Strong Manifestation of Concern over Third Term Debate

By Jørgen Christensen, Information Officer, MS-Zambia

21. February 2001

LUSAKA, 21 February 2001 -- Assuming that president Frederick Chiluba is ploying to divert public and parliamentary debate in this year of elections from issues of real importance for the people of Zambia and the country's development to make his party, the ruling MMD, look better, it seems close to being a successful tactic.

The discussion about whether the national constitution should be amended to allow the president to run for a third term in office has taken up increasingly amounts of time and space in the media. And today not less than 1,000 people counting representatives from the churches, NGOs, the diplomatic corps, and Parliament convened at the foot of Manda Hill at Oasis Restaurant, just across the road from Parliament to discuss the third term issue. The meeting was historical in the sense that probably not since 1991 have so many politicians met across party lines to discuss an issue of national concern. Members of parliament from the ruling MMD as well as from other parties and independent members attended the meeting together with opposition leaders.

However, it wasn't much of a discussion; all contributions in general agreed that the national constitution should not be changed to suit the ambitions of one individual. This was hardly a surprising result, considering who attended the meeting, but nevertheless it was an impressingly strong manifestation of concern over the third term debate.

Government media the following day trivialised the meeting by giving big headlines to complaints from organisations like NOCE and the Public Interest Foundation (PIF) who had not been able to enter the fully packed Oasis Restaurant. According to reports in the Zambia Daily Mail, PIF Chairperson Gershom Musonda accused the organisers of having a hidden agenda, because the people that they allegedly turned away were viewed as pro-third term.

The Constitution is clear on the issue of the president's terms in office; it says that "no person who has twice been elected as President shall be eligible for re-election to that office." So, an amendment of the national constitution will be necessary for the incumbent president to stand for presidency in this year's election.

Peter Henriot, a doctor in political science and Jesuit priest working in Zambia since 1987, said "it will be detrimental to the development of the nation if the constitution is changed in the midst of an election year to accommodate one named candidate promoted by a political minority, and supported by protected street demonstrations."

Dr. Henriot said that not only would it impede people's wish to participate in the developmental process, but also cause lack of confidence amongst investors and reluctance on donor's side to continue supporting Zambia.

"When constitutional rule is irresponsibly tampered with, it causes loss of confidence and reluctance on donors' side to assist", Dr. Henriot said. He referred to the so-called 'Good Governance Paper' presented by Government at the latest CG meeting, where Government met with all donors over the support to Zambia. In this paper there is no mentioning of any constitutional changes, he explained and further elaborated by quoting paragraphs from the paper that on the contrary talks about strengthening constitutionalism.

"Had Government come out and openly declared that they were planning to change the Constitution within a few months, then pledges made by donors during the CG meeting might not have been given", Dr. Henriot charged.

John Mwanakatwe, who chaired the Mwanakatwe Constitutional Review Commission in 1993, gave the meeting a very strong and emotional account of how ordinary people then had walked long distances to meet the commission and make known what they found would be key in a new constitution.

Mr. Mwanakatwe narrated that at first he had refused to lead the review. But later when he saw the terms of reference, and felt the commitment of the president and government to create a constitution that "could stand the test of time" as Mr. Mwanakatwe emphasised with great passion and ardour, he accepted.

75 years old and with a history of more than 50 years in public service Mr. Mwanakatwe said he would find it difficult to hold his head high if the debate about a third term in office for the president should continue after this day. He pointed out that one of the things that came out strongest during the Constitutional Review in 1993 was that people wanted a maximum of two terms of five years for any president - "two times five, two times five", he stressed.

Professor Patrick Mvunga who led a constitutional review in 1990 during the second republic and later worked with Mr. Mwanakatwe in the Mwanakatwe Commission told the meeting how the people unanimously during both reviews had recommended a maximum of two times five years in office as president of Zambia.

"Why should people debate a third term again", Professor Mvunga asked; "they have already spoken."

The Mvunga Commission recommended that the presidential term of office be limited to two five-year terms of office. The recommendation was accepted and enacted into the 1991 Constitution. The Mwanakatwe Commission re-affirmed the desire by the people of Zambia to limit the tenure of office to two times five years. The Mwanakatwe commission submitted a report with some far-reaching recommendations in 1995. The government reacted with a 'White Paper' commenting on these propositions. A further elaboration of the Bill of Rights as well as the proposition of a Constitutional Court - both suggested in the Mwanakatwe Report - were not included.

Professor Mvunga said that he had found propaganda for the third term only in the Government Press; "the people don't want it", he said and appealed: "Mr. President, please leave when your time is up."

Chairman of Law Association of Zambia Christopher Mundia appealed to the members of Parliament to consult the electorate instead of being tempted by the MMD majority in Parliament to amend the Constitution without consultation.

Major Francis Kamanga MMD Member of Parliament for Lumezi expressed concern over the possibility of members who are opposing a third term would be expelled from the party. He appealed to the judiciary to be alert and take swift action so that those who oppose the third term can be there to vote. "We must go out to the people and talk to them about this, otherwise the amendment will go through unopposed", he said.

Independent Member of Parliament for Lusaka Central, Dipak Patel also found it important that the debate be brought out to the people. He called for secret voting in Parliament, "I believe that it will be possible to defeat a motion to change the constitution; with a secret vote the normal divisions in Parliament will stand only little chance", he said.

Archbishop Merdado J. Mazombwe commended president Chiluba for his achievements so far and appealed to him that he would guide the nation on matters concerning the president's tenure of office. The archbishop further blamed those lobbying for a third term for putting themselves over God and Country, and warned that the debate of the third term can cause confusion that can undermine the electoral process and divert attention from real issues.

The Church leadership declared itself as being totally opposed to calls for the incumbent president to go for a third term; calls that the church finds is not only against the constitution but also undemocratic. Reverend Violet Sampa Bredt, General Secretary of the Christian Council of Zambia, said this in a statement on behalf of church leaders from the Evangelical Fellowship of Zambia, the Zambia Episcopal Conference, and the Christian Council. The statement from the churches went on by saying: "We strongly condemn those Ministers and District Administrators who have shed off their responsibility as national leaders, choosing to spearhead this self content campaign."

Reverend Sampa Bredt acknowledged President Chiluba's good understanding of democracy and what is at stake, and appealed to the president to make it explicitly clear that there shall be no third term. She said that the 2001 elections are an opportunity that should not be lost for Zambia to be a good example of democracy and good governance for the region. "Respect for and adherence to the Constitution is part and parcel of good governance", she said.

Also, the NGOCC chairperson Mrs. Inonge Wina aired concern over how the discussion of a third term can divert attention from real issues. She said, "It's a case of misplaced priorities to debate the third term when we should be occupied by finding solutions to poverty, AIDS, and malaria." She urged the president to put an end to the debate by telling the nation what he wants, and not let party cadres push him.

Mrs. Wina feared that the third term debate could lead to violence and be a threat to peace. She was in line with Mr. Mwanakatwe who expressed concern over a division of the Zambian society, "which will destroy the fabric of peace in the country", as he put it, and appealed to the nation not to let this happen over "the most trivial of trivial matters." As a grandfather I only want to see my grandchildren live in peace."

Senior Chieftainess Nkomeshya didn't support the idea of a constitutional change in the election year either. "If there is need for amendments, make them after the elections", she said. She said that manipulation and money had brought about some chiefs' support of a third term. And she sarcastically asked, "who has changed the constitution to allow chiefs to make politically statements"; according to the constitution chiefs are the custodians of the land and should not actively participate in politics.

"If MMD does not have any qualified candidate other than the incumbent president, then they should refrain from participating in the 2001 election", said Senior Chieftainess Nkomeshya.

Stanford Makosoke Hlazo, UPND Member of Parliament for Mumbwa, told the meeting that "the people of Mumbwa do not feel the third term should have been an issue for debate." He criticised how the District Administrators have been given too strong influential powers. "I even have to report to them", he said, and went on by reminding the participants that "District Administrators are elected by an individual, where I as an MP was elected by the people."

At times it was a bit difficult for participants at the Oasis meeting to keep to a principal discussion of the third term issue. Some contributors talked about the achievements of President Chiluba and his Governments, and found it difficult to allow the incumbent president more time in office, considering how Zambia's development in general has shown a negative trend over the last ten years. Simon Sukas, former minister under MMD, reminded the participants that "we are here with a wider purpose than to discuss President Chiluba's third term, we are here to discuss protection of the Constitution."

A declaration was issued from the meeting calling upon the President, Government, Parliament, the Executive and other organs of the State, the Traditional Leaders and ordinary women, men, and youth of Zambia to work to uphold, protect and defend the constitution incl. the clause limiting the tenure of office for the Presidency to two terms of five years each.

The Oasis Meeting marked the kick-off of a campaign against changes of the National Constitution to accommodate a third term in office as president of Zambia. The organisers have introduced a single-bow green ribbon as a symbol for this campaign.

MS-Zambia supports the call for protection of the Constitution, but does not wish to comment on the discussion of any named candidates standing for presidency.