50+1 vote clause passes final consultative stage, PR system tumbles

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The thematic working group on representation of people at the ongoing National Constitution Convention have unanimously retained the 50+1 vote threshold clause in the First Draft Constitution for the election of the republican president

And Chieftainess Nkomeshya Mukamambo II has observed that it will be very difficult for a political party to garner more that 50% of the total votes cast in an election to win the polls due to uncontrolled mushrooming number of political parties in the country.

The thematic group on representation of people, which is being chaired by Francis Chigunta, has retained Clause (1) of Article 75 which provides that elections to the office of the President Shall be conducted directly on the basis of a majoritarian system where the winning candidate must receive not less than 50% +1 vote of the valid votes cast.

In supporting the clause, Lubansenshi Independent Member of Parliament Patrick Mucheleka said it would be a betrayal to the people of Zambia to remove the clause as they have spoken that they need a president with legitimacy of all Zambians.

Contributing to the debate, United Party for National Development (UPND) Secretary General, Winston Chibwe, noted that the clause will unite the country as all Zambians will have to agree on who to be their president as opposed to the current scenario which allows the candidate with the highest votes who might be the minority to become president.

But Solicitor General, Musa Mwenye, observed that Clause 1 which provides for the 50+1 votes, coupled with the Proportional Representation (PR) system of electing Members of Parliament, will create a very powerful president and a very weak parliament which he said was not good for the country.

Mr Mwenye further observed that Article 75 will make it difficult for candidates hailing from tribes that are not the majority in the country to win elections as people in Zambia vote not necessarily on tribal lines but on the language spoken in a certain region.

But the Movement for Multiparty Democracy (MMD) National Women’s chairperson, Faustina Sinyangwe, who was the National Constitution Conference vice chairperson, revealed that the NCC was thrown out because it failed to adopt the 50+1 vote clause which people dearly wanted.

Ms Sinyangwe, who served on the Mung’omba Commission, stated that people countrywide submitted to the Mung’omba that they wanted the clause, hence the need to retain it if the constitution is to be accepted by Zambians.

But Pambashe PF MP, Ronald Chitotela, differed with the views of the rest as he noted that even the president elected by the 50+1 vote is far from being called a majoritarian president because the country has less than half of its population who are registered voters, hence the need for the convention to revert to the current system.

The clause, when subjected to a vote, all delegates voted to retain it, except for Mr Chitotela  who voted against and the Solicitor General who abstained.

In addition the working group has rejected the Proportional Representation (PR) system of electing MPs and replaced it with the mixed member representation system which is recommended in the Mung’omba Constitution Commission.

The PR system, which has since been amended, was going to allow political parties to get seats proportionate to the votes they receive in an election which most members observed was not good as it will allow all political parties, including the least, to get seats in all districts.

The same electoral system has since been unanimously adopted for use in local government elections.

Meanwhile Chieftainess Nkomeshya Mukamambo II expressed worry at the mushrooming number of political parties in Zambia.

She noted that some political parties that have been registered have no national character and will only cause confusion during elections, especially after adopting the 50+1 vote clause, adding that the convention should device a way of regulating the number of political
parties.

Comments Closed

84 Responses to 50+1 vote clause passes final consultative stage, PR system tumbles

  1. We want the 50 + 1 clause!!!
    We have seen that it works very well. Look at how Kenyans voted.
    All we need is proper sensitization of voters and massive recruitment!
    We don’t want simple majority!

    Mubanga - April 11, 2013
    21:42

  2. Well done all the delegates,,now pf is as good as gone. I can only encourage the upnd and mmd leadership to work together if we have to remove this senseless dictatorial regime. Sata and his minions have done enough damage already and we can’t entrust them with another term. For those who thought their tribe is more superior than the rest, who thought they can win on their own,,the litmus test has come..2016 we can’t wait.

    Edmond Lifwekelo - April 11, 2013
    20:32

    • Don’ t forget that it is the PF government that will bring this consititution and eventually this clause… Remember the PF.

      The Patriot - April 12, 2013
      07:20

  3. The clause will be put to test this year Ai?North-western,western, Eastern, half of Central,half of Lusaka and Southern Provinces start strategising soonest for the looming big event.

    Advocate - April 11, 2013
    19:55

  4. we want 50%+1 clause,runningmate and also look for ways to prevent these unnecesary bye_elections.you need to adopt these things for you to come out with good constitution.we dont what lame excuses.

    pretender - April 11, 2013
    19:42

  5. i will only celebrate after it has been accepted by Sata and his minions for now they can do anything to turn everything upside down

    KHUTA - April 11, 2013
    19:37

  6. There is no way a country that has been turned a failed State by Sata and his group of retards can come up with a sensible constitution. Keep dreaming!

    Blago - April 11, 2013
    18:37

  7. This isn’t about HH or Sata or Chipimo but our future and our children and children ‘s children’s future.

    Let’s learn from the current situation and make a law that will direct this country in the right direction.

    Hate HH or love him. Its not about him.

    Masipa Yahau Mulenga - April 11, 2013
    18:17

  8. Iam realy shocked that some people stil feel uncomfortable with 50+1.Then we have spent money for nothing.

    Namusunga - April 11, 2013
    17:44

  9. Mukamambo’s fears are completely unfounded! Parties dont vote for themselves Your Royal Highness, people actually do. And if these parties are mall as she states, few intelligent people will vote for them because of their known nuisance value. Our representaves should also not be oblvious of the fact that the constitution they are playng midwife to is not only for the living but also for the yet to live. It is not a PF,MMD or UPND contitution because for all we know, neither none of the people attending the Convention may be alive 50 from today nor the 3 parties be in existence. Therefore when you are debating, please think well beyond the immediate so that the Zambians of future are spared this merry go round of consitution making, as Brig. Gen Miyanda aptly calls it. Think ahead, Think big!

    Black Mist - April 11, 2013
    17:30

  10. its too early for us 2 celebrate this fortune for zambia,lets wait until its enshrined in our constitution,i cant trust these CNPs !!

    broc lesnar mcmahn - April 11, 2013
    16:50

  11. 50+1% is one of the KEY ELEMENTS we’ve been waiting for in our constitution in order to graduate to a mature “MULTI-PARTY DEMOCRACY.” Even if the trend in our country is that political parties’ support is inclined towards tribal lines, everyone will have no option but to choose from the “TWO TOP” presidential contenders in the event of a RE-RUN to attain a majority vote. If this clause is removed from the draft by the party in office, then we should be geared for WAMUYAYA (DICTATORSHIP).

    Umuto walupwa tawitika - April 11, 2013
    16:42

  12. This is a great day for Zambia. Well done delegates

    "Silent Majority" - April 11, 2013
    16:17

  13. bt kwena ati pabwantu da 90 days frmula tpical of politcians;ths govt rlly z a……………..shame…..nw thy dnt nid da 50plus jus bcoz thy are in govt.bt thy wl c thy shd rememba tat ther NEW VOTERS en wl do lykwise(2011)

    chisola - April 11, 2013
    16:12

  14. In the main, the major issues raised in the Mung’omba Draft are still being propergated by the same people but with another huge expense.
    Ladies and gentlemen, find occasion to read the terms of reference for this TC. It is clear, that executive will precede Parliament to receive the Final Constitution.
    No time line is given, what a lacuna. Read General Miyanda’s concerns. They have been my concerns too. In essence there was no need for this process. We should have only taken to the referandum ‘those contentious’ issues(and we know them). It is not now that people have spoken about 50+1. Who knows, the President may ‘not be inclined’ to accept the final report. Without a legal backing, what would he be breaching.
    God bless Zambia

    Perry M Chisamu - April 11, 2013
    15:49

  15. Why should we even care about the number of political parties in Zambia? The majority of these small parties exist only on the shelves of the registrar of societies. The combined percentage of votes accumulated by smaller parties in 2011 general elections was insignificant to alter the outcome. Nashala Neka (NNs) parties will think twice before contesting presidential elections if the 50 + 1 clause is passed. They will be consigned to advocacy.

    Seed - April 11, 2013
    15:31

  16. May someone ASSURE me how sure the president wont though it out because,he said after you are done ,bring it to me.Now is he sitting as an individual or sitting as a civil servant

    out 2016 - April 11, 2013
    15:23

  17. I have a tribe and I’m very proud of it. If my tribesmen vote for Great! Uhuru Kenyata got over 80% in Kikuyu land and Ruto got over 80% in Kalengini area. together they won. Great! Sata got over 80% in Bembaland and won! That is great! so what is wrong with Tongas giving HH more 80% votes? Tell me which constituency in the Bembaland has a tonga MP? NONE! so why should Tongas vote for Bembas! This is nonsense of the highest order. 50+1 is an equalizer because even a Bemba will need other tribes or else trouble in the PaFwaka. If you think another 42% will be called landslide, then goodluck for you.

    PF Yosila - April 11, 2013
    15:20

    • Exe why blabbering about Tongas and Bembas here?? There are 73++tribes in this country. Do be shallow always!!

      kim - April 11, 2013
      17:40

  18. The truth is PF dont want the 50+1 but as others have correctly analysed,if the PF GOVT deliver rhe constitution as demanded by majirity Zambians it can make them popular

    Chief Advisor - April 11, 2013
    15:13

  19. I just HOPE and REALLY HOPE against all ODDS that the PF will not MESS with this CONSTITUTION. Zimbabwe, Kenya etc they started their consitutional making process later than us, but we have always fumbled because of the lack of political will by our leaders. I hope the PF will let the PEOPLE’s WILL to PREVAIL this time around…!

    Twabwela - April 11, 2013
    14:59

  20. Good work Zambians, I am sure PF leadership will easily adopt the clause and this can be the beginning of my support for PF!

    Proud Zambian - April 11, 2013
    14:55

    • They will not. Haven’t you seen signs from the solicitor general.

      seemore - April 11, 2013
      23:14

  21. This means that regional or tribal politics will end. Parties shall need each other as they prepare for re-runs. This is very good for our country and our democracy. In fact this new generation does not know this tribal thing. It is the older generation which is a problem.

    everlasting joy - April 11, 2013
    14:53

  22. Do not celebrate yet its along way

    Malundi Gondwe - April 11, 2013
    14:52

  23. We are all happy that it has gone through, but now we want conditions attached to it:
    1. It must have 2/3 country representation
    2. Number of parties should be controlled in the country
    3. Add more colleagues

    Rusco - April 11, 2013
    14:51

    • We can not force people to register as voters and we can not force the registered voters to vote. Therefore this means that for one to be president he must get 50 + 1 of the votes cast in a particular election.

      Denilson Motomoto - April 11, 2013
      15:36

  24. Good bye PF in 2016. No wonder PF cadres like Musa Mwenya and chitontela who believe their tribes are superior than others opposed it today. Next round it will be Bembas (PF) vs the rest led by UPND!

    Margret - April 11, 2013
    14:41

    • Chi Magret , silly thinking. PF is not for Bembas same as UPND is not for Tongas. Wake up

      kim - April 11, 2013
      17:44

      • Pf is a bemba part fullstop only a bemba man cannt see that pity even cabinet meetings now in bemba

        voice mail - April 11, 2013
        22:21

        • STUPID COMMENT

          NEVER - April 12, 2013
          07:11

    • Retrogressive thinking

      NEVER - April 12, 2013
      07:12

  25. 50%+1 Good for HH because other political parties will partner up to eliminate DICTATORS in the presidential race.PF in troubel waters in 2016 nowonder supppoters are yeaning with anger.

    Water Level - April 11, 2013
    14:35

    • 2016 too far away, this will work well for HH in the bye election around the corner.

      shimwitwa - April 11, 2013
      14:48

  26. You have 4goten that the report will be given to Ukwa and Summer first… they will never agree to smething lke that…

    So Sad!! - April 11, 2013
    14:33

    • MMD refused to include 50+1 clause in the constitution,where is MMD today?My advice to PF is, allow this clause to be in our constitution ,it may serve you well because I believe that if MMD had accepted this clause, they would have won the second round of voting in 2011 by simply teaming up with UPND.

      Seed - April 11, 2013
      14:51

    • spot on especially when they attain the 2/3 majority all the good things adopted will be reversed. Also considering that the committee has no mandate to recommend the method of adoption.

      larry evance - April 11, 2013
      14:57

    • thats my fear but let us rise up as zambians to say no to this midiocrit

      KHUTA - April 11, 2013
      19:30

  27. That is the way to go.

    Mapumba fwiiii - April 11, 2013
    14:30

  28. I would rather all the celebrations and insults halt for now until it becomes law.

    Simba - April 11, 2013
    14:29

    • @ simba You are right till such a time comes we cannot celebrate because it will or may definately subjected to parliament endorsement and with the poaching going on it may not pass through. Reflect and think why PF are busy ammasing numbers of MPs on their side at the expence of real issues and promises they gave us.After pf victory on such issues in parliament all the chelelebulas will expire and goten rid off mark my words.

      mwami - April 11, 2013
      14:41

      • @Mwami, you have hit the nail on the head. I have said this before that the so called policy of inclusion espoused by HEMCS is just a ruse. The PF wants to control Parliament, that way they can pass a Constitution that gives them some comfort. A 50%+1 arrangement will solve a lot of problems. As pointed out HEMCS got 42% meaning 58% did not vote for him. It does not take much imagination to see where the 58% will cast their vote in a run off. That, my dear friends is giving the PF a headache.

        Mu Subiya - April 11, 2013
        17:31

    • Yes we should not celebrate now, going by Musa Mwenye, Nkomeshya and Chitotela’s submissions, it appears that the PF camp is not comfortable with 50 + 1 clause.

      Seed - April 11, 2013
      14:59

  29. God the leader for Zambia at his time of choosing from any zambian.

    faith of our fathers - April 11, 2013
    14:23

  30. 50+1 bye bye cruel pf,in the second round who in his/her nomal frame of mind can partenar up with pf?

    Ukwa and bwinjinfumu homos soon you will face the music.

    Goodman - April 11, 2013
    14:20

    • poor political analysis, demography BABA.

      sali sali - April 11, 2013
      14:39

      • what demography no single tribe in Zambia is more than 50% unlike Zim and Namibia where shonas and ovambos command more than 50% of the population respectively.

        larry evance - April 11, 2013
        15:01

  31. viva justice..we want it done..the crooks wanted to blcok it..lol..mwanyala..

    Ngilingindo - April 11, 2013
    14:19

  32. I wonder what percentage Mulongoti’s party will get in 2016. Its not too late disband these to ma small parties and join PF,MMD or UPND. Please politicians give us real choices not nyamasoya yama party!

    Seed - April 11, 2013
    14:19

    • 0.00000000000000000000000000000000000000000000000000000000001%

      Nyengist - April 11, 2013
      14:47

    • Some political parties may be small today but it is unknown what tomorrow brings.Am of the view that people should be free to form political parties and to belong to political parties of their choice.Should it happen that one’s preferred candidate loses in the first round, then individuals will have the the freedom to vote for any of the other who would re run in the event that no one got the required 50 + 1 in the first round.

      Denilson Motomoto - April 11, 2013
      15:46

  33. I can’t wait for 2016 to see how it goes with this 50+1 thing.

    NEC - April 11, 2013
    14:15

  34. 50+1 a must too bad for regional political parties.

    gray moonga - April 11, 2013
    14:10

  35. This means that the politics of insult will disappear because you will need each other in the event that no candidate manage a 50+1. Politicians will learn to work together, they will respect other tribes especially the so called smaller tribes because these can swing votes. It will be the beginning of political normalcy in Zambia no wonder all ruling parties in Zambia did not want this clause.

    Mucila wa Sulwe - April 11, 2013
    14:08

  36. The Zambian constitution will only be made right and accepted by all in 2014 after the Barotseland Agreement is solved.Departure from establishing a federal state is a complete suicidal attempt by any Government as at now due to tribal and family appointments exhibited by PF.Hatred and mistrust among ethnic groups formented by PF have reached irreversible levels and will make Rwanda a child’s play.You are forewarned.

    Advocate - April 11, 2013
    13:57

  37. fuck you,who told you that in zambia there are reginal parties? Chi pf iwe,2016 kufuma ba chimbwi.

    fodesanko - April 11, 2013
    13:56

  38. ba chitotela, dont show your dulleness to the pipo,

    SHIMAINI - April 11, 2013
    13:56

  39. Is mr chitotela that dull?
    No wonder he is from katondo of kitwe where he crooked alot of people in Kitwe and Chingola

    Bigboss - April 11, 2013
    13:55

  40. Is okay bane…is okay

    Zedian - April 11, 2013
    13:54

  41. Let the 50+1 be adapted.

    Chris - April 11, 2013
    13:54

  42. HH owns a minifundia called UPND. Owing to the law of diminishing returns, the minifundia currently suffers from lack of space to expand and so the famous “Tragedy of the Commons” is imminent!

    Kalungu wa Lubemba - April 11, 2013
    13:53

  43. Very progressive move, but the bithch Mukamambo Nkomesya still want to take us to UNIP days. Has she forgotten than her bitch daughter Syvia Murambiwa won a seat in parliament using a kantemba political Party ZRP in 2001. Did we hear the Bitch Nkomeshya complain? No she was busy filling her bottomless belly with BY’s money.

    Bob Sichinga - April 11, 2013
    13:51

  44. Good move for the development of Zambia.

    We need a president who majority voters want.

    Bigboss - April 11, 2013
    13:50

  45. HH THINKS BY RETAINING THIS CLAUSE HE STANDS BETTER CHANCES OF WINNING THE ELECTIONS. IN HIS DREAMS. HH CAN ONLY WIN IF IN OUR CONSTITUTION THERE IS A CLAUSE THAT SAYS THAT THE ONE WHO TAKES THE MAJORITY TONGA VOTES TAKES THE PRESIDENCY. THAT’S WHEN HH CAN WIN.

    conman - April 11, 2013
    13:49

    • It is the people of Zambia and NOT HH you idiot

      The Servant - April 11, 2013
      13:57

      • you fool

        truthteller123 - April 11, 2013
        14:23

    • YOU DONT THINK PROPERLY.WHY ARE YOU FILLED WITH SUCH KIND OF HATRED FOR A TRIBE???????? COWS, DOGS,PIGS,CATS, AND… ALL THINK BETTER THAN YOU…

      kaya KAYA - April 11, 2013
      14:20

    • The first time this advocated (1996) HH was not even a politician. If PF which vehemently supported this clause while in opposition are now jittery then time has caught up with them. It is the Zambians who are saying they are tired of being ruled by people who only got 42% of votes but in their good statistics this is overwhelming majority (Minority).

      PF Yosila - April 11, 2013
      14:30

    • conman you an idiot ,is this constitution for HH wali tumpasana shetai iwe.
      Ba pf why are you so dull? kanshi? When you just hear HH you wet your pants.

      wapya minzi - April 11, 2013
      14:48

    • conman you are an idiot ,is this constitution for HH wali tumpasana shetai iwe.
      Ba pf why are you so dull? kanshi? When you just hear HH you wet your pants.

      wapya minzi - April 11, 2013
      14:48

    • conman you are an idiot ,is this constitution for HH wali tumpasana shetani iwe.
      Ba pf why are you so dull? kanshi? When you just hear HH you wet your pants.

      wapya minzi - April 11, 2013
      14:48

    • Gospel of Idiots

      - - April 11, 2013
      15:12

    • Not only HH but all progressives will benefit from this.

      kim - April 11, 2013
      17:50

    • no wonder you are a ‘conman’. your party pf won by conning myopic people like you. kolwestans

      foolish zambian - April 11, 2013
      18:25

  46. Musa do not bring tribe in this issue. Tribe should never be a basis for one to ascend to presidential office.A good candidate will win whether from a small tribe or big tribe.

    Kingstone Chisata - April 11, 2013
    13:49

  47. you are right, regional and tribal politicians are in for heartbreaks.

    sali sali - April 11, 2013
    13:48

  48. Viva Zambia,at least we have one goal.50+1 clause is needed and there no option. Hard Lacky Barotseland keep on keeping on,freedom comes at a price.

    fodesanko - April 11, 2013
    13:46

    • Let’s not celebrate yet cpuntrymen, Ukwa will remove it,watch this space oh!

      Nyengist - April 11, 2013
      14:41

  49. The 50%+1 route in a country that has many parties may be an expensive way to elect a president as there wouldn’t be an outright winner the first time round but that weeds out the chuff during the first round. In the runoff round, in a mature democracy where tribal allegiances are not a factor this process would produce a candidate that the nation would prefer between the two challenging candidates. Granted numbers matter so as to have the candidates finish in the top two for a runoff.

    Mfumu - April 11, 2013
    13:44

    • Democracy is expensive and we must be ready to pay up or else we go back to dictatorship.

      Denilson Motomoto - April 11, 2013
      15:50

  50. ALL THE SAME HH WILL NEVER BE PRESIDENT.

    Bushe Mukaleka - April 11, 2013
    13:44

    • mulangu mfwisha bwino ba pf. HH a michite nshi?

      wapya minzi - April 11, 2013
      14:52