The first draft consists of several progressive articles and clauses on media freedom, freedom of express and the right to access information.
(MISA/IFEX) – 8 May 2012 – On 30 April 2012, Chairperson of the Technical Committee On Drafting The Zambian Constitution (TCDZC), Justice Annel Silungwe launched the 2012 First Draft Constitution for purposes of wide consultation with the public. The committee started work on the draft charter on 1 December 2011 and was supposed to have produced the draft in February 2012 but failed to do so.
Regardless, this first draft consists of several progressive articles and clauses on media freedom, freedom of express, right to access information and even freedom to state-owned media.
Article 38, clause (1) says: “Freedom and independence of electronic, print and other type of media is guaranteed.” Clause (2) says: “The State shall not (a) exercise control over, or interfere with, any person engaged in broadcasting, the production or circulation of any publication or the dissemination of information by any medium; or (b) penalize any person for any opinion or the content of any broadcast, publication or dissemination.”
Clause (3) states: “Broadcasting and other electronic media shall be subject to licensing procedures that are (a) necessary to regulate signals and signal distribution; and (b) free from political or commercial interference.” Clause (4) says: “All state-owned media shall (a) be free to determine independently the editorial content of their broadcasts or communication; (b) be independent and impartial; and (c) afford fair opportunity for the presentation of divergent views and dissemination of opinions.” This clause, however, will need Parliament to enact legislation that can bring it into effect.
Also provided for in the draft constitution is the right to access information under Article 37. Clause (1) states: “A citizen has the right of access to (a) information held by the state” and clause (3) states: “the State has the obligation to publicise any information that is in the public interest or affects the welfare of the nation.”
Freedom of expression, which includes the freedom to hold an opinion, to receive and impart information or ideas, freedom of artistic creativity, academic freedom and freedom of scientific research is provided for in Article 36.
Zambia’s journey to put in place a Constitution that would stand the test of time started slightly more than two decades ago. Justice Silungwe hopes that its conclusion was now in sight.
“As chairperson of the technical committee, I feel a great sense of joy and relief that, after long hours of work by the members of the committee, the legislative draftspersons and the entire secretariat, we have a product on which to base our on-going consultations,” said Justice Silungwe.
MISA-Zambia has begun the process of going through the current draft and will be making its comments and submissions thereafter.