Friday, December 14, 2007

Expel us, 25 PF MPs dare Sata

Expel us, 25 PF MPs dare Sata
By Lambwe Kachali, Noel Sichalwe and Patson Chilemba
Friday December 14, 2007 [03:00]

Twenty-five out of the 28 Patriotic Front (PF) members of parliament who registered to participate in the National Constitution Conference (NCC) yesterday refused to resign their positions and dared party president Michael Sata to take any action against them. But Sata maintained that all PF officials who would participate in the NCC would be expelled without fail.

Meanwhile, three out of the 28 PF members of parliament who registered to participate in the NCC yesterday withdrew their registration.

And Chief Justice Ernest Sakala has advised members of the NCC to put aside their personal, organization and party interest in order to come up with a constitution that would stand a test of time.

Briefing the press after the swearing in ceremony at Mulungushi International Conference Centre, spokesperson for PF members of parliament participating in the NCC, Peter Machungwa, said Sata's expulsion threats against them were unlikely to yield positive results.

"As regards disciplinary threats against us, it is our hope that common sense will prevail and that the divide and rule tactics being used are unlikely to yield positive results as we hold the view that an injury to one of us is an injury to all of us as PF members including the party president," Machungwa said, as he paraded MPs and councillors that are now NCC members.

"However, this is an internal party matter and has to be resolved internally. We are members of the Patriotic Front, we respect all those who decided not to participate and hope that posterity will show that we mean well for our party, our co-operating partners like NGOs and the Church mother bodies and indeed the entire people of Zambia."

Machungwa announced that 28 PF members of parliament, six mayors and two councillors had registered to participate in the NCC deliberations while several others had written to the Secretary to the Treasury that they would participate. Machungwa said in deciding to participate in the NCC deliberations, the members of parliament considered the Constitution as the main law and foundation of all laws in Zambia.

He said as such, it was essential that they strengthened the position of those with similar views on the NCC in whatever way to improve on the outcome of the deliberations on the Constitution. Machungwa said even where the PF NCC members were outnumbered, they would ensure that their views and voices of the minority were heard and recorded.

"The MPs are mindful of the new deal government's refusal to include amendments in the NCC Act that would have made the conference more inclusive and representative of various stakeholders in our country," Machungwa said.

"The MPs, therefore, intend to continue to push for the provisions that will benefit all the people of Zambia. It is their considered view that the total withdraw from such an important task will not best serve the interest of our constituents and the people of Zambia, rather it will even give greater opportunity for those who may not mean well to manipulate and determine the outcome of the constitutional conference deliberations."

Machungwa said it was important to note that the recent history in the country and throughout the African continent had shown that boycotts rarely yielded desired results, if anything, they have led to disastrous consequences for boycotters and those they represented.
Machungwa said that is why some PF MPs and councillors had decided to be part of the NCC deliberations.

However, three MPs - Jean Kapata from Mandevu constituency, Mwiimba Malama from Mfuwe and Mark Mushili from Ndola Central withdrew their registration from participating in the NCC.
But Sata said it would not be retrogressive to the nation and PF if he expelled the members of parliament who have defied his order for them not to participate in the NCC.

Featuring on 5 FM's Burning Issue radio programme yesterday, Sata - who commended action by some members of parliament to withdraw from the NCC - said he would expel those members that defied the party order.

"There is nothing retrogressive about it. They are going to spend K279 billion plus K20 billion. Any by-elections will cost K6 billion. In any democracy, when there is a controversy there must be a referendum.

The referendum is the one which is going to endorse Jean Kapata, which is going to endorse Sampa Bredt, which is going to endorse Elizabeth Chitika-Mulobeka's party, whether they agree that they should spend K279 billion on just making a recommendation to President Mwanawasa," Sata said.

"So we want the people themselves under this party of Elizabeth Chitika and Peter Machungwa...let them resign from PF and let the people go and endorse them and then they can find a qualification, not hiding in PF. And this is very clear because it's a referendum whether the people support them that they should spend K279 billion just to make a recommendation to President Mwanawasa."

Sata said it was a lie for members of parliament to claim that their motivation for going to the NCC was to enact laws.

"The members of parliament enact laws in parliament and members of parliament don't make recommendations. Members of parliament enact laws. In this NCC, they are not enacting laws," Sata said. "They should wait for the time when the constitutional bill goes to parliament, that's when they are supposed to enact laws."

He said PF has already informed its provincial committees to start receiving applications from other party members to replace those who have defied the party directive.

"Dr Peter Machungwa is very educated. He comes from the swamps, there is no independence there but because of money they are going to participate," said Sata.

He said he was not disappointed that people who seemed closer to him had defied his directive. However, Sata said even Jesus Christ was betrayed for a few pieces of silver.

Speaking on the same programme, Kapata apologised to PF and the people of Mandevu constituency for defying Sata's orders on the NCC. She said the hefty allowances she would have been entitled to at the NCC could be channelled towards developing her area.

"I've done this withdrawn because the party has said we should not go. I'm in parliament because of the party. I do this also for the people of Mazyopa. Why should I go to receive money when the people are suffering? I'm not going to the NCC but I'm going to stay behind and support my party president Mr Sata," Kapata said.

"I'm giving back the K800,000 I received after registration yesterday (Wednesday)."
Malama also said he would return to government the K6.2 million he received upon registration.

But Chifubu PF member of parliament Benson Bwalya insisted that he would not withdraw his participation from the NCC.
He said it was an insult for people to suggest that members of parliament were going to the conference for the sake of enriching themselves.

Meanwhile, swearing in the 321 NCC members in the presence of Vice-President Rupiah Banda, Chief Justice Sakala urged the NCC members to take into account the different views irrespective of their political differences.

"I therefore urge you all to reflect and take the views of the Zambians that have been expressed and not only look at your individual needs and perfection but look at the constitution as our supreme law that knows no creed, tribe, gender, and political affiliations," justice Sakala said. "All members of the conference, therefore need to reflect briefly on the importance of the task and the responsibility that the Zambians have bestowed on them."

Justice Sakala said although the constitutional process had generated a lot of debate and controversy, there was need for Zambians to unite and attain a common goal.

"You are all aware that the NCC has generated a lot of debate countrywide with people expressing strong diverse views at different levels of our society. This should be a by-gone and we need to unite now.

The fact that you have been appointed to represent the millions of the citizens of this country speaks volumes of what is expected of you. All the members of the constitutional conference need to mind that the people of Zambia have put trust in you to ably represent their views, aspirations, hopes and desires," justice Sakala said.

He also said the interest of the vulnerable people should be considered during the NCC deliberation.

"As members of NCC, you need to realise that the oath you have taken contains very important and strong words. So there is every need that you appreciate the words and language. For instance, the words like ‘faithfully, impartially, to the best of my ability’, were not randomly picked from the dictionary but rather they were deliberately in line with the course you have embarked on today. It is every Zambian's expectation that a good constitution is put in place.

So take into consideration the needs of Zambians irrespective of whether one is rich or poor, sane, woman, man, a child or a convict. The various interests of different groups of our society need to be captured and incorporated in the constitution," justice Sakala said. "Therefore, institutional interest should not be allowed to prevail in the conference but those of the country as a whole."

Chief government spokesperson Mike Mulongoti said it would be wrong for Sata to expel members of parliament who have decided to participate in the NCC deliberations.

Mulongoti said it would be strange for Sata to expel people who were obeying the law. He said the NCC was now an Act of Parliament and that all members of parliament participated when debating the bill. He said PF members of parliament who might be expelled had the legal recourse of challenging the decision in the court of law.

"We want everybody to participate freely and nobody should feel intimidated. As government, we are happy that a lot of people have come," Mulongoti said.

He said PF members who might be expelled were free to apply to join the MMD and later apply to re-contest their respective constituencies together with other MMD members.

He further said it was not correct to insinuate that NCC members were motivated by monitory gains that would accrue through allowances during the sittings.

"Why single out MPs and yet there are many people representing various organiaations in the NCC?" Mulongoti asked. "Not all these people have come because they have followed money. Is it not that when some presidents of political parties get money, they don't even share it with their members of parliament?"

UPND spokesperson Charles Kakoma said his party was ready to participate in the NCC deliberations and ensure that the 50 percent plus one votes clause was adopted for presidential candidates.

Kakoma said people had trusted the NCC to come up with a good constitution that would stand the test of time. He said UPND would further advocate for the independence of the electoral system and the clauses that deal with social and economic rights.
"If these issues will not be achieved, then we will be wasting government resources," he said.

Zambia Congress of Trade Union president Leonard Hikaumba said he expected the NCC to reflect the views of the majority Zambians that submitted on the need for a good constitution.

"For our participation, we will ensure that we work towards that line. If we don't come to that area, then we will be disappointing the Zambian people," Hikaumba said.

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