Infringement on democracy, human rights and the rule of law through constitutional amendments: What mechanisms exist to restore Zambia?Posted: 4 December, 2019
Author: Juliet Nyamao
Human Rights Attorney, Kenyan Bar
The first Constitution of the Republic of Zambia (1964) established a multiparty system of government. However, increasing tensions between the ruling party and the opposition parties compelled the first president of the Republic of Zambia, Kenneth Kaunda, to institutionalise a one-party rule through the enactment of the Constitution of Zambia Act, 1973. The presidential rule in Zambia was reinforced, with the president as the sole player on the political scene. Following the collapse of the Soviet Union and the end of the cold war in the early 1990s, a wave of multiparty democracy swept across the African continent leading to emergence of political pluralism. Many countries in the Southern African region adopted constitutional dispensations that allowed political pluralism and cemented the roles of the different branches of governments. Zambia, a former British colony, was no exception to the wind of change; they adopted their new Constitution of Zambia, 1991 that restored multiparty democracy. Thereafter, the Constitution of Zambia (Amendment) Act No. 2 of 2016 spelt out the roles and mandates of the different branches of government and directed that all State organs and State institutions abide by and respect the sovereign will of the people of Zambia. This Constitution ensured separation of powers between the various branches of the government, which is crucial to uphold democracy, human rights and the rule of law.
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After spending more than 21 years at the helm of Ethiopian politics, Meles Zenawi died of an unannounced sickness in August 2012. The absolute dominance of the ruling party, the Ethiopian People’s Revolutionary Democratic Front (EPRDF), facilitated the smooth transition of power to the former Deputy Prime Minister, Halemariam Desalegn. Following the confirmation of Hailemariam as the new Prime Minister, the EPRDF announced that it has imposed, as part of its succession policy, two five-year term limits on all ministerial positions, including the position of the Prime Minster.The Party has also set a maximum age limit on the same positions. Henceforth, a Minister cannot be more than 65 years of age.