The implications of Article 81 of the Zambian Constitution on the principle of Parliamentary autonomy; A case study on the controversy surrounding the media bills

Abstract

At the risk of monotony, one dares to add their voice to the age-old problem of flagrant excesses in governmental power. Where, however, the existing constructional framework of the nation exacerbates these excesses, it becomes necessary to rethink certain attributes of that framework, and to propose ways and means of stemming the problem. This issue acquires gravity when the source of the problem is, to a great extent, the written constitution of the land, that very sacrosanct document not amenable to constant tinkling, and usually perceived as containing unimpeachable wisdomThis paper proposes a critical review and reformulation of Article 81 of the Zambian Constitution, for its perceived detrimental impact on the autonomy of the Zambian Parliament, that August house whose independence is a sine qua non to good governance, observance of the rule of law and ultimately, economic and social development. The experience, in the year 2002, with the Media Bills, clearly showed the hidden power inherent in that Article, and the use to which it can be put. The paper discusses these issues, and proposes changes to our constitution framework.