Bill No. 10 Delayed As Concerns Mount
The divisive Constitution of Zambia (Amendment) Bill No. 10 of 2019 has once again been in the spotlight this week. Championed by Government as a necessary measure to address lacunas in the existing Constitution, it has been virulently opposed by several opposition parties and civil society organisations.
Opponents, from the UPND and the NDC, to the Law Association of Zambia (LAZ) and Linda Kasonde’s Chapter One, are objecting to the Bill on the basis that it strengthens the existing powers of the executive and President to the detriment of Zambia’s democracy.
Among the most contentious and concerning provisions in the Bill are the re-introduction of deputy ministers, the permitting of ministers to stay in office during elections and scope for interference in the appointment of judges. All of which opposition and civil society claim are designed not to benefit the citizenry, but to strengthen the PF’s grip on power ahead of elections next year.
The Bill also contains some worrisome provisions relating to Government’s economic and financial management, giving the President the power to contract debt without requiring parliamentary approval. This has served as another red flag ahead of elections.
The Bill was first presented to the House in August. However, following the session’s lapse it was necessary to restore the Bill to the Order Paper this week. With the second reading expected yesterday, opposition members of Parliament registered their disapproval with both its contents and the process, by staging a walk out. However, further deliberation of Bill No. 10 has now been deferred until February 2020. The official reason for its deferral given by Government was that there is insufficient time to debate the Bill in the current sitting and the need to prioritise the Budget Act, although it seems likely that the Government is also scrambling to secure the necessary votes it needs to pass the controversial document. As an amendment to the existing Constitution the Bill requires a two-thirds majority to pass, equivalent to 111 of the 167 MPs. The PF has just 80 elected members, with eight nominated MPs.
While the matter is delayed it is far from over. Although the Constitutional Court has recently thrown out petitions challenging the Bill from LAZ and Chapter One, its ruling was made on the basis that the Court’s jurisdiction relates to Acts of Parliament, rather than proposed laws in the form of bills. As such, further more substantive legal challenges can be expected should Bill No. 10 come to pass in 2020.
