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The conclusion of the programme of work by the Technical Committee and the subsequent handover of the
Final Draft Report, irrespective of whatever form or route it has taken should now render impetus for progress
to the whole process. However, as (Patriotic Front) government we believe that all citizens should contribute to
finding solutions to the challenges which have hitherto dogged our constitutional-making process.
- Hon. Wynter Kabimba, Minister of Justice, April 30, 2014

On 29
April 2014, The Young African Leaders Initiative (YALI) held a 2!-hour closed
door meeting with Government representative, Honorable Minister of Justice, Wynter
Kabimba, to mutually discuss the way forward for Zambias current constitutional reform
process initiated by His Excellency, the President of the Republic of Zambia, Mr. Michael C.
Sata when he appointed the Technical Committee Drafting the Zambian Constitution

YALI indicated that it remains cautiously optimistic that the ruling PF Government and
stakeholders can reach a mutually agreed and negotiated process on the way forward on
constitutional reform as opposed to current confrontational approach between stakeholders
and Government, a process that has been repeating itself from previous review processes.
YALI called on PF leadership to be more committed to dialogue and remain tolerant of
divergent views being expressed by all stakeholders.

Zambias Justice Minister, Hon Kabimba, welcomed the call for a negotiated approach
towards constitutional reform and emphasized President Satas commitment to giving
Zambians a good and lasting Constitution that has eluded the country for the last 50 years.
The Justice Minister underscored the need for consensus on the way forward as opposed to
on-going confrontation which Government finds unnecessary as Government remains open
and receptive to avenues for reaching consensus.

The Minister emphasized that it was President Satas view and his cabinet that Zambians
deserve a good and lasting constitution than a half-backed document meant to serve sectional
interests. He said the Ministry of Justice and Cabinet is open to receive concrete proposal for
a negotiated approach that takes into consideration the interest of the State, Government,
stakeholders and, in particular, Zambians citizens of whom the constitution is meant to
govern to posterity.

Positions by Civil Society and the Church
Stakeholders led by civil society and the church have been demanding the release of the Draft
Constitution as the Technical Committee Drafting the Constitution has concluded its work
and submitted the draft to Government, although the promise reflected in the Committees
Terms of Reference was to simultaneously submit the Constitution to the President and the
public. Stakeholders have expressed anxiety that subsequent comments by different
Government ministers and His Excellency the President seem to suggest deviation from
policy pronouncements made by the President in Cabinet and the ruling party in general.
Civil Society has increasingly called on Government to:
Release the Draft Constitution to the Public
come up with a clear roadmap for enactment of the constitution,
Facilitate the legal framework protecting the process and content
Setting up of Referendum Commission

Government response
Since the commencement of the programme of work by the Judge Silungwe Technical
Committee in November, 2011, His Excellency the President has expressed governments
commitment to the constitutional-making process having made policy pronouncements
during the official opening of parliament in 2011, 2012 and 2013.

Government does not share the view held by some stakeholders that the State should
have no role to play in the process so as to guarantee its purity and legitimacy.

The projection of the view that the country is experiencing a constitutional crisis
unless a new constitution is urgently enacted is a misrepresentation of the reality in
the country.

It is important that the constitutional-making process presents itself as people-owned
and people-driven. It must be all inclusive and non-partisan in its complexion. It
must not appear to be a political tool or vehicle by one group of citizens against

We must all remain committed to institutionalized forms of dialogue which offer
equal opportunities for rejoinder to all participants or stakeholders. The culture of
promoting the hegemony of views or ideas by one group against another cannot yield
positive results. These positions demand of us that we move to find a convergence
point sooner rather than later, through some discourse such as this one, remarked
the Justice Minister.

A constitutional-making process cannot succeed if it takes the form of Them And-
Us. It is not a contest between two adversaries. It is a national and unifying project.
Fundamentals for Negotiated Approach
In view of the divergent positions taken by both stakeholders and Government, YALI is
proposing a negotiated approach that will lead towards the constitutional reform process
becoming a national and unifying project. Leading to the proposal for a negotiated approach,
the following four fundamentals were taken into consideration:

1. Legal Framework
This Master Plan can inspire confidence in the negotiated approach to concluding the
constitutional reform process if Government takes leadership and come up with the legal
framework that will protect the process and content. The legal framework must include the
negotiated roadmap towards the Referendum in 2016 and its final enactment by Parliament
during the first sitting after the 2016 tripartite elections.

2. Cost Analysis
The cost of running a referendum is equivalent to the cost of running a general election.
YALI is aware that the approximate cost for the 2011 General Elections stood at K322
Billion. In view of the depreciating Kwacha and the timeframe, the cost of the referendum is
projected at (rebased) K450 million to K500 Million. If the referendum is to be held
separately anytime before 2016, approximately 2 years from now, taxpayers will have to
spend a total of about K800million to K1billion to which Government argues that it would
have to divert funds from priority areas such as health, education, agriculture, and
infrastructure development. In view of the above, YALI has proposed the holding of the
Referendum alongside the 2016 Tripartite Elections.

3. Duration
The timeframe for holding the referendum has direct implications on the cost and other
activities associated with national governance and developmental priorities. There is
practically less than 2years before the next General Election in Zambia. The year 2015 will
be marked by increased political campaigns by political parties in readiness for the 2016
elections. This entails that the political scene will be polarized and the general euphoria may
render the holding of a successful referendum impossible. In view of the above and for
purposes of allowing adequate negotiation and consensus on the draft Constitution, YALI
proposes the referendum is held in 2016 after all is agreed among stakeholders and

4. Constitutional Provision (Article 79), 1996 vs the Referendum Act, 1969
The provisions of Article 79 of the Constitution of Zambia enacted in 1996 and the
Referendum Act enacted in 1969 must be reconciled and consensus on holding the
referendum using these two instruments must be reached. There is a risk factor on the
referendum in that if the process if rushed and has not received consensus, the nation may not
meet the required numbers of threshold as required by Article 79. It is a fundamental issue
that the nations go to the referendum to simply endorse the proposed constitution as opposed
to subjecting it to a contest of YES or NO. This therefore requires that all stakeholders reach
an agreement on the proposed constitution for the referendum to be successful.

YALI proposes 10-Point Master Plan leading to the enactment of the constitution
In view of the different positions taken by stakeholders and Government response, the Young
African Leaders Initiative (YALI) proposes to Government a master plan for the conclusion
of Zambias constitutional reform process. The proposal is one where the public allow
reasonable time for Cabinet to endorse the work of the Technical Committee and provide
authority for release of the Draft Constitution to the public, subsequent holding of the
National Referendum alongside the 2016 Presidential, Parliamentary and Local Government
Elections, Enactment of the new Constitution of Zambia during the first sitting of Parliament
(post 2016 General Elections) and operationalising of the new Constitution in 2017.

Step One: YALI proposes that Cabinet spends a reasonable time to endorse the work
of the Technical Committee and provide authorization for the release of the Draft

Step Two: YALI proposes the release of the Draft Constitution on August 1, 2014 by
His Excellency the President of Zambia, Mr. M. C. Sata. During this period, we
propose the Solicitor General and Law Association of Zambia (LAZ) take a lead in
proposing the necessary legal framework for protecting the process, deal with matters
incidental to holding the Referendum and enacting the Constitution. The period can
run up till the time when the Ministry of Justice submits to Parliament the proposed
Bill for the legal framework and it is proposed that the proposed 10-steps are made as
appendage to the framework.

Step Three: Upon Release of the document, we propose the document is subjected to
2 months of public scrutiny by various groups. Note must be taken that the TCDZC
had earlier proposed public validation of the final draft Constitution, a process that did
not take place. This proposed step will therefore allow the public to scrutinize the
draft Constitution as submitted by the TCDZC to Government and, should there be
any contention or objections raised, submit the same to the Negotiating Committee of
stakeholders, below. This third step is expected to end on September 30, 2014.

Step Four: YALI proposes the draft Constitution and various positions be subjected
to formal negotiations starting on October 1, 2014 with the formation of a
Constitution Negotiating Committee composed of Government Representative (e.g.
Solicitor General), the Law Association of Zambia and proposed Task Managers,
below, who will define issues of contention identified during the Silungwe review
process. During the end of this process in January 31, 2014, the Committee is
expected to reconvene a National Convention comprising of stakeholders for purposes
of negotiations and consensus building on the final negotiated Draft Constitution that
shall be submitted to the Referendum. This process can be financed from remaining
allocation towards constitutional reform in the 2014 National Budget with the re-
constitution of the National Convention budgeted for in the 2015 National Budget.

Step Five: with the end of a negotiated process on the final draft Constitution, we
propose that His Excellency, President Sata appoint a Referendum Commission by
February 1, 2015. In line with Government position on engaging stakeholders on the
roadmap towards the referendum, we propose this period is utilized by the
Commission to engage with various stakeholders on matters incidental to holding the
National Referendum which is proposed for in Step Ten.

Step Six: With an agreed position on the Draft Constitution and feedback from
various consultations held on the roadmap, we propose the Referendum Commission
frame the referendum question and begin to publicize to citizens on progress or any
alternative proposals towards the referendum. We propose this period take place
between June 1, 2015 and July 31,


Step Seven: for the period of five months ending starting on August 1, 2015 and
ending on December 31, 2015, we propose the Referendum Commission and the
Electoral Commission of Zambia (ECZ) recruit and train referendum officers, printing
of Referendum materials and do any such other work in readiness for the referendum.
We propose that funding for this process be included in the 2015 National Budget
although the Referendum Commission may lobby for funding from willing
cooperating partners.

Step Eight: Beginning January 1, 2016 until the time when the referendum is held,
we propose ECZ conduct voter registration exercise and update the voters roll by
ensuring eligible voters are captured and ready to participate in the referendum.
During this period, we propose the Referendum Commission conduct national-wide
public awareness campaigns on the Referendum with clear messages on the need for
citizens to participate and cast the ballot on the Constitution. We propose the Ministry
of Finance provides for this exercise in the 2016 National Budget although funding
from willing cooperating partners can be sourced by the Commission.

Step Nine: We propose the National Referendum is held alongside the 2016 Tripartite
Elections for Presidential, Parliamentary and Local Government. At each polling
station, citizens will be made aware of the referendum ballot which will be cast in
separate ballot box. This measure of holding the National Referendum together with
the General Election is expected to provide for consolidated expenditure from
Government and cooperating partners. By implications, the 2016 General Elections
will be held under the 1996 Constitution of Zambia.

Step Ten: Shortly after the General Elections and the successful holding of the
Referendum, we propose that the Parliament enact the New Constitution of Zambia.
We propose that the enactment of the new Constitution is done during the first sitting
when newly elected MPs are sworn in.

Step Activity Duration Expectation
No. 1: Cabinet Study the Draft
Constitution and Report of
the Technical Committee

Within a
period of time
- Cabinet Endorses Work of the
TCDZC and gives authority for the
release and publication of the Draft
No. 2 Release of the Draft
Constitution; and

Steps towards Legal
August 1, 2014

- H.E. President Sata releases the
Draft Constitution for public

- The Solicitor General and Law
Association of Zambia (LAZ) take a
lead to come up with legal
framework and agree on legal
matters relating to holding of the
No. 3 Draft Constitution
scrutinized by the Public

2 Months

August 1 - 31
September 30,
- Government and Stakeholders
(Cabinet, Political Parties, Civil
Society, Churches, Women and
Youth Movements and other
stakeholders (Chiefs, doctors, etc)
allowed to scrutinize the Draft and
submit any issues of contention to
the Negotiating Committee.
No. 4 Formation of the
Constitution Negotiating
Committee and Coordinated
Negotiations on the Draft
4 Months

October 1
January 31,

- Issues of contention during the
Silungwe review process identified
and subjected to consensus
- Negotiations on content of the draft
Constitution conducted and the
National Convention re-constituted
to facilitate agreement on the final
product for the referendum.

o Political Parties Negotiations
Task Manager

o Civil Society Negotiations
Task Manager

o Churches and other religions
Task Manager

o Women Movement Negotiations
Task Manager

o Youth Movement Negotiations
Task Manager
o Other stakeholders (Chiefs,
doctors, etc)

No. 5 His Excellency, the
President, Mr. Michael C.
Sata Appoints Referendum
3 Months

February 1,
2015 - May 31,
- Engagement of Stakeholders
(Government, Central Statistical
Office, Electoral Commission,
Political Parties, Civil Society,
Media, Church mother bodies,
cooperating partners, etc) on
Roadmap and matters incidental to
holding of the referendum
No. 6 Framing of Referendum
Questions and report toward
of Referendum Commission

2 Month

June 1, 2015
July 31, 2015
- Question framed for the referendum
and Referendum Commission
submits to Government and
stakeholders any alterations to
proposed Roadmap towards
No. 7 Preparation of Referendum 5 Months

August 1, 2015
to December
31, 2015
Referendum Commission and ECZ:
- Recruit and train referendum

- Printing of Referendum Materials
and any other work
No. 8 Registration of Voters and
Voter Education
January 1,
2016 to
- Voter registration exercise and
sensitization of voters on the
referendum conducted
No. 9 Referendum on Draft
2016 Tripartite
- Referendum held alongside 2016
Presidential, Parliamentary and
Local Government Elections

No. 10 Enactment of new
Constitution of Zambia
2016/2017 - New Constitution of Zambia enacted
during first sitting of Parliament
after 2016 General Elections
Uyhbiubb j
- New Constitution becomes
operational in 2017