YALI wants new constitution after 2016

A None Government Organisation called YALI or Young African Leaders Initiative has come up with a proposal that a new constitution should be out after elections of 2016.

Briefing the press Wednesday morning YALI President Andrew Ntewewe said this would enable the country save over 500 million if the process is held together with the general elections due in 2016.

Below is his full address to the media.

Wednesday, 9th July, 2014

Good morning distinguished ladies and gentlemen of the press.
This press briefing is aimed at reacting and clarifying the position of the YALI in relation to the article that appeared in the Post Newspapers on Tuesday, 8th July, 2014 headlined ‘YALI wants constitution after 2016’
First and foremost, we would like to inform the nation that we did indeed submit a proposal to the Ministry of Justice on 13th May, 2014 dubbed the 10-point Master Plan on the conclusion of the constitution making process. The master plan is simply a proposed road map that seeks to bring stakeholders together and provide a platform for a negotiated process on the constitution. The rationale is based on the fact that Zambians from all walks of life should not shy away from negotiating the provisions that have caused the impasse on the constitution while government must not remain mute but instead provide leadership and direction on this very important process. Additionally, note must be taken that the Technical Committee on Drafting the Zambian Constitution (TDZC) had earlier proposed public validation of the final draft Constitution, a process that did not take place. Through a negotiation process, the master plan provides for validation of the final draft constitution.
Lessons from the Kenyan and Zimbabwean processes, speak to high level negotiations among political parties and stakeholders to arrive at a consensus that has culminated into holding successful referendums and giving their respective countries new constitutions.
It must be mentioned from the onset that the intention of the YALI was to hear the response of government before the master plan could be availed to the public for debate and further consultations with stakeholders to seek their buy-in and involvement. However, given that it is already in public domain we find it prudent to take this opportunity to explain the master plan with a view of raising debate and hope that as a result of this, government will move quickly to give leadership and direction on the matter of the constitution reform process.
This road map takes into account positions taken by civil society and government on the constitution making process. By so doing, the master plan seeks a negotiated approach that ensures that all stakeholders’ views are taken into account and negotiations ensue to reach some form of consensus and meet at some convergence point and pave way for the final adoption of the constitution that will stand the test of time.
In view of the different positions taken by stakeholders and Government response, the Young African Leaders Initiative (YALI) proposes to Government a master plan for the conclusion of Zambia’s constitutional reform process. The proposal is one where the government releases the final Draft Constitution to the public, a legal framework put in place, negotiations happen and consensus built and the subsequent holding of the National Referendum alongside the 2016 Presidential, Parliamentary and Local Government Elections, Enactment of the new Constitution of Zambia during the first sitting of Parliament (post 2016 General Elections) and operationalizing of the new Constitution in 2017
Fundamentals for Negotiated Approach
In view of the divergent positions taken by both stakeholders and Government, YALI is proposing a negotiated approach that will lead towards the constitutional reform process becoming a national and unifying project. Leading to the proposal for a negotiated approach, the following four fundamentals were taken into consideration:

1. Legal Framework
This Master Plan can inspire confidence in the negotiated approach to concluding the constitutional reform process if Government takes leadership and come up with the legal framework that will protect the process and content. The legal framework must include the negotiated roadmap towards the Referendum in 2016 and its final enactment by Parliament during the first sitting after the 2016 tripartite elections.

2. Cost Analysis
The cost of running a referendum is equivalent to the cost of running a general election. YALI is aware that the approximate cost for the 2011 General Elections stood at K322 Billion. In view of the depreciating Kwacha and the timeframe, the cost of the referendum is projected at (rebased) K450 million to K500 Million. If the referendum is to be held separately anytime before 2016, approximately 2 years from now, taxpayers will have to spend a total of about K800million to K1billion to which Government argues that it would have to divert funds from priority areas such as health, education, agriculture, and infrastructure development. In view of the above, YALI has proposed the holding of the Referendum alongside the 2016 Tripartite Elections.

3. Duration
The timeframe for holding the referendum has direct implications on the cost and other activities associated with national governance and developmental priorities. There is practically less than 2years before the next General Election in Zambia. The year 2015 will be marked by increased political campaigns by political parties in readiness for the 2016 elections. This entails that the political scene will be polarized and the general euphoria may render the holding of a successful referendum impossible. In view of the above and for purposes of allowing adequate negotiation and consensus on the draft Constitution, YALI proposes the referendum is held in 2016 after all is agreed among stakeholders and government.

4. Constitutional Provision (Article 79), 1996 vs. the Referendum Act, 1969
The provisions of Article 79 of the Constitution of Zambia enacted in 1996 and the Referendum Act enacted in 1969 must be reconciled and consensus on holding the referendum using these two instruments must be reached. There is a risk factor on the referendum in that if the process if rushed and has not received consensus, the nation may not meet the required numbers of threshold as required by Article 79. It is a fundamental issue that the nations go to the referendum to simply endorse the proposed constitution as opposed to subjecting it to a contest of YES or NO. This therefore requires that all stakeholders reach an agreement on the proposed constitution for the referendum to be successful.

YALI proposes 10-Point Master Plan leading to the enactment of the constitution

Step One: YALI proposes that Cabinet spends a reasonable time to endorse the work of the Technical Committee and provide authorization for the release of the Draft Constitution.

Step Two: YALI proposes the release of the Draft Constitution on August 1, 2014 by His Excellency the President of Zambia, Mr. M. C. Sata. During this period, we propose the Solicitor General and Law Association of Zambia (LAZ) take a lead in proposing the necessary legal framework for protecting the process, deal with matters incidental to holding the Referendum and enacting the Constitution. The period can run up till the time when the Ministry of Justice submits to Parliament the proposed Bill for the legal framework and it is proposed that the proposed 10-steps are made as appendage to the framework.

Step Three: Upon Release of the document, we propose the document is subjected to 2 months of public scrutiny by various groups. Note must be taken that the TCDZC had earlier proposed public validation of the final draft Constitution, a process that did not take place. This proposed step will therefore allow the public to scrutinize the draft Constitution as submitted by the TCDZC to Government and, should there be any contention or objections raised, submit the same to the Negotiating Committee of stakeholders. This third step is expected to end on September 30, 2014.

Step Four: YALI proposes the draft Constitution and various positions be subjected to formal negotiations starting on October 1, 2014 with the formation of a Constitution Negotiating Committee composed of Government Representative (e.g. Solicitor General), the Law Association of Zambia and proposed Task Managers, below, who will define issues of contention identified during the Silungwe review process. During the end of this process in January 31, 2015, the Committee is expected to reconvene a National Convention comprising of stakeholders for purposes of negotiations and consensus building on the final negotiated Draft Constitution that shall be submitted to the Referendum. This process can be financed from remaining allocation towards constitutional reform in the 2014 National Budget with the re-constitution of the National Convention budgeted for in the 2015 National Budget.

Step Five: with the end of a negotiated process on the final draft Constitution, we propose that His Excellency, President Sata appoint a Referendum Commission by February 1, 2015. In line with Government position on engaging stakeholders on the roadmap towards the referendum, we propose this period is utilized by the Commission to engage with various stakeholders on matters incidental to holding the National Referendum which is proposed for in Step Ten.

Step Six: With an agreed position on the Draft Constitution and feedback from various consultations held on the roadmap, we propose the Referendum Commission frame the referendum question and begin to publicize to citizens on progress or any alternative proposals towards the referendum. We propose this period take place between June 1, 2015 and July 31, 2015.

Step Seven: for the period of five months ending starting on August 1, 2015 and ending on December 31, 2015, we propose the Referendum Commission and the Electoral Commission of Zambia (ECZ) recruit and train referendum officers, printing of Referendum materials and do any such other work in readiness for the referendum. We propose that funding for this process be included in the 2015 National Budget although the Referendum Commission may lobby for funding from willing cooperating partners.

Step Eight: Beginning January 1, 2016 until the time when the referendum is held, we propose ECZ conduct voter registration exercise and update the voters roll by ensuring eligible voters are captured and ready to participate in the referendum. During this period, we propose the Referendum Commission conduct national-wide public awareness campaigns on the Referendum with clear messages on the need for citizens to participate and cast the ballot on the Constitution. We propose the Ministry of Finance provides for this exercise in the 2016 National Budget although funding from willing cooperating partners can be sourced by the Commission.

Step Nine: We propose the National Referendum is held alongside the 2016 Tripartite Elections for Presidential, Parliamentary and Local Government. At each polling station, citizens will be made aware of the referendum ballot which will be cast in separate ballot box. This measure of holding the National Referendum together with the General Election is expected to provide for consolidated expenditure from Government and cooperating partners. By implications, the 2016 General Elections will be held under the 1996 Constitution of Zambia.

Step Ten: Shortly after the General Elections and the successful holding of the Referendum, we propose that the Parliament enact the New Constitution of Zambia. We propose that the enactment of the new Constitution is done during the first sitting when newly elected MPs are sworn in.

Conclusion
The Zambian people have longed for a very long time a constitution that entrenches democracy, builds strong institutions of governance and ensure human rights for all human beings are enhanced. It is for this reason that we call for leadership on the part of government and constructive debate and engagement from all stakeholders.

ANDREW NTEWEWE
PRESIDENT