Constitutional Reform – An Electoral Perspective

Why are we having this election? Think about it. No, your first answer is wrong. It is not because Levy Mwanawasa died.

It is because our constitution does not allow for a Vice-President to take over and complete the term in office. In Zambia Vice-President’s are chosen after Election Day, so have no electoral mandate themselves. This is exactly why we are now holding this by-election; Rupiah Banda needs a mandate from the people to govern. This Constitutional deficiency has given people like Sata and HH another chance at getting elected – for them this loophole in the Constitution is a gift.

In America the Republicans have John McCain and Sarah Palin on their ‘ticket’. The Democrat’s ‘ticket’ is Barak Obama and Joe Biden. When JFK was assassinated in Dallas Vice-President Lyndon Johnson was sworn in as President on the plane back to Washington. So within hours America had a new President. Government continued and although the American nation was in mourning it was not in crisis. When Richard Nixon was forced to resign over the Watergate scandal Vice-President Gerald Ford took over with immediate effect.

Had our constitution allowed for Rupiah Banda to be sworn in as President the Zambia would be in the same situation. We would not have to be spending billions of Kwacha on printing ballot papers and other paraphernalia required to hold an election. So when this is all over can we please get back to reviewing the Constitution. Can we please change the law so that a Vice-Presidential candidate is known before polling day? Let that person also have an electoral mandate to run the country in the event of the untimely demise of the President.

Choosing a suitable running mate will tell the people a lot about the Presidential wannabee. We would be able to compare the ‘tickets’ of the parties involved and we would know exactly how genuine they are about the political agendas. Mind you it is worth remembering that Sata tried to change the Constitution in favour of a Chiluba third term – perish the thought. Had he succeeded we would not have this Constitutional crisis; we would be living in a dictatorship.