Secret committee to make changes to draft constitution

Secret committee to make changes to draft constitution

winterHighly placed government sources have revealed that the scheme by the PF leaders to temper with the Final Draft Constitution before

Presenting it to the Public and Parliament for Adoption is underway.

The new inclusion will state that for one to stand for president, they should have been at least a ward councilor or MP before and that people whose court cases were disposed of by a nolle prosequi do not qualify to stand for public office.

Further, Justice minister Wynter Kabimba has ordered that all records relating to the current and past drafting of the constitution held in whatever form and anywhere in the country be destroyed and remain with only ten physical copies.

The Technical Committee Drafting the Zambian Constitution has remained resolute and refused to sign and hand over the 10 Copies as directed by President Micheal Sata through Justice Minister  Wynter Kabimba. The committee is demanding an agreed roadmap on how to proceed in accordance with the Terms of Reference that has since been thrown away by State House and Ministry of Justice.

Last week on Thursday, 14th  November 2013, President Micheal Sata

Convened a meeting with Former Chief Justice Annel Silungwe -The

Chairperson of the Technical Committee, who was accompanied by Prof. Patrick Mvunga,Mrs Mwangala Zaloumis and Mr Simon Kabanda who are members of the Technical Committee to try and resolve this impasse.

However, it appears that following that meeting and the uncompromising stance the Justice Silungwe led Technical Committee has taken, Kabimba with his own agenda has advised Sata to insist on the Technical Committee to hand over 10 Draft Copies.

His fear is that if the Committee is allowed to print and circulate more copies, it will be difficult for him to make secret alterations as citizens will be having the Official Final Draft and its content will be in public domain.

So very specific orders have been given to collect every piece of paper relevant to the current Constitution making process and empty all trash bins and erase all data base from Computers including on soft wares and only the 10 Copies should be spared.

The sources have disclosed that the process of altering the Final

Draft Kabimba has already commenced as he (Kabimba) has

set up his own private Committee to review what the Technical

Committee has done in the last 1 to 2 years.

To make this work Kabimba has made a fresh directive in the name of President Micheal Sata to the Technical Committee to not only release 10 copies but also collect all submissions and reports from all District Consultative Foras, Provincial Convention, Sector Groups Convention and National Convention as well as any other pieces of papers with contents pertaining to The Constitutional making process with all names of all those who attended and submitted as work and how they voted at various stages of the current Constitution making process and hand them in to the Ministry of Justice for destruction by burning to ensure that the public does not have anything to refer to and compare with the

doctored Kabimba Draft Constitution to be taken to Parliament for

Final adoption.

This scheme and the secret Committee is expected to gobble slightly

above k70 million ( k70 billion ) tax payers money.

But the Question is: What is it that PF Government is afraid of the

current Final Draft Constitution as finalized by The Justice Annel

Silungwe led Technical Committee a Team President Sata himself


Which clauses is PF Government not comfortable about??

However, imformation reaching us indicates that,The Technical

Committee in the Final Draft Constitution has agreed on the following

critical but popullar clauses that PF is against :-

-To uphold Zambia as a Christian Nation.


-50 Percent Plus one (50%+1) as the winning threshold for a

Presidential candidate.(Majoritarian vote).

-Cabinet Outside Parliament.

-Presidential Running-Mate.

-Direct elections of Mayors/Council Chairpersons during General

Elections by members of the Public.

-Provincial Assemblies.  The proposal in the Final Draft Constitution

is for each Province to have a Provincial Assembly which consider

Local issues of development.

-The Technical Committee agreed on a well defined and espoused out

separation of Powers between The THREE ARMS of Government namely The

Judicially, The Legislature and The Exective to avoid interference and

asaping of another Arm’s powers by another Arm as witnessed under PF

Government interfering with with Judges and Court out-comes and the

Judicially’s operations including imposing a kangaroo ” Jezebel ” as

Acting Chief Justice LOMBE CHIBESAKUNDA.

-The Official Draft Constitution has expanded the BILL OF RIGHTS with

the inclusion of the following :-

(a) Economic,Social and Cultural Rights.

-Rights to Education, Rights to Clean Drinking Water, Rights to Access

to Health Care., Rights to Food.


(b) Elderly, Youths and Children’s Right.


-Election for Members of Parliament is now through a Mixed Member

Proportional Representation System with a number of Constituencies

based on Seats where MPs will be directly elected on a

First-Past-The-Post hence producing an unbalanced and ruling Party

biased Parliamentary composition which makes ruling Parties use

arrogance of numbers in passing draconian Laws and Bills, while in the

Official Final Draft the Technical Committee agreed tha a percentage

of Seats will be reserved for a closed list Proportional

Representation System.

Under this Proportional Representation System, a Quota of Seats in

Parliament will be reserved for Women,Persons with disabilities,

Youths etc.

Meanwhile, The Technical Committee removed from the Official Final

Draft the controversial Article on the Marginalized and Minority

Rights, which raised suspensions that this would promote GAY RIGHTS and the sources have disclosed that PF want this Article back in the


We are reliably informed that, Kabimba’s Secret Technical

Committee will infuse clauses that will technically bar or disqualify some Presidential candidates and Parliamentary Candidates from contesting elections.

One such critical clause will state that candidates who had court cases  that were disposed of on nolle prosequis  will not qualify to stand for president because the nolle prosequi is not an acquittal.

The other critical clause will be that for one to contest the Presidency they should at least have been a ward councilor or MP.

This clause is targeted at UPND leader Hakainde Hichilema and other Presidential hopefuls like MMD and NAREP’s Dr Nevers Mumba and Ellias Chipimo respectively leaving PF in a race with very weak candidates like George Mpombo, FDD and Heritage Party’s Edith Nawakwi and Gen Miyanda respectively who have been Members of Parliament before and hand PF with a sure victory.

Many other technical clauses will secretly be included aimed at fixing political opponents as well as The Media, OASIS FORUM,NGOs,CHURCH and CSOs to promote A ONE PARTY SYSTEM.

It’s this kangaroo Kabimba Final Draft Constitution which will be

presented to the Public and finally to Parliament for adoption into a


This secret Committee has presented a k70 million budget (k70 billion) to its Master, the Minister of Justice Hon. Wynter Kabimba and President Micheal Sata is very much in support of this scheme.

It’s however, difficult to guess the reactions from other stakeholders

like the Church (OASIS FORUM,CHURCH MOTHER BODIES), Civil Society Organizations,The Media and Opposition Parties that are so divided and hit with serious disintegration as some are working with ruling PF Government even in doctoring the official Final Draft Constitution and it would not shock or surprise anybody if we discovered that some of these CSOs and Church leaders are part of the Secret Committee  re-reviewing the official Draft Constitution from its official form as drafted by the Technical Committee.

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