Voter challenges MP Kapata over NCC
A Zambian has challenged Mandevu Member of Parliament to either resign or take part in the National Constitutional Commission (NCC). In a letter addressed to Kapata and copied to parliament, Law Association of Zambia and the Patriotic Front, Charles Longwe argues that Kapata is in error.
The entire letter is reproduced below:
P.O. Box G35
Garden Park
Lusaka
9th November, 2009
Hon. Jean Kapata MP
The Member of Parliament
Mandevu Constituency
Lusaka
Dear Madam,
RE: NON PARTICIPATION AT THE NATIONAL CONSTITUTIONAL CONFERENCE -YOURSELF
My name is Charles Longwe, a resident in the Constituency under your representation in the National Assembly. During the last parliamentary elections In 2006, I cast my vote at Olympia Basic School in Mulungushi Ward. (a copy of my Voters Card is attached) and a law abiding citizen of our beloved country, Zambia.
Hon. MP, I write to you upon careful perusal of the National Constitutional Conference (NCC) Act No. 19 of 2007, which legislation came into effect after the publication of Statutory Instrument No.68 of 2007 in the Gazette. The Bill was passed by the current Assembly in accordance with Article 78 (1) & (6), Article 79 (7) and Article 80 (2) of the Constitution. During which time, you being the incumbent elected Member of Parliament (MP) are representing the people in Mandevu constituency. Performing the civic duty therein, notwithstanding the constituent’s social, political, economic, cultural backgrounds or status until the day when the legal term of the House ends.
I am applying the purposive approach in interpreting the statutes herein since a certain amount of common sense must be applied in construing statutes and the objects of the Act must be considered.
The NCC has an unambiguous mandate and precise terms of reference in line with the Act. Following the passing of the Bill into law, which background I need not echo here on the assumption that as a parliamentarian you are familiar with the debates, all identified individuals (including yourself) were appointed in accordance with Section 4 (1) of the Act and thereafter the Conference was established and commenced its sittings.
Hon. Kapata, you are well aware of the complex challenges we the Zambian people have had in our quest for a better constitution. History can speak for itself; however, allow me to state that “there have been four (4) Constitutional Review Commissions in Forty (40) years of this young nation’s existence”.
Many things can be said about all these Commissions, nonetheless, the most recent Commission (Mung’omba) made recommendations for the creation of a body that would examine, debate, recommend or adopt, as the case may be, a new Constitution. It was argued that enactment is a preserve of Parliament according to Article 62, (the Government was reluctant but hedged the provision for any amendments to this Article) hence the NCC was established as opposed to the Constituent Assembly (CA) contrary to popular perception.
However, I am in utter dismay at your decision, which is contrary to written law, not to represent the electorate at this important constitution making process. Instead you chose to take a partisan position on such an important issue as the constitution making which is in the public interest.
I am persuaded that this scenario cannot henceforth go on unchallenged whereas, the mandatory obligation is on all MPs to participate. On the other hand, the Executive with the approval of National Assembly (to which you belong) has continued to commit enormous sums of public funds for this very undertaking. I am not in approval of the double standards being exhibited here.
In my view, an elected representative as provided for in Article 77 (3) Constitution is supposed to participate at this constitutional making platform, alas we are left without a voice or advocacy at such a forum dealing with issues that concern all constituents in Mandevu. I do hope on the other hand you are mindful to the fact that no other person can represent the Mandevu constituents.
I am alive to the arguments (the road map, composition,etc) arising from the debate resulting in the boycott or non-participation by some organisations who among them are some Non Governmental Organisations (NGOs), some Church Mother Bodies and the Patriotic Front (PF), a political organisation from which you belong.
Honourable Kapata, I am cognizant of the fact that your political party organisation neither subscribes nor supports the NCC in its current formation. However, as an elected representative of the people of Mandevu constituency and in view of the mandatory duty placed on you as MP in section 4 (1) (a), you owe it to yourself as area MP and to us constituents to responsibly participate at NCC. The mandatory obligation is instituted on all MPs by law, passed by this Assembly of Parliament.
In my view, the argument advanced by your party, warranting it not to participate at NCC is justified but limited to individuals in section 4 (1) (b) of the Act and not elected Members of Parliament. Under the law, the party retains the privilege not to nominate a representative (some organisations opted to do just that). Once appointed, the nominating institution is restrained from interference hence guaranteeing the appointed member’s right to exercise freedom of expression or conscience at the Conference. Therefore, the National Assembly does not coach its representatives to the Conference in any particular manner. In fact, this privilege is for to all NCC members even as provided in Section 14 of the Act.
I vouch for all law abiding citizens when I say that you have a mandatory obligation to participate at the NCC as provided by the law and it is not discretionary or a matter of choice. I here re-state that your party’s arguments can no longer hold in denying the electorate the constitutional right of representation at the NCC and further distance you from your election promise of being an effective ambassador of the people of this area on matters that do affect or concern them.
Hon. Kapata, at such a time as this, in our Nation’s history carefully examine your conscience, then weigh your sense of patriotism and loyalty to the overall interest of the Nation against party interests. There are times where we as a people should rise above partisan politics for the sake of all Zambians. I contend that the narrow interests of a political organisation must never override the Public interest. In my view matters of public interest include defence & security, public safety, public order and public morality. Otherwise we will turn into a society governed by jungle law or a Junta.
Let me cite a classic illustration of this case, the Conservatives Party in Britain, had made a political promise that once in power it would hold a referendum on their Country’s decision to ratify the European Union (EU) Treaty. But recently it withdrew that pledge following the ratification of the Treaty by all the Member States acceded to the EU Agenda, the last to sign was the Czech Republic. The Tories and all their MPs abandoned the pledge even against their own much published position. They did this upon the recognition of the fact that the Treaty was now law and hence it is binding on all States. In other words, an offence is not taken into account where there is no law but in the present case, you are duty bound by statute and compelled to participate in obedience of the law.
I fully appreciate the reasons or grounds which may have led to the decision by your party as well as some organisations to boycott their participation at the NCC, but I am here addressing the issue of an elected representative’s non participation at the Conference contrary to the provisions of the law. Clearly distinguish that under the Act, your participation at the NCC is premised of your membership at the National Assembly and not party affiliation.
Someone may insinuate and say that once compelled to participate, a member may oblige and yet remain mute during debates at the NCC. Granted, but that would not be surprising, since we the public are accustomed to observe how some MPs, who apart from their maiden speeches, have not uttered a single sentence in Parliament! I am rather more confident of better things in your case since you would represent and debate effectively in the NCC as in the National Assembly.
Furthermore, the continued reticence from the Parliamentary Standing Committee on this matter can no longer be glossed over, as it is unacceptable in a constitutional democracy. The continued scenario only guarantees a recipe against the smooth adoption of the constitution by a “small school of politicians” at the enactment stage in Parliament. In saying this I am well aware of the provision in Section 14(a), however, if this situation goes on unabated it may erode the confidence and integrity the public has in Parliament as an Institution and defeats the whole purpose of having provided for all MPs be part of an adoption process.
I am concerned that if this situation remains unabated, the independence and effectiveness of the National Assembly as a representative agent of oversight, change and reform in the democratic governance of Zambia may be at crossroads.
It has been authoritatively said that laws are meaningless unless there is power to enforce them by imposing penalties on those who break them. The jurisdiction of the House over its own Members and the right to impose discipline within the precincts is absolute and exclusive. Soon enough, Parliament may have to be called upon to exercise its penal powers on those in err. This may become necessary in order that Parliament protects its dignity as a representative of the sovereignty of the people who elected it.
Nevertheless, if you adhere to your current position in this matter and are unwilling to act as member in anyway, who then is representing the electorate? In my view, there remain only these options hereafter;
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To continue with the breach of the law.
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To resign from Parliament, in order that, as a member of your party you remain justified with your organisation’s position on this matter.
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To seek an amendment of the NCC Act , so as to atone for your current predicament, otherwise
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To acclaim that you are in contempt of Parliamentary etiquette and decorum, since in my view, your conduct is affront to the dignity of the House.
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To reserve the right to vote wisely the next time around.
It is clear to me that the law has authority over a person for as long he /she lives. Therefore, a law maker should be the first in-line to demonstrate high esteem for the principles they enshrine. I wonder what kind of nation this would be if we all chose to disregard the law based of the mere fact that we feel that we lost an opposing view or motion during the enactment process of a Bill. If this becomes a norm, then all citizens will opt not to be subject to laws, such as PAYE, on taxation. I say this in light of your disposition, which signifies, that obeying the law is discretional.
So then, the non consideration of these facts of law should not result in the denial of the sovereign right the people of Mandevu Constituency have of being represented at this statutory body. An informed electorate is an important component of any healthy, stable democracy hence a Member of Parliament and constituents need to exchange ideas and information vital to carrying out the representative function of an elected member.
I hope you patiently endured with my letter, even as I endeavoured to have you realise the need for accountability to the people you so claim to represent and please accept the courtesy of this letter whereas I am expecting a response from you, in writing, within the next Five (5) days.
Yours Sincerely,
Charles J Longwe
A Concerned Citizen
CC The Speaker -National Assembly of Zambia
The Attorney General- Ministry of Justice
The President- The Law Association of Zambia
The Secretary General – Patriotic Front
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This is a test case for the PF!
Can they say that this is bluff? No! I think this citizen ought to be comended for this good exposition of the NCC saga.
I have seen that some comments so far are merely showing ignorance of the law.
This guy has put the PF MP in a tight corner… I would be interested to hear their what they have to say in response, since they are law makers.
Zambia has dull law makers who just say hear hear in that parliament and just wait for gratuity after five years. even prof chirwa once said that our mps are below Parr!
Can someone out there say that Longwe is just yapping? please give us your side of the law instead.
VIVI VOTER for making the mp accountable
lets respect mr longwe’s openion,if you know what his name means than you wouldnt be suprised..
Iwe ” ZIONEKE” u just want the MP to attend NCC so that zioneke ndalama akuchekeleko. Who is C.Longwe to demand an answer from honourable within 5days? Look at the language Charles has used , he is definately a very elite and well informed person, it goes without saying he is sponsored by Movement for many dogs to cause confusion. NCC has no direction, we are voting in 2011 just around the corner, why not conclude the constitution now, they want to do like FTJ who delayed to announce MMD candidate till last hr.Many issues need early clarification like presidential candidate qualification , we dont want few months before nominations then u conclude that nobody above a certain age to contest for presidency …chaos …Lets know now. Hon is doing the right thing. Please Hon. never sucuum to this pressure do other things that are beneficial to ur constituency.
The MP should now go to this cooked up NCC and take the money from whoever is paying and sit there like someone who knows they have committed no crimes.
“No comment your honor”.
In police interviews the same thing….”No comment”
THIS IS YOUR RIGHTS!!!
The worry is that stupid moronic MMD heavy thinkers(fatties) will then call the MP a money w.hore for attending the NCC.
You can’t please dictators who demand you do things.
C.C to my dustbin!
C.C to the minister for sanitation
C.C to anybody who gives a damn.
The legacy! I am upset with some of the comments posted here which are hollow and i suspect most of the guys are from Lusaka times were there is no critical analysis. When one has a different view from yours it does not mean he/she is sponsored or bought by MMD. This syndrome will soon catch up with us and we shall be be a people of no direction just accusations after accussation just coz one differs with you in opinion. What Longwe has put up is right and much more his human and democratic right. The simple truth is if Kapata and others can not obey the law which he was part to then what is she doing in parley and what will become of the people he represent. When it comes to matters of such nature we should avoid stupid excuses and be objective. It is sad to see people who say they represent the masses only to snub them when it suits them. When you are in parley and a bill is passed into law, it does not matter whether you were for or against you have to abide by it and encourage your electorates to be law abiding. Parley should punish MPs that have not obeyed the law period. Consititution making wherever you go is expensive. Sata is saying the RB gvt has abandoned Levy’s legacy but this NCC is part of his legacy and so if Sata is true to himself(i know his not) he should allow his MP’s obey the law coz that is what Levy stood for! Kapata, Kambwili, Scott and others are let down to the new generation of leaders we want.
Senior Citizen just announced his real name.
If you can’t see the same grammar used by this letter and past posts here you are blind.
This is the style of Senile Citizen to write a letter and try to shame someone via media.
Yes the person who said he could of simply visited his MP in his own constituancy instead of trying to use media to manipulate was correct.
This is MMD’s tactics to try and use laws when they need to and not when they should do.
Charles Longwe(S.C) if you don’t like what your MP you voted for is doing then don’t vote for them again.
Sell your voter card to MMD.
Sell your soul to the devil.
Quote “Someone may insinuate and say that once compelled to participate, a “member may oblige and yet remain mute during debates at the NCC. Granted”
Well then would you be happier if your MP went there and took all the money and kept quiet?
Would you be complaining just as much?
You have stated that a member has such rights but you want to demolish them here at the same time as demanding they participate.
You have used words that are conflicting but yes this is your normal style and tactics.
The truth can always overcome lies.
Senile you are the biggest liar.
I do sympathize with Longwe, but only with regard to his expounding on the legal position posed by the enactment of the NCC. I wish to advance 2 opinions:
1. The NCC business though very necessary and legal, has cost the nation wealth which could have built good community schools and health centres in different parts of the country. It is evidently clear that the main issues drawing the nation backwards, corruption, looting of the economy are relegated in the background forever. That document people are doctoring and spending days and nights changing was completed by a vibrant team led by our great Mung’omba, and represents the views and wishes of the people of Zambia. It makes my heart bleed to see a collection of minions, though composed through a legal process, start to tear people’s minds apart! What sort of documents are we going to have down the road? id the people suggest all those missiles and axes we are witnessing in the “over-corrected” piece of paper? The people of Zambia are a very angry people! Angry because “we feel you folks are always taking us for granted!” There have been some useless arguments in NCC as mediocre as in the spelling of “constituency”, because the whole legal business is just a waste of resources.
Hon Kapata and other MPs have more issues to attend to than argue on spelling mistakes. Which crop of MPs will ever improve the lives of people in the shanties and villages in Zambia? For now NONE! You can think all MPs are dead.Look at the townships in Lusaka!If they manage to organize ROBOTS at dusty road junctions, they are heroes, for whom? . I must have missed the funeral, because I don’t mind them such lazy people trying to going to heaven or hell for God to judge them. These MPs and their counterpart local authorities have let down the majority of us Zambians who no longer regard with any reverence, if any.
Please watchdog, keep information about MPs away from me alone, I can vomit. These guys have brought a very bad culture to Zambian development and if this is passed on to the next generation we are going to perpetually wallow in poverty as a nation. They are an extinct lot. They do not exist.
CONCLUSION
MPs and NCC have no are liabilities to Zambia. They both add to our misery and must be replaced quickly; we need a new breed and a better system of governance, not looters creating parastatals and conferences which yield nothing but economic loss! We are fed up!
MMD or not MMD, the constitution is an important matter, Unless the PF what to continue wasting our money by having another constitution if the take over in 2011. At least they should have contributed. The issue of the NCC being a waste of the resour es does not hold water. By being in parliamentthey are already chewing our resources. By the way, why was PF so mute between septenber and augest when parliament increased their salaries. and could the PACT bedfellows explain how they are dealing with NCC since to the PF it is evil, but to the UPND its OK.
Mr. Longwe is fighting a losing battle. Yes he should one of the MMD sponsored foes
Is Hon . Jean Kapata married?
These are the people the MMD are sponsoring but MP kapata you have shown leadership by being a active listener and taking every body on board. Recently you donated K50million to the council to tackle the problem of young people drinking alcohol. You have been active in participating in alleviating poverty not only in your constituency but Zambia as whole. If this Charles J longwe wanted to have face to face discussion or talk he would have called on you by writing this letter and leaking it to the press it shows that he is a hired loose cannon and do not circum to his old demand because if he wanted to participate in NCC he would have done so. The all process of NCC is and has been eluded by too many confusing statements by RB and George and other MMD senior ministers. No one in govt or partcipators know when the constitution will finish, public debates and be read. What we are waiting to see and witness is whether the constitution will be read before 2011, 2: non discriminatory of the citizenry. Reducing the president’s power. 3: 50+1 4: inclusive and respected. 5:Human rights and govt been accountable and responsible to uphold these rights and not the abuser. Freedom of expression. Information bill for transparancy. Reducing the number of MPs instead of icreasing because Zambia has little resources to meet MP and ministers salary increments.The govt and political parties should encourage MPs to be going back to their constituencies and set up Offices like in UK.
Fairness and impartiality by the police and Judicial system. Oppointments of IG, Army, ZAF and ZNS Commanders to be through Parliament to void partisan.
ECZ to be independent from the interference of the govt.
Unconvincing piece of drivel. A strong candidate for the waffle-of-the-year prize.
Hon. Kapata watch this man out, come 2011 he will stand against u in mandevu.Even if he didnt vote his ka one vote was not going to make u loose, do what you and the party tells u.
The snag in NCC is on when it comes to adopting the 50 plus one percent as opposed to the first past the post and the whole electoral process. The current composition where more than 50% are MMD is a plot to fool Zambians on the constitution making process. Those who have ears let them hear. Dont let yourself look a fool at the end of the day with nowhere to run. Let us try to be as objective as possible on this national issue. It is not a question of attendance but the end results. Mind you the means must justify the end. We can not constitute an assembly that will not satisfy our wants and needs at the end of the process.