Constitutionmaking in southern africa freedom house. Zambians duped by the pf government in the constitution. Vivien hart, constitutionmaking and the transformation of conflict, 26 peace. The relationship between the process by which a constitution is developed, and the content of that constitution have not been addressed in any critical way in this publication. A constitution as a legal, social and political document constitutions as legal instruments a constitution marries power with justice lutz 2006. The polish talks, in particular, very explicitly took. Constitution making process in zimbabwe research papers. Not surprisingly, the document proclaims zambia a christian nation, but qualifies this by upholding a persons right to freedom of conscience, belief or religion. Reflecting on zimbabwes constitution making process. View constitution making process in zimbabwe research papers on academia. The draft constitution was praised by all stakeholders and zambians hoped that they would at last get a constitution that would last the test of time. Gpa331 1 explain the budget process in zambia the budget.
It is therefore important to recognise that for the first time in the history of constitutionmaking in zambia, a genuine attempt has been made to involve a very broad spectrum of zambian society in the constitutionmaking process. Interpeace also has a thematic program on constitutionmaking. Constitutional making process in zambia term paper. It supports national teams in countries across africa, asia, central america, europe, and the middle east. It provides a comprehensive statement of the nations priorities. He said the article does not give power to the people to decide on contentious issues when taken to a referendum as parliament still has to dec. This act may be cited as the constitution of zambia amendment act, 2015, and shall be read as one with the constitution of zambia, in thisact referred to as the constitution. The constitution making process has continued over the last 3 years with very little if anything being achieved while colossal sums of taxpayers money being. In the same line, the legal office prepares discussion papers, memoranda and conducts research on legal matters and other issues. Magagula is a student at the university of swaziland in the final year of his ll.
Improving the process of constitution making and constitutional assistance is critical to peacebuilding efforts in the twentyfirst century. Calls from civil society organisations and opposition political parties for the government to establish dialogue mechanisms on the future of the process have gone unheeded. A womens guide to constitution making 1 introduction the purpose of this guide is to support you and other women seeking to influence a constitutionmaking process in your country. I participated in the printing and distribution of the final document and we worked with the foundation for democratic process to distribute the draft to all the districts in zambia. Law from the same university and has done research with various consultancy firms in swaziland before. But there are a number of things to be worried about. Government of zambia act national assembly of zambia. Constitution making and the right to take part in a public. The making of a new constitution in zambia will require a legitimate, transparent, and agreed statutory framework setting out the process, principles, mechanisms, accountability and timelines. They shall also draft the constitution of zambia bill to set the commencement date for the new. The alliance for better zambia abz and the all peoples congress apc, for instance, called for a boycott of the golden jubilee celebrations marking 50 years of zambias independence in october in protest against the governments bad faith on the constitution making process. This development reinforced presidential rule in zambia as the president became the key player on the political scene. Sakwiba counsels zambians on constitution making process. Dating back to time it has been known that the house of lords an effective control on the judgement on whether a bill should be made a law or not.
It is therefore important to recognise that for the first time in the history of constitution making in zambia, a genuine attempt has been made to involve a very broad spectrum of zambian society in the constitution making process. Constitutionalism and democratic governance in africa. Constitution of zambia 1996 ace electoral knowledge. A number of issues affect the development of a countrys constitution, especially when the country has undergone some degree of polit. The draft bill proposes to establish a forum to make amendments to the. Chapter two analyses the origins and nature of government and constitution. Postconflict peacebuilding and constitution making, 6 chi. The undp is pleased with the method zambia has chosen to adopt its constitution and we are tracking your constitution making process as it is exemplary in africa, nyirongo said. This situation report focuses on the challenges of zambias constitution making exercise and recommends how the process can be managed to enhance its. In chapter four, the making of the current constitution of south africa is duscussed and analysed. The national dialogue constitution, electoral process. This act may be cited as the constitution of zambia amendment act, 2016, and shall be read as one with the constitution of zambia, in this act referred to as the constitution. Sikota says even if the constitution was to be adopted through a referendum as many stakeholders are advocating, the constitution will still have to go through parliament to be. The state party acknowledges that violence against women continues to be a challenge.
Participatory constitution making is based on the idea that legitimate government action must include those who will be affected by the action in the decision making process. Calls from civil society organisations and opposition political parties for. The second is a discussion on the triggers of constitutionmaking in zambia since independence in 1964. Over the years, the budget has evolved from being a simple accounting tool to a planning and governance document upon which the success or failure of government. Constitution making process in kenya in precolonial, colonial and postcolonial eras. Constitution of zambia, 1996 by the zambian for zambia. A critical appreciation of the constitution making process in zimbabwe this far the importance of the constitution is undisputable as it is the central point of all governance issues and. Download zambias new constitution as amended elias. The final draft constitution, as leaked, has taken a position on some of the debates which raged during the constitutionmaking process. The rules and regulation that formed the constitutional basis of precolonial communities in kenya were mainly formulated by the councils of elders and then handed down from generation to generation.
Basically, like previous constitutions, this constitution was not a creation of the people of zambia, as they were not involved in its making process. Respected constitutional lawyer sakwiba sikota has counseled zambians to realize that adopting a new constitution through a referendum does not in itself make it law. Aug 12, 2015 respected constitutional lawyer sakwiba sikota has counseled zambians to realize that adopting a new constitution through a referendum does not in itself make it law. The draft bill proposes to establish a forum to make amendments to the 2016 constitution, the elections law and the pubic order act. Improving the process of constitutionmaking and constitutional assistance is critical to peacebuilding efforts in the twentyfirst century. Forces and mechanisms in the constitutionmaking process. About the zambian editor im the curator of all things on the zambian. In a highly remotecontrolled process by the kaunda administration, a new constitution which abolished multipartism and declared unip the only party recognised by law, was passed in 1973. Over the years, the budget has evolved from being a simple accounting tool to a planning and governance document upon which the success or failure of. Zambias constitution of 1991 with amendments through 2016. Explain the budget process in zambia the budget is the most important economic policy tool for macroeconomic management and resource allocation for any government.
Chapter three examines and analyses the constitutional development process in zambia from the precolonial period to the current time. Constitution of zambia, constitution of zambia 1996, constitution of zambia 1996 act, zambian constitution, zambian constitution 1996, zambian constitution 1996 act. History of zambian constitutionpart v zambia daily nation. A critical appreciation of the constitution making process in zimbabwe this far the importance of the constitution is undisputable as it is the central point of all governance issues and one of the tenants of democratisation. Comparative constitutions project, and distributed on. An act to provide for the printing and publication of the amended constitution. Postconflict peacebuilding and constitutionmaking, 6 chi. The zambian government has announced its intention to enact into law a bill to implement the national dialogue constitution, electoral process, public order and political parties. Zambia s constitutionmaking exercise initiated in 2011 is at a critical crossroads because of ambiguities over the modes of validating the draft document, and eventually adopting and enacting the final constitution. Nov 25, 2014 the alliance for better zambia abz and the all peoples congress apc, for instance, called for a boycott of the golden jubilee celebrations marking 50 years of zambias independence in october in protest against the governments bad faith on the constitution making process. The second is a discussion on the triggers of constitution making in zambia since independence in 1964.
The constitution came into being through the zambia independence orderincouncil of 1964 and it grated zambia her independence. Constitution making is the act of reforming the body of fundamental principles that govern a state. The constitution of the republic of zambia, 1991 as amended to 1996 page 1 of 70 constitutional documents available for zambia introductory and comparative notes on the constitution of zambia, including amending act no. Constitutionmaking in southern africa despite tremendous and costly effort on the part of citizens, parliamentarians, commissioners, technical experts, and international partners, two out of the three constitutional processes in tanzania, zambia and zimbabwe have failed at. On the 15 th of january 2014 the zambian watchdog and lusaka times released a leaked copy of the final draft constitution which was reportedly handed to president sata. This chapter explains that the first part of this proposition, that participation is a requirement of a constitutionmaking process, has only re. It can occur in the form of modest amendments or as part of a larger political transition or effort to reform the structure and functioning of the state. Participatory constitution making is based on the idea that legitimate government action must include those who will be affected by the action in the decisionmaking process. That should meet the clamour for popular participation by the people of zambia in the making of their own. Interpeace is an independent, international peacebuilding organization and a strategic partner of the united nations. Constitution making in southern africa despite tremendous and costly effort on the part of citizens, parliamentarians, commissioners, technical experts, and international partners, two out of the three constitutional processes in tanzania, zambia and zimbabwe have failed at the last hurdle, leaving that effort unfulfilled. The state party acknowledges that violence against. Zambias constitutionmaking exercise initiated in 2011 is at a critical crossroads because of ambiguities over the modes of validating the draft document, and eventually adopting and enacting the final constitution. The legal department renders legal opinion to the national assembly management and members of parliament on various issues concerning parliamentary work.
During the stages in the process of lawmaking, bills have to be scrutinised and approve or rejected by the house of lords. Zambians duped by the pf government in the constitutionmaking process 8 december 2015 14. Vivien hart, constitution making and the transformation of conflict, 26 peace. In the third section, the report offers an overview of the current constitution making process 2011 to 20, highlighting recognised strengths and weaknesses. In the third section, the report offers an overview of the current constitutionmaking process 2011 to 20, highlighting recognised strengths and weaknesses. The undp is pleased with the method zambia has chosen to adopt its constitution and we are tracking your constitutionmaking process as it is exemplary in africa, nyirongo said. Constitutionmaking in southern africa the cases of tanzania, zambia, and zimbabwe. The constitution of zambia act, 1996 by the zambian for. Adopting such a constitution is expected to have dire implications for the countrys security and political stability, particularly in the context of the next general elections in 2016. This complete constitution has been generated from excerpts of texts from the repository of the. Zambias constitution making process addressing the. Constitution making process in kenya in precolonial. Apr 03, 2019 the zambian government has announced its intention to enact into law a bill to implement the national dialogue constitution, electoral process, public order and political parties. Mission press, 2004 constitutional amendments 82 pages.