Zambian since independence it has been characterized by constitutional instability. This has been attributed mostly to the fact that such constitutions have lacked legitimacy. The current cabinets members thinks that the constitution legitimacy can only comes from among them, to the contrary.
The members of the public should know that the delay to enact a people driven constitution is doubtful. Max says that”, law is worked into a code of law which is appropriate to the needs of the dominant class or bourgeois in the society”. Many governments use wealth as a tool to control law and state at the expense of the national development. According to max,” the law is an instrument used for oppression low class citizens”. Enacting a constitution through the parliament is worse process as it comprises most of members from dominant class. These MPs they do not even consult their people and in most cases voting in august house is partisan which do not represent the wish of majority Zambian.
The PF government should know that for a constitution to be legitimacy, the following should be in place:
-it should command the loyalty, obedience and confidence of the people.
-it should be understood and acceptable by the people, simply means, it should be put through a process of popularization, with a view to generating public interest.
-adoption has major implications on its legitimacy. A basic legitimacy of the constitution is that people should be involved in the process of its making. It should be subjected to continuous public discussion up to the time of its final enactment.
It is up to the members of the public to rise to the occasion and demand a referendum as mode of adoption. The issues surrounding the constitution making process is a great concern to many Zambians. Like max said, “the state itself is also a political organization serving the interest of the dominant and bourgeoisie in a society”. The well meaning Zambians should reject the piece meal mode of enacting a constitution through the parliament as proposed by PF government. Lets us all demand a new constitution before 2016 general elections for better Zambia.
By Willie limata, chingola