Written by By Kellys Kaunda
CONSTITUTIONALISM VS POLITICAL CULTURE – ZAMBIANS CHOOSE THE LATTER
When John Sangwa decided to throw in the towel citing unconstitutional demands by both the office of the Registrar of Societies and that of the Inspector General of Police, supporters of the ruling party, in unison, kind of raised their glasses in a sign of triumph.
Their uniform and predictable responses came across as though they felt a significant sense of relief.
Here are some of the most popular and representative responses.
“Politics is not for the faint-hearted; politics teyabaiche (politics is not for children); we knew he wasn’t going to last; he thought because he was popular in his professional circles, he was going to be equally popular in politics; he should have been as strong as Hichilema; and this is politics”.
If you paid careful attention to the foundational justification John Sangwa proffered for the formation of the Movement for National Renewal, constitutionalism was the issue.
For non-casual political thinkers, there was significant depth to the matter.
The Zambian political culture is so tattered and so tainted, if it were a table, its legs would be so wobbly, it wouldn’t stand on the country’s constitutional foundation.
In practice, a number of subsidiary pieces of legislation have, over the years, been systematically introduced whose cumulative effect is to erode the fundamental intent of the constitution.
These laws and their administrative mechanisms have taken precedence over the spirit of the constitution.
Like Jewish slaves who had spent around 400 years in servitude in Egypt, Zambians have lost a sense of the original intent of the constitution.
With no Moses to remind them of their purpose in life, the Jewish nation accepted Pharaoh’s rule as their guiding principles.
Similarly, with no one to remind them of their mastery of the affairs of their country, Zambians accept the discretionary powers that the Registrar of Societies has been enjoying as normal.It
One of the perfect entry points for political corruption and the erosion of the rule of law is the existence of discretionary powers of public officials.
A close study of such official privileges has revealed their corrosive effect on the highest law in the land.
The greatest beneficiaries are often ruling parties. So, they purposely choose to allow matters to stay as they are.
The officers occupying these offices know why they have been placed there.
Falling onto plausible deniability, ruling party politicians routinely dismiss any accusations of giving directives to officers occupying the office of Registrar of Societies.
This is politically too attractive an office to be left to operate in accordance with the spirit of the constitution.
He that controls this office can decide who ends up on the ballot paper. This makes Zambia’s democracy a poisoned chalice.
It makes the registration of a political party unnecessarily too hard and too acrimonious.
To hide the truth from Zambians and legitimize these unconstitutional practices, politicians have coined such terms as: politics is not for the faint-hearted; its not for children, and someone must have stamina to endure the obstacles.
These are lies. Unfortunately, they have been told so many times, most Zambians have learnt to live with them.
Just because you have learnt to live with such conditions don’t make them constitutionally acceptable.
If, like John Sangwa, you knew the truth about constitutionalism, you may choose to walk away. Others decide to stay and wade through the mud.
For most Zambians, concepts such as constitutionalism are too abstract for their appreciation and yet the concept is indispensable to the defense of their fundamental rights.
Constitutionalism is a call to the basics, a call to return home because we have wandered too far away and lost in the process.
Unfortunately, we are too mixed a multitude, some of our brethren seem comfortable in the wilderness.
I agree with you. The Societies Act should be Anchored on the Supreme Law of the Land, the Constitution but you discover that some components of this act are at variance with the constitution.Meanwhile the administration of the act is another issue..The Registrar of Societies seems to be more powerful than the Constitution.
There is the Electoral Process Amendment bill 2026, which has been presented to Parliament. It is looking like another Constitution.
I thought proportional representation was just for Members of Parliament. The Bill however extends this to local government, Councillors.
I don’t know where this is coming from. The illegitimate and Unconstitutional Bill 7, talked about a Hybrid system… Constituency based seats and Mixed Representation. I don’t remember hearing anything about ward based seats and proportional representation at Ward level.
The submission of Party Lists for Proportional Representation, based on an Assumption that a Party will win 100% of these Seats, how the winner will be selected from these party Lists, Resignation, expulsion , Death, and how to fill a Vacancy of a seat won by Proportional Representation. These are Constitution matters.
They should have been in the Amended Constitution.After realizing the Lacuna in the Amended Constitution,
the act is inserting clauses which are not in the Constitution…It is redrafting the Constitution . This can’t be right.
The Amended Constitution should again be amended to address this lacuna..It can’t be done through the back door using the electoral process Act.
Someone defined politics as the means by which you translate personal beliefs into PUBLIC policy. By quiting, Mr. Sangwa let go of the chance to stamp his belief in constitutionalism onto the national psyche.
He has also exposed himself as having no staying capacity. How does someone quit after facing such minor hurdles as delayed registration, problems with fund raising, lack of space to organise? Some of his counterparts had to face life threatening situations, literally.
Maybe Mr. Samgwa has the Mida’s touch and in this case it didn’t work. Being President requires high levels of patience and tolerance. On this score, Mr. Sangwa falls seriously short of expectations.