ZAMBIA’s amended Constitution was not people driven – Law Association of Zambia

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THE new and amended Constitution may not be durable and may undergo yet another process of reviewing it because it was not driven by the people but by the desires and wishes of the Patriotic Front (PF), the Law Association of Zambia has observed.

And civil rights activist Brebner Changala has praised President Edger Lungu for having been bold enough to deliver to Zambians a new Constitution which would see the enhancement of democracy and a turn round of the Zambian politics.

LAZ president George Chisanga said his association could not have avoided attending the signing ceremony of the new and amended Constitution by President Lungu because the function was not about personalities but about the nation.

Mr Chisanga said although LAZ had aggressively fought and objected to the manner in which the new Constitution was adopted, it had  the mandate to accord President Lungu the respect he deserved as Head of State.

He however said the new Constitution did not represent the views of Zambians as the process of amending the document was not universally agreed upon by all the stakeholders.

He said the durability of the amended Constitution would largely remain to be determined in the future but doubted that the supreme law of the land could fail to stand the test of time because of  the many unresolved issues in the law.

Mr Chisanga said the entire Draft Constitution should have been refered and celebrated through a referendum but that it was unfortunate that…”Our friends in the PF did not agree with the views of the majority of the stakeholders. Zambians must continue on this journey of perfecting their Constitution and we welcome the Constitution because it has taken away some of the powers from the presidency.”

And Mr Changala said Zambia had gone a step ahead by having a new and amended Constitution that had managed to meet many of the expectations of the Zambians.

He said it was elating that President Lungu had walked the talk over the Constitution which had more than decades eluded Zambians.

Mr Changala said he was happy that the parentage clause had been removed from the Constitution which was designed and targeted at selected citizens.

“This has been a momentous time for me and I had to come to witness this historic day. I have been fighting for the Constitution for a long time from the days of president Frederick Chiluba and I am happy that President Lungu has walked the talk. It is not possible to please every Zambians but the Constitution represents the majority of Zambians. Our democracy has been enhanced and we are going to see our politics evolving,” Mr Changala said.

Zambia Daily Nation

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165 COMMENTS

  1. Its not possible to have a new constitution its impossible!abit of changes to the existing one is allowed not throwing the whole of it and try to bring a new one!

  2. The fact that Law Association of Zambia can be compromised by a political party says a lot about the Zambian justice system. LAZ is quite aware of the implications & cost of a referendum so the amendment was just about the BEST way possible seeing that we have general elections this year. LAZ is being hypocritical & it’s clear they are been bought by UPND as opposed to being an independent body which is quite disgusting!!!!

  3. Don’t be cheated that’s not laz, don’t confuse pipo, it’s pipo wu wanted constitution y sud pipo complian for wat it’s done it’s over….

  4. People driven ifinshi? The problem is ba LAZ.. like someone already asked ‘Where were you all along?’ Babweremo lelo.. counter productive.. eti? Elo ninshi we trust them. You were munching money during constitution making process now that you’ve run out of it ati ‘Not people driveneee’. We don’t want people to be talking about constitution during campein this around landeniko fimbi vene viza tupasaka chimwela. You’re just confusers of men.

  5. Now we need to be ready to spend much more on elections. We shall surely have a close tie and non will get 61 so we need to choose btn the top two and its through another election, meaning more resources needed, more time to wait and more anxiety kikikikiki probably more fights from cadres

  6. It maybe suprising how LAZ may say this at this wrong time when the document has been signed but I still have respect for the learned lawyers. There are protocols, procedures, etc which could disadvantaged LAZ and any of us to contribute to the process meaningfully. We are void of facts

  7. All those who participated in the current constitution should just keep quiet ,I mean process making . They enjoyed the allowances and now the want more . Sorry no more sitting allowances ,it’s done .

  8. Its not people driven SO WHAT some ZAMBIAN are full of opposition when there was no constitution they used to complain now that we have have it they are still complaining…before we had it His exallency was called ALL kinds of foolish things,if any one is not happy with it let him or her produce her own…

  9. I totally agree with LAZ! This constitution is not people driven! It is Zambia driven because all 73 tribes participated in its formulation since the first commission was appointed in late 1960s! LAZ should just go and hang because credence and credibility has already been bestowed upon this new constitution! No amount of mud slinging will tarnish this milestone for Zambia! I didn’t know that lawyers too are so mendacious, full of duplicity, chicanery and guile! Utter disgrace this association of vampires indeed!

  10. WATCH THIS ZAMBIANS
    If this is coming from LAZ today-why a man in RED EYE-
    LAZ ARE YOUR EYES RED TODAY
    _MAN-stand in an encloser
    ARE YOU CLOSING YOUR SELF TODAY
    if closing where where you after so much CASH SPENT
    _DO YOUR STAND AND REPRESENT ZAMBIA
    –CHECK OUT THIS-BABA KAMBANI

  11. COOL DOWN INTELLIGENT ZAMBIA
    _to me this cant come from LAW ASS
    OCIATION OF ZAMBIA
    _this may be cooked or from-LAZY ASSOCIATION ZAMBIA-a break away from LAW ASSOCIATION OF ZAMBIA.
    _LAW ASSOCIATION OF ZAMBIA cant come up with a man in RED EYES

  12. ACTING-BETTER CLOSE YOUR OFFICE AND GIVE HERBALIST
    YOUR PAINT A BAD IMAGE TO OUR LOVE STATE.
    YOUR TEAM YOUR OFFICE THAT WAS YOUR DAILY BREAKFAST_LUNCH-SUPPER.
    SHAME YOU START THIS -lazy laz

  13. THIS RUBBISH IF U DON’T HAVE WHAT TO DO U BETTER SHUT UP!!!!!!!!!!!!! U PEOPLE WERE CRYING 4 A CONSTITUTION & PEOPLE HAVE TRIED TO GIVE U BUT U ARE STILL TALKING NOCENSE WAT TYPE OF FOOLISH PEOPLE ARE?

  14. These idiots members rake in millions in allowances whenever the commission sits so of course they don’t want us to move forward on this issue. Its been 15 years the time was right and we all knew what Zambians wanted!

  15. i have been thinking all along going to school for what? because those who had a chance have nothing to show than get names and money for nothing am shocked to learn that our learned guys where not concerned what was going on in the country for passed years i dont understand this someone to help me this hw our education has down this level nonono

  16. We need to change the civic sullabus in zambia….. Pipo dont know the different between a an amendment and a new constitutin…… A paliament driven constitution and a pipos driven

  17. Three by laws by a bunch of power hungry chaps. Having people not go for work. That was foolish. And making funny of us and the whole process ” No Mr President its January 2016 yaba responds the president laughing. No seriousness in all things. Only verve and Jameson

  18. I believe now that the enemies madiba & group had were not the minority whites but fellow black south Africans, our enemies 4 Zambians economical freedom are not the few selfish PF but our fellow brothers & sisters who blindly support. Kindly understand that all these clauses which parliament adopted are in the Mung’omba crc draft of 2006 which contain Zambians recommendations what only remained was to adopt it through a constituent assembly. Pipo should understand that this constitution can only work best when it’s taken as a whole not pieces. The reason PF is dodging is the full draft gives power to institutions and lives the president as the supervisor. We all saw how obama cried for congress to support him in the guns policy thats things should b not given powers to an individual. I pray that Zambians will not only decide wisely after the spill of blood like kenya and Rwanda.

  19. Why changing everything in the constitution, it’s not everything that is bad in the constitution,
    Let keep on advocating for the removal of some articles in it.
    Not doing away with everything.

  20. Were was LAZ during this process? Parliament has no power to amend constitution? The problem now s geting a degree by distance learning in UK.This kind of Lawyer can’t interpret Zambia constitution.Hence There now too much talking no Action.

  21. Laws must have been funded by some selfish and greedy people .can u pliz stop this nosense and don’t fool yourselves.these guys are not independent…….By the way whom do you represent? when u ve been quiete all along.

  22. What I was trying to say is that, the pipo of zambia spoke of what they wanted to be in the constitution, & our representatives who in this case are the mps took our views to the bar (hse of law), now can any meaningful zambian tell me if those submissions were brought back to us ordinary citizens to see which submissions have been adopted & which ones have been dropped? The only thing we heard was that “parliament”has adopted a new constitution which was awaiting his Excellency to sign, now laz is simply saying it was not a pipo driven cause they never came back to us the pipo. Am in line with those saying laz has acted selfishly cause they should have spoken before the signing happened & am agreeing to that bt sain we have a pipo driven constitution z laying to ourselves. The constitution we have was parliament driven & not pipo driven cause I personally I dnt what the new constitution says apart frm the 50+1 & the running mate clause which z famously talked abt, what of the other issues? They may be late to have said it now bt they have a point.

  23. i think this institution is full of blockheads. you where mute all that time people have been discussing the constitution instead of being in the forefront in guiding the nation. today you wake up ati this is not a people driven constitution. how can we confidence in the judicial system in this country with such lawyer. infact produce your G12 papers its like most of you have std 6 certificates. foolish fools.

  24. i think this institution is full of blockheads. you where mute all that time people have been discussing the constitution instead of being in the forefront in guiding the nation. today you wake up ati this is not a people driven constitution. foolish fools.

  25. what is Pf? is it not people who make up that party! okay who were submitting issues to be included in the process of coming up with the constitution?,,,who do Mps directly represent? what if the whole constitution was subjected to a referendum and the total votes cast are not more than 50%? hmmm ba LAZ! were not the so called stakeholders advocating for the 50%+1, running mate, dual citizenship, some good academic qualification for our representatives (councillors, mps including the president) but what is not there now which is in favour of the Pf to make it a Pf driven and not people!

  26. IBU AND MOO.they took bicycle. the rebels complicated IBU. SAID.u re to fat to climb the bike, drop!
    next..Boy climbed. Rebels said..u re a fool climb both of u!!
    Next… ibu climbed.. rebels.. U re suffering the boy better u walk both on foot…
    CRAZY WORLD…people wont stop talkin.they speak evn against GOD. what of your good decision???
    Power hungry@ iyeeeee mayoo !!!!!!!!

  27. Laz is upnd symphasisers,kaili appointment yakwa young AG yalibakalipa coz they thot ebabako! so hope is mu upnd unfortunately….Zambians arent foolish no more! referendum is coming mu Aug alila chani laz!

  28. Why didn’t they do anything about it.. These are lawyers who waited for it to pass just so they reject it.. Lol that’s why educated zambians kuwayawayafye. Theve never helped us. They spend most of there time talking talking. If they worked more, we could have had a better zambia

  29. ifyo fyonse efyo mulelanda thats bullshit! you people cried for a constitution baye but naba mipela and now you still complaining? it has already been signed nothing will change. grow up n move on

  30. Uko!. But the priblem with LAZ is that they were quiet up to now? Personally, as things stand they are simply expressing an opinion which basically has no bearing on the now signed cionstitution!.

  31. hw do zambians understarnd de term refredum coparing to wat pf gvt dd over constitution amendment any way tyme ll cme wen things will run gud Hakainde Hichilema Garren Ngoma Kenneth Kennedy Richard Hamoonga Micheal Harold Namatama Mundia Loyce Silencer Musonda Lusyomo Trust Mpande Malvin H Maambo Martha Hamusute

  32. hw do zambians understarnd de term refredum coparing to wat pf gvt dd over constitution amendment any way tyme ll cme wen things will run gud Hakainde Hichilema Garren Ngoma Kenneth Kennedy Richard Hamoonga Micheal Harold Namatama Mundia Loyce Silencer Musonda Lusyomo Trust Mpande Malvin H Maambo Martha Hamusute

  33. It is actually an insult to some of us who contirbute to the constitution making process to say it was not pipo driven.Parlaimentarians represent the pipo not so?

  34. Don’t trouble urself hiding something from an Africa just put it on paper. The amendments were parliament driven meaning driven by politicians. Should i spell it maybe.

    • Webster, are politicians not people?? so you also wanted to be part of it? are you a parliamentarian? that is why they are called lawmakers and not you! grow up!!

    • That’s an old saying,clearly you are not moving with time. Right now Africans or rather blacks are getting more education than any other race,do your research plus fact that ICT development keeps evolving,literacy has greatly improved amongst Africans. What EL & the current government have done is a GREAT achievement & we should learn not to politicize everything. I mean the president has literally given up some of his power for the sake of the nation. What more do you people want?

    • Alfred ba laz Is now acting like da opposite of giving last speech pa malilo u say good whn sameone dies but thm whn da document was been prepared quit now its in place its bad ba laz stupid idiot

    • oden malambo produce evidance of what u are saying before u call as dull,Laz has no direction they just want attention from intelegent pipo like u and yet da dull like me cannot b cheated evidence or its u pipo who follow who will b dull later

    • and why is it that its just among the upnd who are not happy with the constitution? are they the only smart zambian? Not at all. The Able President, justice Minister and Chief Justice are all able members of LAZ, and when they say 80% submissions from pipo are covered, then its fine and the rest is thru a referendum. u wanted these elections conducted mu new constitution? u have it

    • Amano tabashita. Just go back to school, read nd understand, then u will knw what u are talking about. It’s not jst the matter of following the masses. What of if u find that all those u think were write but yet they are wrong, what are u gonna do?.

    • Tongas have issues…what the hell is wrong with u people? Just look at ur comments…..u same ones who r very intelligent why didn’t u oppose it before, now that someone speaks put u want to show ur intelligence? What is it with u people ayi? And just look at ur comments clearly u’re looking down on others….but what makes u think u’re better? Only a few selected tongas r able to reason like normal human beings…rest of u kaya mweh!!!

  35. The moment Zambians will start understanding things using even common sense Zambia shall be saved, Zambians ev an old constitution that’s y we are asking for a full new constitution which will be adopted by the pipo and not parliament. This is what laz means mwabantu bakwa lesa

    • If the concerns by laz are genuine how far ve they gone in sensitizing the masses about the same referendum because me I don’t even know what we ‘ll be voting for in the same referendum. Now what about my grandparents in mporokoso who don’t even know what a constitution is? They just want to make noise over issues which are not even important.

    • Webster, I may be wrong because I don’t have adequate knowledge on the matter but what I know is that pipo cannot adopt a constitution only the parliament can that’s why laws are at times called”acts of parliament”people can only adopt the constitution or any law through their representatives who are parliamentarians….the people will submit what is known as a bill(a law that is not enacted by the parliament yet) the parliament through the committees that deal with the nature of the bill will debate on it either by supporting or opposing it then the presidents assent this is civic education,but the most important issue here is the people driven constitution which will never happen in zambia…the reason is simple what the people want is to share power equally and what the president wants is to be the most powerfull man in zambia…look at what is happening in USA is barrack obama really the only one with authority over all the states of america?would you give up power once you have it?besides some of the bills that people submit if adopted leave the parlamentarians on rocks…that’s my opinion but again it has already been established that every one has an opinion even ma moko moko

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