Constitution making in Zambia : the need for a new perspective

Abstract

"While public participation in constitution-making is recognised under international law, its extent is not elaborated. This has resulted in governments pursuing constitution-making processes that, despite involving public participation, do not involve meaningful public participation. As shall be illustrated in this study, this is the dilemma faced in Zambia. Zambia has experienced constitutional instability since independence. It has had four constitutions since then, and is currently in the process of making its fifth. This will represent an average of a new constitution every eight years: one of the highest rates of constitutional change in Commonwealth Africa. This is an unimpressive record in so far as it is generally accepted that a constitution defines and limits the exercise of governmental power, and regulates major political activities in a country. It cannot, therefore, be frequently subjected to change like any other ordinary piece of legislation. ... This study constitutes five chapters. Chapter one introduces the study. Chapter two analyses the origins and nature of government and constitution. Chapter three examines and analyses the constitutional development process in Zambia from the pre-colonial period to the current time. In chapter four, the making of the current constitution of South Africa is duscussed and analysed. Chapter five provides the conclusion and recommendations." -- Introduction.