By Daily Revelation Editor
Ruling UPND deputy secretary general Gertrude Imenda says President Hakainde Hichilema did not replace former Local Government minister Garry Nkombo with a women because the compelling clause is not yet in the Constitution.
She said this after Hichilema last Friday fired Nkombo and replaced him with Sinazongwe member of parliament, Gift Sialubalo, sparking a debate particularly as the President has argued about pushing to amend the Republican Constitution so that he could appoint more women and youths in key governance positions. However, the Law Association of Zambia last week observed that there was legislation already that could be used to appoint more women and youths in key governance positions.
And not too long ago, Hichilema’s supporter, Laura Miti argued along similar lines, reminding the President about a passage in the 2016 amended Constitution on 259, that provides that “(1) Where a person is empowered to make a nomination or an appointment to a public office, that person shall ensure – (a) that the person being nominated or appointed has the requisite qualification to discharge the functions of the office, as prescribed or specified in public officer circulars or establishment registers; (b) that fifty percent of each gender is nominated or appointed from the total available positions, unless it is not practicable to do so; and (c) equitable representation of the youth and persons with disabilities, where these qualify for nomination or appointment. (2) A person empowered to make a nomination or appointment to a public office shall, where possible, ensure that the nomination or appointment reflects the regional diversity of the people of Zambia.”
With regards the arguments being raised, it is important however, to acknowledge that Hichilema has the discretion to appoint whoever he wants to any governance position. That is a guaranteed privilege that cannot be taken away from him. And whatever motivation he had in appointing Sialubalo to replace Nkombo, that is entirely something he’s entitled to do.
However, to argue as Imenda is arguing that he could not appoint a woman on account of there being no compelling law for him to do so is not true, as there are laws he can use to achieve more women, youth and people with disabilities representation in the governance of this country.
Arguments are being made that Hichilema is merely using women, youths and people with disabilities argument in order to push through with his self-seeking constitutional amendments, most of which is just a reincarnation of the infamous Bill 10, which he and many other Zambians viciously opposed and defeated.
Hichilema can appoint more women, youths and people with disabilities anytime he wished if he simply had the political will to do so. It is not always wise to hide one’s inefficiencies behind the law.
While it is always welcome to come up with laws that seek to address the marginalisation of specific groups, nothing can be achieved even with the best of laws in the statute books, if there is no political will to enforce them.
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By Daily Revelation Editor
Ruling UPND deputy secretary general Gertrude Imenda says President Hakainde Hichilema did not replace former Local Government minister Garry Nkombo with a women because the compelling clause is not yet in the Constitution.
She said this after Hichilema last Friday fired Nkombo and replaced him with Sinazongwe member of parliament, Gift Sialubalo, sparking a debate particularly as the President has argued about pushing to amend the Republican Constitution so that he could appoint more women and youths in key governance positions. However, the Law Association of Zambia last week observed that there was legislation already that could be used to appoint more women and youths in key governance positions.
And not too long ago, Hichilema’s supporter, Laura Miti argued along similar lines, reminding the President about a passage in the 2016 amended Constitution on 259, that provides that “(1) Where a person is empowered to make a nomination or an appointment to a public office, that person shall ensure – (a) that the person being nominated or appointed has the requisite qualification to discharge the functions of the office, as prescribed or specified in public officer circulars or establishment registers; (b) that fifty percent of each gender is nominated or appointed from the total available positions, unless it is not practicable to do so; and (c) equitable representation of the youth and persons with disabilities, where these qualify for nomination or appointment. (2) A person empowered to make a nomination or appointment to a public office shall, where possible, ensure that the nomination or appointment reflects the regional diversity of the people of Zambia.”
With regards the arguments being raised, it is important however, to acknowledge that Hichilema has the discretion to appoint whoever he wants to any governance position. That is a guaranteed privilege that cannot be taken away from him. And whatever motivation he had in appointing Sialubalo to replace Nkombo, that is entirely something he’s entitled to do.
However, to argue as Imenda is arguing that he could not appoint a woman on account of there being no compelling law for him to do so is not true, as there are laws he can use to achieve more women, youth and people with disabilities representation in the governance of this country.
Arguments are being made that Hichilema is merely using women, youths and people with disabilities argument in order to push through with his self-seeking constitutional amendments, most of which is just a reincarnation of the infamous Bill 10, which he and many other Zambians viciously opposed and defeated.
Hichilema can appoint more women, youths and people with disabilities anytime he wished if he simply had the political will to do so. It is not always wise to hide one’s inefficiencies behind the law.
While it is always welcome to come up with laws that seek to address the marginalisation of specific groups, nothing can be achieved even with the best of laws in the statute books, if there is no political will to enforce them.
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