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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Constitution making process: the case of Zambia
Author:Matibini, Patrick
Year:2008
Periodical:Zambia Law Journal
Pages:1-32
Language:English
Geographic term:Zambia
Subjects:constitutional history
constitutional reform
Abstract:Since political independence on 24 October 1964, Zambia has undergone four major phases in constitutional development: the 1964 independence constitution; the constitution of 1973, which established the United National Independence Party, UNIP, as the sole political party; the 1991 constitution, intended to facilitate the return to multiparty politics; and the constitution of 1996. The successive constitutions have lacked legitimacy and moral authority since the constitution-making process has not involved widespread participation by the citizenry and the achievement of a broad-based consensus. Exemplary in this respect is the rejection by President Chiluba's government of the call by the Constitution Review Commission headed by John Mwanakatwe for a broad-based Constituent Assembly to ratify proposed constitutional changes to the 1991 Constitution. The report submitted on 29 December 2005 by the fourth Constitution Review Commission, under lawyer Wila Mungomba, pointed out that the success or failure of the constitution-making process hinged on the mode of adopting the constitution, and recommended that a Constituent Assembly be created for this purpose. The ensuing National Constitutional Conference Act is a milestone in the history of constitution-making in Zambia, notwithstanding the concerns raised by critics of the Act. The Zambian experience underscores the logic and imperative of adopting and/or enacting a constitution through broad-based bodies. Since constitutions are the source from which governments derive their existence and power, governments cannot logically be exclusively responsible for (re)writing them. Notes, ref. [ASC Leiden abstract]
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