Zambia

Zambia Does Not Need Constitutional Amendments- Isaac Mwanza

ZAMBIA DOES NOT NEED CONSTITUTIONAL AMENDMENTS

Does Zambia need to amend the constitution from Parliament again? The answer is: it is not necessary.

We created the Constitutional Court to ensure constitutional problems are ironed out by the court itself. The law becomes known when the Court gives effect to what Parliament has written down.

We cannot be amending the Constitution from Parliament every time we notice what may appear to be a lacuna.

Most of the issues which have been thorny (e.g. ministers staying in parliament after dissolution, resignation and retraction of resignations, etc) have been clarified.

Zambia needs to strengthen the Constitutional Court, judges of that Court need to assume their independence in totality and they must write well reasoned judgments, knowing they are creating precedents for the future, for themselves and their children’s children.

The Constitutional Court must not dodge from decisively and conclusively answering questions before them, shifting the responsibility to into the future nor sending it back to Parliament. If that happens, we shall begin to question the relevance of the Court if it can’t deal with Constitutional issues in a conclusive manner.

I submit.

Isaac Mwanza

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