumbency has no problem doing so.
This is why Prof Ndulo has warned that the current political environment is not conducive to dialogue over the development of the country’s durable constitution.
Prof. Ndulo, who is based in the United States of America says the political and economic atmosphere in Zambia is so hostile for the political leadership to engage in negotiations for consensus building in the constitution-making process.
And Prof Ndulo has advised that there is need for those in Government to understand constitutional concepts and principles such as the independence of the Judiciary, decentralisation, the rule of law, and indeed the doctrine of the separation of powers.
The concerns raised by Prof Ndulo are not new but are actually encountered every day by the opposition parties or anyone perceived to be an enemy of the UPND.
Respect for the rule of law is part of the political rhetoric one hears from the leadership with the so-called fight against corruption becoming a political weapon directed against those who served during the Patriotic Front administration while ignoring that being committed under the new dawn administration.
He said he was deeply concerned Zambia’s constitution-making process had been crowded by what he termed too many cooks in the kitchen claiming to be experts, stating that no one person had the monopoly of wisdom on everything.
As Prof Ndulo noted, the first step towards the development of a new constitution, in any country is the need to engage in a debate as to what kind of society it wants to create for its citizens.
We think the onus is on President Hichilema to create a conducive environment by easing the political tension in the country by ensuring that all political players operate freely and thereby win their trust.
The current impasse is not of benefit to anyone. It might help to heed Prof Ndulo’s tips.