THE 7TH NATIONAL DEVELOPMENT PLAN: TOWARDS THE VISION 2030
becomes a thriving democracy, we still have a constitution which needs patching up because of those gaps and conflicting provisions.
With only 12 years from V2030, we are still struggling with a Public Order Act that is contentious. We are still having a legal and judicial system that leaves much to be desired and this is the reason why Government appointed that legal and judicial reforms commission which has yet to tell us its findings.
We are only 12 years from 2030 and yet our political
yet to tell us its findings.
atmosphere is full of hate speeches and hatred.
WHAT IS GOOD GOVERNANCE?
Kofi Annan, the former UN Secretary General defined “good governance” as “creating well functioning and accountable institutions – political, judicial, and administrative, which citizens regard as legitimate, in which they participate in decision-making that affect their daily lives and by which they are empowered.” (Kofi A. Annan 1998).
While our political leaders talk about good governance, so often, they seem to be paying lip service to these values and rarely seen supporting these governance institutions.
Those Members of Parliament, Mayors and councillors who do not bother about issues of governance need to be reminded about the importance of these political doctrines and their implications in the body politic. WHAT IS CONSTITUTIONAL DEMOCRACY?
(A) Constitutional democracy refers to constitutionally established provisions and institutions, such institutions include, the Judiciary, Human Rights Commission, Electoral Commission of Zambia to mention just a few, which enable citizens enjoy their rights and freedoms, through their membership of political or non political association of their choice.
(B) While the rule of law simply means that we are all under the law and nobody, nobody not even the President, is above the law.
WHAT IS MEANT BY THE PHRASE “THE RULE OF LAW”
(b) The rule of law and the supremacy of the constitution ensure that individuals are subjected to and treated equally according to the law of the land and that no one is exposed to arbitrary treatment.
The Rule of law also means that all authorities, including armed forces and security forces must obey the law and that legislative Acts of parliament should be enacted in conformity with the constitution.
On several occasions both during the second and third republic, we have witnessed situations where the State has acted arbitrary, particularly in the public acquisition of properly, and in the enforcement or administration of the Public Order Act.
Some homes of individuals have been demolished without giving those individuals the opportunity to be heard. This is wrong and unacceptable in a constitutional democracy.
The failure by some local authorities and other public officers to abide by provisions under Articles 8 and 173 of the Constitution can also said to border on arbitrary use of power.
It is s therefore up to the citizens to stand up for their rights and bring such abuses to the attention of the Constitutional Court for adjudication.
Courts can only adjudicate on matters that are brought before their attention and not otherwise.
Let me quickly add that our governance institutions such as the Judiciary, the Human Rights Commission, the Anti Corruption Commission, the Electoral Commission of Zambia, the Drug Enforcement Commission, the Auditor General’s office, the Law Development Commission, the Legal Aid Board, yes the Zambia Police Service which are facing a lot of challenges because of poor funding and poor staffing levels must be supported and government must come up with a deliberate policy to increase allocation to these institutions as one measure to have a thriving democracy by 2030. Government must also be reminded that corruption which hits the poor most if not tackled can derail our Vision 2030, because resources will continue going into private pockets.
As IMF Managing Director Christine Lagarde puts it, “corruption hits the poor, hinders economic opportunity, social mobility and undermines trust in institutions.”
Note that corruption also reduces government tax revenue and this could explain why government is having difficulties in reaching its targeted revenue figures.
If indeed by 2030 Zambia shall have a thriving democracy based on political diversity, respect for human rights and the upholding of the rule of law, what we immediately need is “access to information bill passed into law.
Without information, people cannot participate in the development process of the country. With access to information the electorate can hold their MPS, councillors and the President accountable.
The constitution provides for the independence of the Judiciary and we want to see judges delivering judgments that are truly fair and just too all parties.
The era of Mwanawasa and Judge Nyangulu is long gone. Where a judge makes a decision and immediately the President coughs, that judge develops malaria.
We are in an era where public officials should all be seen to be accountable to the people and upholding national values and principles provided under Article 8 and Article 173 of the constitution. This is the era we are in. This era requires active and proactive citizenship.
*The author is a governance and human rights activist and recipient of Jubilee Award for participating in the campaign for debt cancellation and recipient of WORLD BANK “Award” in road sector governance. Email: walkingsafari2015@gmail.com cell: 0964691749
We are still having a legal and judicial system that leaves much to be desired and this is the reason why Government appointed that legal and judicial reforms commission which has