Constitution ushers in Zambia’s new era
Published On January 8, 2016 » 2010 Views» By Davies M.M Chanda » Features
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I remember - logoTHE coming into force of the amended and people-driven Constitution of Zambia on January 5, 2016, was not only the culmination of the country’s Constitution-making process that, in my opinion, started after the divisive 1967 UNIP party conference at the Mulungushi Rock of Authority, but  it also ushered in a new era of democracy, peace and stability.
As for the smaller political parties and their leaders, the new Constitution may in the long-term prove to be a double-edged sword, as some of its requirements demand more than political rhetoric and breast-beating if they are to survive under the new dispensation.
Some of us who were politically conscious in the early 1960s still remember the sad events and consequences of that ugly Mulungushi UNIP party conference outside Kabwe, which threatened to plunge the young Republic into chaos of genocidal proportions.
National leaders, who were once comrades-in-arms during the struggle for independence, especially following the 1958 formation of the Zambia African National Congress (ZANC) led by youthful Kenneth Kaunda, suddenly became arch-enemies due to irreconcilable tribal and regional differences. Emotions were running high and rationality was sacrificed at the altar of political expedience.
To survive the tempest and its roaring thunder, those who felt marginalised and whose political fortunes and privileges were thus threatened by their perceived enemies forged tribal alliances. It was frightening, to say the least.
Slogans like ‘Unity in the East’, ‘Ba Weesu’ (Fellow kinsman), ‘Muna wa-gae’, (My home boy), ‘Mwana mudala’ (My oldman’s child) and ‘Fwebene’ (We the owners) were on many people’s lips.
The nation became so polarised that these new alliances even found their expression in recruitment, ‘Zambianisation’ and the resultant appointments to key posts in government, private sector and quasi-State organisations like the Industrial Development Corporation (Indeco) and Zambia Industrial Mining Corporation (ZIMCO) that controlled the nationalised mining companies on the Copperbelt.
Zambia had, indeed, reached a point-of-no-return, but God loves Zambia. He used level-headed leaders, including founding President Kaunda and his Cabinet colleagues, to rescue the country from the precipice. This is not to say there were no problems thereafter. It was not the panacea, but the truth of the matter is that Zambia continued to flourish economically and politically as a united nation under the ‘One Zambia One Nation’ banner.
Some impartial observers would also agree that although the creation of a one-party State in 1973 was severely criticised both at home and abroad as a giant assault on democratic governance, it did help in keeping the country intact, especially if seen in the context of the acrimonious and faction-riddled Mulungushi Party Conference of 1967.
Looking back, I can safely say that the Mainza Chona, Patrick Mvunga, John Mwanakatwe and Willa Mung’omba Constitutional Review Commissions, including the Choma Declaration – that signalled the death of Harry Mwaanga Nkumbula’s African National Congress (ANC) – were all attempts at giving Zambia a home-grown Constitution to replace the Westminster model that it had inherited at independence from Britain in 1964.
The Movement for Multiparty Democracy (MMD) both under Presidents Frederick Titus Jacob (FTJ) Chiluba (1991-2001) and Levy Patrick Mwanawasa (2001-2008-July) promised to give Zambians a people-driven constitution, but that did not happen due to financial and other logistical problems.
It is for this reason that the Patriotic Front (PF) – and President Lungu, in particular – must be commended for fulfilling their promise to give Zambians ‘a people-driven Constitution’, though in a phased manner: One through amendments in the National Assembly by members of Parliament (MPs); and the second, through a National Referendum to run concurrently with this year’s tripartite elections in August.
In full glare, President Lungu this week gave the Constitution its Presidential assent, thus endorsing the amendments MPs from across the political divide made to the Draft Constitution, including the clause on the election of a State President.
Unlike under the old constitution where the ‘first-past-the-post’ candidate was declared the winner, the winning Presidential aspirant under the amended blueprint is required to amass or muster 50 per cent plus one of the total votes cast in the presidential election. If no winner emerges there will be a presidential election run-off.
The appointment of a vice-president, which has one of the prerogatives of successive State presidents (Kaunda, Chiluba, Mwanawasa, Rupiah Banda, Michael Sata, and Lungu) since 1964, has been abolished under the new Constitution. Each presidential candidate will also be required to have his/her running-mate who must be voted for by the entire Zambian electorate. This requirement may prove tricky for most parties and must be handled properly to avoid accusations of favouritism, regionalism and tribalism.
But what leaders of smaller parties will no doubt find particularly insurmountable is the 50 per cent plus one requirement. Poorly funded, such leaders and their parties, it must be said, stand little chance of upsetting the odds and emerging as giant-killers next August when Zambia will go to the polls for the first time under the amended Constitution that President Lungu signed at the Heroes Stadium in Lusaka on Tuesday.
The former ruling MMD party, United Party for National Development (UPND) and Forum for Democracy and Development (FDD) – presently the three major parties in the country, will need to work extremely hard in the next seven months to find credible candidates, running-mates as well as councillors to represent them in the newly-created Provincial Assemblies and District Councils under the new Decentralised Local Government system.
Whether the ushering in of the long-awaited people-driven Constitution has sounded the death knell for Zambia’s ‘fringe’ political parties and their leaders, only time will tell.
But one thing for certain is that Zambia has once again set the pace for other countries still battling to write their own constitutions acceptable to everyone regardless of their ethnicity or political party affiliation. Bravo.
Reader’s comments:
I was very fascinated and highly impressed by your articles which appeared in the Times of Zambia dated 6 January, 2016 entitled, ‘Kazungula Bridge: A dream come true’. I am one of those  Zambians who have cherished a keen interest in the construction and actualisation of this  physical infrastructure which was conceived, as you say in your article, by Presidents Kenneth Kaunda of Zambia, Sir Seretse Khama of Botswana and Mwalimu Nyerere, of Tanzania, not forgetting President Robert Mugabe of Zimbabwe.
I have always held the view that once this bridge is fully functional, trade and commercial  activities and movement of human beings will blossom rapidly between Zambia and the southern part of the Southern African Development Community (SADC) region.
This bridge will hugely promote the vehicular movement from the DRC-Congo, Zambia towards the southern part of Africa where booming economical zones are unravelling.
Zambia, which is at the centre, will be the focal point of all the businesses and commercial activities including tourist attraction, because of the mammoth water bodies and a vast and rich  wildlife heritage that is found in Zambia.
Added to this, once the engineering architecture of Kazungula Bridge that will be created after  the construction of this bride is completed, it will add enormous scenery and panoramic value to this site which had remained undeveloped for centuries. Kazungula (now a district) is ranked as  one of the poorest land spaces in Zambia.
I have used this ferry to cross the Zambezi River while driving from Gaborone, in Botswana, to Lusaka (because the Zimbabwean authorities do not allow unregistered vehicles to drive on their  roads) and in 2012, I still wondered why the Zambian part of Kazungula was so poverty-stricken with dilapidated houses and facilities and yet the Zambia Revenue Authority (ZRA) has always collected so much revenue at this crossing point.
I am pleased to read in your article that the infrastructure on the Zambian side has now undergone a significant facelift. This is how it should be. After all, Kazungula has huge agricultural potential with rich soils and plenty of water.
Your article is so enriching that it answers all the questions, including the reasons why the construction of the bridge was delayed as a result of ‘Zimbabwean tactics of a spoiler’.  It cannot be denied that the Zimbabweans for some reasons have always played the role of a spoiler when there are issues of a joint venture with Zambia. I have several examples.
My reason for writing you is to commend you highly for a well-researched and written article of  the dream-come-true on the construction of Kazungula Bridge – and to also tell you that you are not the only one who had been dreaming of this worthwhile and gigantic civil engineering milestone, the bridge across the Zambezi River at Kazungula. Congratulations.
By the way, what is your job now? Are you employed by the Times of Zambia? And where do you live? In Zambia or RSA or where? Are you on Facebook? if so please let me have your names on Facebook.
I work for the United Nations (UN) as an expert in the field of human rights. I am a trained human rights personnel and I was an activist in Zambia for several years. I am based in South Sudan where I  have been employed by the UNMISS  (United Nations Mission in South Sudan) for ten years.
I will be very glad to meet you in Zambia because Kazungula Bridge has been an emotional dream for me for decades – ever since I was an undergraduate at UNZA (University of Zambia) in the 80s. My family lives in Lusaka.
Thanks very much,
Alfred Zulu
UN Mission (South Sudan)
Comments, please email your views to: alfredmulenga777@gmail.com

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