Oasis Forum says piecemeal amendments are unconstitutional

The Oasis Forum says the piecemeal enactment of the new constitution will take away the power of the Zambian people to control the content of the constitution.

Oasis Forum Chairperson Fr Cleophas Lungu in a statement explains that all constitution amendments in the past have been made by a Bill presented to Parliament by government, which means that it is Government and not the people of Zambia who decide what goes into the constitution.

Fr Lungu says a people driven constitution is one in which the people decide what goes into the constitution, not the government.FR LUNGU

He says government is not the major stakeholder in the constitution making process, but a mere facilitator and therefore should not turn themselves into the drivers of the process.

He adds that the suggested piecemeal enactment of the constitution is actually itself unconstitutional, adding that the idea of piecemeal constitutional amendments has failed to deliver the desired results every time.

Fr Lungu further states that the Oasis Forum does not agree with government’s argument that there is no money to hold the referendum before 2016 and then hold the 2016 elections.

He says this is because the country has held two unbudgeted for presidential by-elections in 2008 and 2011 following the deaths of Presidents Levy Mwanawasa and Michael Sata respectively.

Fr Lungu points out that this is clear evidence of the fact that where there is political will the Government can hold a national referendum, adding that there is no reason why Zambians cannot adopt a the new constitution through a referendum before 2016 and hold the general election in 2016.

He adds that the issue of voter apathy in the recent presidential by-election should not be an excuse to forego a referendum, arguing that the threshold for a successful referendum can be met.

He says while the threshold for holding a referendum is 50% of those eligible to vote, 54.9% of the electorate voted in the 2011 general election, 70.77% in 2006, 68.55% in 2001 and 58% in 1996.

Fr Lungu says this is an indication that the required referendum threshold can be met.

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