By Paul Shalala
The Technical Committee on Drafting the Republican Constitution
can produce the final draft constitution by 30 June, 2013 as per their own set
deadline. This is very possible because they have all the human resource, the
brains, financial resources, time and most of all, they have the necessary
resolutions from various stakeholders to guide them in the drafting process.
There is no excuse which can be used to justify their
request to extend the process by another six months to December 2013.
In the past two years, I have closely followed and reported
on every step of this current constitution making process. As a journalist
specially trained in Germany to report on politics and governance issues, I
have taken the constitution making personal project. So far, I know everything
about this business of constitution making process and not even members of the
Technical Committee can lie to me that they need six more months to draft the
articles of the constitution because the most difficult parts of this process
have already passed.
I have travelled this country doing stories on the
constitution and making sure that every voice of a well-meaning Zambian is
heard in this process which is likely to change the course of the nation.
Why six months
extension is unjustified
At the moment, the Technical Committee has resolutions from
District Consultative Fora, Provincial Conventions, the Sector Groups
Convention, the National Convention and from international constitutional
experts.
All these resolutions are the basis on which the committee
is supposed to base its contents for the final draft constitution.
Of all the consultative fora, the most recent was the
National Convention which was held in late April this year and its resolutions
are being held in soft copy by the Technical Committee.
Between April and 30th June is a two months
period in which the Technical Committee is supposed to prepare the draft
constitution. Considering that the resolutions are in soft copy, it is easy for
the committee to edit them and prepare a document based on how stakeholders
chose and voted on articles to have in their supreme law of the land.
This is not a job which can take two months, it can only
take a period of a few weeks because the articles were already voted for by the
people of Zambia through the various consultative fora. The committee’s job
therefore at this stage is just to consolidate views from the people as
contained in the rapporteur’s reports and consolidated resolutions.
With this background, I still argue that the two weeks
remaining before the Technical Committee’s self imposed deadline of handing
over document to President Michael Sata by June 30, 2013 is possible. There is
ample time to finalise this document and the Zambian people are highly
expectant of this long overdue document.
How far is the
drafting process?
Last month, the Technical Committee split itself in working
groups according to the different parts of the constitution in order to deliberate
on specific articles and bring back resolutions to the plenary for formal
adoption of articles. This process was supposed to take a few weeks before the
document was to be handed over to the drafters in late May for preparation of
the final draft constitution.
I personally covered a session of the plenary where members
of the Technical Committee was adopting articles and the process seemed smooth.
With the passing of time, the public was informed that the
committee had asked for a six months extension to complete the process. The
question that begs an answer is what is delaying the process when all the
documents are already available?
Cost
Justice Minister Wynter Kabimba on 11 June, 2013 told
journalists at a press briefing that the current constitution making process
had gobbled Kr100 million. This is an amount of money which was spent on
getting views from the Zambian people. Through its request for a six months
extension, the Technical
Committee hoped to use another Kr44 million through a
supplementary budget. To be realistic, this is too much money to fund a simple
activity that can be done within the shortest period of time. Mr Kabimba is
justified to have described this request as “unreasonable and outrageous”
because most stakeholders want this process to come to an end so that the way
forward in this current constitution making process can be known.
Conclusion
As a matter of urgency, the Technical Committee must double
its efforts and produce the final draft constitution by 30 June. Now that
government has rejected their request for an extension, the committee has no
option but to produce the document whose contents are already there.