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The IIJD 2007 Newsletter Archive:
 
Inter-party Dialogue Moves Zambia Closer to Long-Awaited New Constitution
By Liz Copeland
July 6, 2007
 
Over the past forty years, Zambia has operated under four different constitutions. After widespread opposition to the two most recent constitutions (enacted in 1991 and 1996), the Zambian government is now finally hoping to be able to give their people a legitimate constitution that will stand the test of time. Under the new Zambia Centre for Inter-Party Democracy’s (ZCID) proposed action plan and time frame, the country should have a new constitution by December 25, 2008. 

The Zambia Centre for Inter-Party Democracy (ZCID), launched June 27 of this year, was formed with the help of the Netherlands Institute for Multiparty Democracy (NIMD). The ZCID aims to represent the full range of political parties in Zambia. According to Zambian President Levy Mwanawasa, this newly formed non-partisan center’s mission is "to deepen and consolidate democratic governance in Zambia by strengthening institutional and human capacity of political parties as pillars of a vibrant multiparty democracy."[1]

ZCID board spokesperson, Newton Ng'uni, explained that all groups need to submit their work to the Constitutional Conference Working Committee (CWC) by the end of August 2007. After reviewing these submissions, the CWC will consolidate their own position in September and the Constitutional Conference is to be scheduled for October 2007 [2]. 

The presidents of various political parties in Zambia met on June 23 for a Summit of Presidents to discuss the need to enact a new constitution. They were able to put aside their political differences in order to work towards a shared goal, proving their commitment to unity in the constitutional process through the official formulation of the ZCID. "We chose to forego our popularity contests for the sake of Zambia. We decided to choose a path of political action that will ensure that we come up with a Constitution that will be legitimate and answer the popular concerns of our people," President Mwanawasa said [3].

Zambia’s first constitution was enacted in 1964 when it gained independence and established itself as a republic. The second and most long-lasting constitution, which set up Zambia as a one-party participatory democracy led by President Kenneth Kaunda and the United National Independence Party (UNIP), was ratified on August 25, 1973 [4]. In 1991, a third constitution was enacted in response to the people’s growing demand for multi-party democracy. After a coup attempt and riots in the capital, Kaunda held negotiations with the Movement for Multiparty Democracy (MMD). These talks led to the drafting of a constitution that enlarged the national assembly, established an electoral commission, and permitted contested multiparty presidential elections [5].

The 1991 Constitution was later amended in 1996, setting a two-term retroactive term limit and requiring all Zambian presidents to have parents that are Zambian-born [6].  This amendment, pushed through by President Chiluba and the MMD majority parliament, prevented former President Kaunda and other opposition leaders from running in the 1996 presidential elections [7].

President Mwanawasa, also of the MMD, succeeded Chiluba in 2002. After years of corruption under Chiluba and allegations of electoral fraud, Mwanawasa established an Electoral Reform Technical Committee (ERTC) and a Constitutional Reform Committee (CRC) to make recommendations for reforms.  Both new bodies submitted their final reports to the President in 2005, but until the formation of the ZCID, no other concrete action had been made to begin the drafting of a new constitution [8].

While ZCID’s constitutional process was designed to be all-inclusive, focused on the dialogue between political parties, some opposition leaders already feel that it is not as collaborative as it claims to be. Patriotic Front (PF) president and 2006 presidential candidate, Michael Sata, alleged that chairman Dr Kalete Kalumba's presence in the ZCID simply assured the continuance the ruling MMD's agenda and the prevention of any real change. After losing his challenge for the presidency in September 2006, Sata has been one of the most vocal opponents of the Mwanawasa administration [9]. His party, the PF, is currently not in the ZCID, demanding that Kalumba, the national secretary of the MMD, is replaced with a chairman of neutral status [10].

The IIJD encourages Zambia to create a new constitution that will fully represent the opinions of Zambian people. It is vital that all institutional reforms are implemented in such a way that there is a clear separation of powers between judicial, executive, and legislative branches. The separation of powers will provide for more transparency and accountability, keeping the government under close scrutiny. Therefore, the constitution-making process within the ZCID needs to be transparent and accessible, allowing all interested parties to have an equal voice in the proceedings. The IIJD encourages the Patriotic Front to rejoin the ZCID and help create a balanced constitution that is truly representative of the nation of Zambia.
 
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