Constraints on the legal framework and Institution governing the legislative; Zambian case study
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Date
2013-10-04
Authors
Sike, Arthur (JR)
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Abstract
Essentially, the dissertation has primarily focused on the legal framework governing the appointments of Members of Parliament belonging to both the ruling party, (Movement for Multi- party Democracy), and other opposition political parties to Cabinet, within the Zambian perspective. The afore-mentioned has been considered in the context relating to the adequacy of the law presently, since it is the author's view that the recent appointments of opposition party Members of Parliament to Cabinet by the President, (Mr. Manawasa) in the quest of desired national unity has facilitated for the opposition political parties to expel their Members of Parliament who were appointed, basing their argument on the fact that those appointed Members of Parliament to Government had breached the Party's policy and regulations.The exposition has endeavored to illustratively demonstrate that the President is given latitude by the law to appoint Cabinet Ministers from among Members of Parliament. However, the law currently, has demonstrated to be insufficient to insulate the Legislature from being held to ransom from political parties, hence the failure of the Legislature to realize its potential and function with regards to effectively represent the citizenry who elect the Members of Parliament by adult suffrage. Thus far emphasized, the expelled Members of Parliament have necessitated for Bye-elections which are costly and more so, creating an imbalance in the House, in which case, the electorates are losing out from being represented.In view of the foregoing, the author has emphatically stated that the law has to be reviewed because it (Law) is constrained in this regard, and that opposition political parties should stop interfering with this important institution, save to say that, political parties in Zambia are regarded as clubs, and their actions are justified, hence, emerging as supreme over the Legislature.Furthermore, the thesis has examined the independence of the Judiciary with regards to its effectiveness in policing the Legislature. However, a postmortem has exemplified that the Judiciary in Zambia is timid, in that political interference has regrettably taken centre stage. This has affected the effective policing of the Legislature, thus, the failure in realizing good governance and constitutionalism in Zambia.
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Constitutional law --Zambi , Legislature-Zambia