By Patrick Soko
Non-state Actors have questioned the motive behind the patriotic front administration's intention to curb Parliamentary oversight on debt contraction.
A survey conducted by the Consumer Unity Trust Society has revealed that the majority of citizens in the country feel Government has not been transparently accountable in the manner it has been contracting debt.
It further reveals that people want parliament to provide input before the executive borrows money.
CUTS Centre Coordinator Chenai Mukumba regrets that the proposed constitutional amendment bill will take away the provision that empowers parliament to approve debt contradicting the will of the people.
Ms Mukumba adds that the office of the auditor general and the office of the public protector will equally be made weak if the constitution bill is adopted in its current form.
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The Constitution of Zambia (Amendment) Bill No. 10 of 2019
Bill to amend the Constitution of Zambia with proposals to revise National
Assembly oversight over debt contraction as well as proposals to revise systems
for financial accountability.
1. Section 13 of the Constitution of Zambia (Amendment) Bill
The proposed provisions delete paragraphs (d) and (e) of Article 63 (2) the
Constitution of Zambia Act No. 2 of 2016 which provides that:
“The National Assembly shall oversee the performance of executive functions by—
(d) approving public debt before it is contracted; and
(e) approving international agreements and treaties before these are acceded to or ratified.”
National Assembly’s ability to approve public debt before it is contracted and
approved, and international agreements and treaties before these are
acceded to or ratified is removed.
3. Section 74 of the Constitution Amendment Bill further proposes the repeal of Part XVIII of the Constitution which provides for Service, Investigative and Other Commissions and Independent Offices.
Independent oversight institutions or watchdog institutions exercise oversight of the executive and public administration in a different and more specialized way compared to how parliaments exercise oversight.
With regards to the oversight institutions related to public finance, the bill proposes provisions that limit the scope and authority of the Public Protector
The proposed Article 224 (c) bars the Public Protector from investigating any matter that involves relations or dealings between the government and any foreign or international organization.
