I resigned from the National Dialogue Forum (NDF) because I did not want to be involved in a Constitution making process that was not people driven, a University of Zambia (UNZA) lecturer has told the Constitutional Court.
Dr O’Brien Kaaba, a lecturer in the School of Law, testified that the NDF was intended to refine the Constitution and to get rid of the lacunas in certain provisions, but to his surprise, he came across a document indicating a number of proposed amendments to the Constitution.
Meanwhile, the Constitutional Court on Wednesday dismissed, for lack of merit, an application by Chapter One Foundation in which it asked the court to allow its two witnesses who are abroad to testify in its petition via a video link.
The court further threw out an application by Chapter One Foundation to turn the University of Zambia lecturer, into an expert witness.
In this matter, Law Association of Zambia (LAZ) and Chapter One Foundation Limited are challenging government’s decision to alter the Constitution of Zambia through the Constitution (Amendment) Bill No.10 of 2019.
Previously, LAZ closed it’s case in the matter after calling only one witness.
Chapter One Foundation, through its lawyer Linda Kasonde also asked the court to allow it’s witnesses who are currently abroad, to testify in the matter via a video link.
But when the matter came up, Wednesday, the full bench of the court constituting seven judges headed by Constitutional Court president Hildah Chibomba, dismissed the application by Chapter One Foundation to have its witnesses testify via video link saying it was unmeritorious.
Justice Enock Mulembe, who read the ruling on behalf of other judges, said there was no guidance and protocol under the Zambian jurisdiction which allowed a witness to testify in such a manner.
He added that the court was therefore urging the drafters of the Constitution to consider looking at certain provisions of the law which provide for procedures which will enable witnesses to testify via video link
Judge Mulembe said the rules of the court require that a witness was cross examined orally and not electronically.
After the court dismissed the application, Chapter One Foundation, through its lawyer Linda Kasonde, called Dr Kaaba to the stand as its first witness.
But when Kasonde informed the court that Dr Kaaba be turned into an expert witness, the State objected on grounds that Chapter One Foundation had not sought leave of the court for Dr Kaaba to be turned into an expert witness.
The State said the law clearly provided that an expert witness could not be called to testify unless there was a prior application for leave of the court.
And in a ruling delivered by justice Martin Musaluke on behalf of other judges, the court dismissed the application.
Chapter One Foundation, however, brought Dr Kaaba as a witness of fact and he testified as its first witness.
In his testimony, Dr Kaaba testified that he participated in the Constitution making process in April this year.
He told the court that he represented UNZA at the National Dialogue Forum which was constituted under the National Dialogue Act for the consideration of a Bill intended to amend the Constitution together with other Bills relating to the Public Order Act and the electoral process.
The witness told the court that NDF was intended to refine the Constitution and to get rid of the lacunas in certain provisions, but to his surprise, he came across a document indicating a number of proposed amendments to the Constitution.
Dr Kaaba said he later resigned after being uncomfortable with the scope of proposed amendments to the Constitution which he said almost covered the entire Constitution when he was a meant to understand it was aimed at refining lacunas.
“I realized that the scope of work was extensive as it was not just about refining the Constitution but the Bill had several proposed amendments. I was not comfortable with the said decision as the Forum was constituted for the refinement of the constitution. I told my supervisor that I was going to resign from the Forum and the next sitting on a Monday I tendered my resignation as a member,” he said.
Dr Kaaba testified that the amendments were a complete overhaul of the Constitution and not refinement.
He said the scope of proposed amendments was not appropriate for the kind of the forum because as a law lecturer, a Constitution was a people driven process.
“What the President said and what was contained in the documents was different as he talked about refinement and not amendment. I resigned because I did not want to be involved in the Constitution making process that was not people driven as the national values and principles of the Constitution were not explained to the Forum,” said Dr Kaaba.
The witness was later subjected to cross examination by the State.
Hearing continues.
One Response
These are real lawyers, stick to law, not siding with president.. The constitution court members are scared of the president. Why can’t you be like here in American , where Teump, is being challenged disputed being the president. This is real law at hand, no favour or fear. If it is wrong it is wrong, why make it right. Twakana sana.