The National Dialogue Forum (NDF)’s setbacks of its mammoth task to address adequately the flaws in the current constitution are time and legal framework. The current time and legal framework limits the NDF’s ability to adequately address many obvious flaws in the current constitution, which was amended in 2016: Among them are the relationship between the Supreme Court and Constitutional Court (ConCourt), the election petition and the period of hearing the petition, and election of the Republican President.
First and foremost, the proposed NDF timeframe is not adequate to address obvious various flaws in the current constitution. The minimum timeframe to complete the task would have been 45 days.
Secondly, Section 15 of the NDF Act of 2019 violates the citizens’ right to remuneration, and negatively impacts on the NDF participants’ ability to concentrate fully on the work.
This is the first time the country has relegated the work of reviewing the national document to voluntary work without remuneration
However, various critical issues for holding transparent, free and fair elections, and how to promote peace, security, unity and intra-party democracy should be addressed.
The relationship between the Supreme Court and Constitutional Court (ConCourt): The Supreme Court should be re-assigned as the highest Court in the land. The ConCourt should be relegated to the division of the Supreme Court: Handle constitutional rights cases only, and not election petition cases.
Zambians were subjected to speculations and anxiety when the election petition case was still active in the ConCourt.But what lessons can be drawn from the ConCourt’s election petition case that was not heard? There is need to bring fresh ideas into the country’s electoral process: Push boundaries of the current thinking and carry lessons that can be replicated in other democracies.
Settlement of election disputes: A fast-track Election Court, which will be the division of the Supreme Court and which will settle major election disputes, should be created within the ECZ’s ambit.
The Election Court shall handle the election disputes taking over from the ConCourt.
In this case, the proposed increase of number of days to hear the petition from 10 days to 30 days does falls off as it does not address the current problem. •Verifying disputed election results: The aggrieved person should file a petition seven days after the official election results are announced and specify the inaccuracies of the said results.
Then, the Election Court will verify the accuracy of presidential election results via examining parliamentary, mayoral/Council chairperson and Council-ward election results within seven days. The Election Court will not receive fresh evidence.
The Supreme Court‘s full bench will hear the case 14 days after the President has been sworn–in If the petitioner is not satisfied with the Election Court‘s determination of the matter.
The voter who votes in the presidential election is the same person who votes for the Member of Parliament, Mayor/Council chairperson and Councilor. Or the President is elected together with Members of Parliament, Mayors/Council chairpersons and Councilors.
So, the voting pattern at parliamentary, mayoral/Council chairperson, and Council –ward elections represent presidential votes, and reflects presidential voting pattern.
• Transparent electoral process: A transparent electoral process should be developed to minimize election disputes: Conduct elections in three phases: Election preparations, Election campaign and Election results; and settle disputes within ECZ’s transparent electoral process ambit.
The current majoritarian system of electing a President does not add value to our democracy. It should be repealed and replaced with the Electoral College system: “The President shall be elected in six of the ten Provinces with over 50 percent of the vote in each Province, and elected together with at least 88 Members of Parliament (80 elected and 8 nominated).” • Political parties’ succession systems: The President of a political party should serve for a maximum two consecutive five-year terms. Or the political parties’ succession systems should resonate with the Republican Constitution.
•Electoral system: Holding 2021 elections under the current electoral system that almost brought the country down on its knees is unacceptable! However, it’s worth noting that previous constitutional making process in Zambia often flopped due to competing interests: It is most likely that we will go back to the work of reviewing the constitution after the 2021 polls.
The author is a media consultant and political analyst
How can the NDF address the flaws in the current Constitution?
By Justin Mupundu
The National Dialogue Forum (NDF)’s setbacks of its mammoth task to address adequately the flaws in the current constitution are time and legal framework.
The current time and legal framework limits the NDF’s ability to adequately address many obvious flaws in the current constitution, which was amended in 2016: Among them are the relationship between the Supreme Court and Constitutional Court (ConCourt), the election petition and the period of hearing the petition, and election of the Republican President.
First and foremost, the proposed NDF timeframe is not adequate to address obvious various flaws in the current constitution. The minimum timeframe to complete the task would have been 45 days.
Secondly, Section 15 of the NDF Act of 2019 violates the citizens’ right to remuneration, and negatively impacts on the NDF participants’ ability to concentrate fully on the work.
This is the first time the country has relegated the work of reviewing the national document to voluntary work without remuneration
However, various critical issues for holding transparent, free and fair elections, and how to promote peace, security, unity and intra-party democracy should be addressed.
The relationship between the Supreme Court and Constitutional Court (ConCourt): The Supreme Court should be re-assigned as the highest Court in the land.
The ConCourt should be relegated to the division of the Supreme Court: Handle constitutional rights cases only, and not election petition cases.
Zambians were subjected to speculations and anxiety when the election petition case was still active in the ConCourt.But what lessons can be drawn from the ConCourt’s election petition case that was not heard?
There is need to bring fresh ideas into the country’s electoral process: Push boundaries of the current thinking and carry lessons that can be replicated in other democracies.
Settlement of election disputes: A fast-track Election Court, which will be the division of the Supreme Court and which will settle major election disputes, should be created within the ECZ’s ambit.
The Election Court shall handle the election disputes taking over from the ConCourt.
In this case, the proposed increase of number of days to hear the petition from 10 days to 30 days does falls off as it does not address the current problem.
•Verifying disputed election results: The aggrieved person should file a petition seven days after the official election results are announced and specify the inaccuracies of the said results.
Then, the Election Court will verify the accuracy of presidential election results via examining parliamentary, mayoral/Council chairperson and Council-ward election results within seven days. The Election Court will not receive fresh evidence.
The Supreme Court‘s full bench will hear the case 14 days after the President has been sworn–in If the petitioner is not satisfied with the Election Court‘s determination of the matter.
The voter who votes in the presidential election is the same person who votes for the Member of Parliament, Mayor/Council chairperson and Councilor. Or the President is elected together with Members of Parliament, Mayors/Council chairpersons and Councilors.
So, the voting pattern at parliamentary, mayoral/Council chairperson, and Council –ward elections represent presidential votes, and reflects presidential voting pattern.
• Transparent electoral process: A transparent electoral process should be developed to minimize election disputes: Conduct elections in three phases: Election preparations, Election campaign and Election results; and settle disputes within ECZ’s transparent electoral process ambit.
The current majoritarian system of electing a President does not add value to our democracy. It should be repealed and replaced with the Electoral College system: “The President shall be elected in six of the ten Provinces with over 50 percent of the vote in each Province, and elected together with at least 88 Members of Parliament (80 elected and 8 nominated).”
• Political parties’ succession systems: The President of a political party should serve for a maximum two consecutive five-year terms. Or the political parties’ succession systems should resonate with the Republican Constitution.
•Electoral system: Holding 2021 elections under the current electoral system that almost brought the country down on its knees is unacceptable!
However, it’s worth noting that previous constitutional making process in Zambia often flopped due to competing interests: It is most likely that we will go back to the work of reviewing the constitution after the 2021 polls.
The author is a media consultant and political analyst
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