A Problem at 10 : A Zambian Constitutional Podcast: Recent Episodes
GEORGE MALIPILO
The Podcast will provide a legal oversight over the various provisions that have been proposed by the Constitutional Amendment Bill No.10 0f 2019 together with the Recommendations put forward by the Parliamentary Select Committee appointed to scruntinise The Zambian Constitutional Bill No.10 .
Alot of talking will be happening .So if you are interested. Welcome to A Problem at 10: A Zambian Constitutional Podcast Support this podcast: https://anchor.fm/george-malipilo/support
I discuss the constitutionality of the death penalty in Zambia and Offences that give rise to the death penalty. How execution of the death penalty is undertaken .I also discuss the recent proposal by the Zambian Government to abolish the death penalty and the steps that will required to achieve this.
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We answer the questions relating to "What is a Constitution ? " and the importances of the Zambian Constitution with support from two important court decisions . Cases Referres to in this Episode : 1. Christine Mulundika and 7 Others v The People Supreme Court (S.C.Z No.25 of 1995) and; 2. Godfrey Malembeka (Suing as Executive Director of Prison Care and Counselling Association) v The Attorney General and The Electoral Commission of Zambia 2016/CCZ/0013.
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This Episode looks at Clause 9 of the Constitution of Zambia(Amendment) No.10 and the suggestion of changing our current system from First-Past-The-Post to a Mixed Member System (MMP) . In this Episode we seriously look into Clause 9 of the Bill No.10 and point out the problem at 10 with clause with support from other various provisions of the Constitutions .
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Parliamentary oversight is the crux of this episode .We are looking at Clause 13 of the Constitution of Zambia (Amendment)Bill No.10 of 2019 and the proposal that Article 63 (2)(d) be deleted thus allowing the Executive to contract debt without any accountability from the National Assembly .However despite deleting this provision and Article 114(1)(e) of the Constitution of Zambia (As amended) . Article 207 of the Constitution of Zambia(Amendment No.2 of 2016) still prevents the Executive from borrowing any loan without the National Assembly's approval .
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The Episode commences with a brief overall of the actual process on how the Constitutional Amendment Bill No.10 of 2019 will be enacted and the role of the National Assembly and Parliament . The Episode also talks about proposed amendement to Article (1)(5) of the Constitution of Zambia (Amendment No.2 of 2016) .The Episode further looks at the issue concerning the Sitting of the Constitutional Court with aid from the Published Recommendations of the Select committee on the Constitution and other foreign constitutions from within the region.
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The Episode goes on a flashback journey to the prologue of how the Constitutional Amendment Bill No.10 of 2019 was born .
What were the reasons for having another amendment to the Constitution of Zambia No.12 of 2016 .
The Episode also describes the stages relating to how Bill No.10 was born and also talks about the meaning of A constitutional Amendment Bill.
Note the case I mentioned ; The correct citation is Zambia National Commerce Bank (ZANCO) v Martin Musonda & 53 Others Selected Judgement No.24 of 2018. Constitutional Court of Zambia.
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An overall of the reason for creating a podcast on the Constitutional Bill No.10 0f 2019
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