By HARBGUY MWAMBAZI –
THE assent to the Amended Constitution of Zambia by President Edgar Lungu has, without doubt created questions in many citizens’ minds, especially with regard to qualifications of presidential hopefuls.
One can agree that this is going be to the first time that Zambia will trek through this new dispensation, although there are several countries that have this requirement for presidential candidates.
One such country is Australia, which upholds the importance of a presidential candidate to at least obtain an equivalent of both Grade 11 and 12 certificates.
The Australian system is set up in such a manner that anyone with ambitions of vying for elective office must have a Grade 12 certificate and must be 18 years and above, not leaving out the fact that such a candidate must also be an Australian national in possession of the required ID.
The Australian constitution says the reason of having this requirement does not only enable the candidate to have the minimum education depth, but ensures that the candidate is able to acquire higher education qualifications.
Dating back to the days of the United National Independence Party (UNIP), the Zambian electoral system did not prescribe any education qualification as a requirement to be met by any person wishing to stand as Member of Parliament (MP) or councillor, although the presidential slot was always a preserve for one person due to the one party system which was in place.
This meant that the playing field was open to anyone vying for the position of councillor or MP as long as the person belonged to the ruling party.
However, the Australian political history reveals that when former Prime Ministers John Howard, Kevin Rudd, Julia Eileen Gillard and Tony Abbott entered office, a necessary requirement of both their Grade 11 and 12 certificates was needed, and this requirement also extended to the current Prime Minister Malcolm Turnbull.
Zambia’s old system changed two weeks ago when President Edgar Lungu signed the Amended Constitution into law, paving way for a new political dispensation.
This new political system will require candidates eyeing the positions of both councillor and MP to have a minimum qualification of a Grade 12 certificate.
In the Amended Constitution, Article 100 (10) (e) states that the candidate must possess, as a minimum academic qualification, a grade twelve certificate or its equivalent, and sub-article (f) states that the candidate must be fluent in the official language.
Some sections of society feel that the new law is the best thing to have happened in the country, because it is expected that apart from natural wisdom those aspiring to the office of the President should also have educational qualifications in order for them to interpret the statutes properly.
Kafue District Council Mayor Spencer Sinkala feels that the new clause in the Amended Constitution is an endeavour to bring out a candidate suitable for the position.
“Of course this is a very good addition to the Constitution, mainly because when someone is contemplating to be a candidate, they will need a minimum Grade 12 certificate as their basic qualification from secondary school.
This is very important because the person will be better placed to understand the various national issues,” he said.
Mr Sinkala said asking for a Grade 12 certificate as a requirement was a good because the qualification would be hard to forge.
“Here, a Grade 12 certificate plays a big role in trying to minimise cases in which some people with intentions of contesting as Members of Parliament or President may resort to forging degrees and diplomas which can be obtained online. When you look at a Grade 12 certificate, everyone can agree that it is very hard to forge, hence making it hard for anyone trying to forge qualifications of higher education,” he said.
When Zambia became independent in 1964, the country had a total of only 107 university graduates from the University of Zambia and when the only university was established in 1966, it opened doors to 310 students.
Currently, with the inclusion of the Copperbelt University and other private institutions, Zambia safely boasts of having awarded more than 16,000 degrees, diplomas and certificates respectively.
In response to the new requirement this clearly demonstrates that there is a rich reservoir of academically qualified Zambians with the desire to take up the challenge in the political field.
It is not a negating factor that most people back then would start work as early as Grade 9, which, on the other side, resulted in many citizens skipping the Grade 12 hurdle of secondary school education.
Political activist Laura Miti said the new prerequisite has its own positives and negatives.
“What about those people who ended in form 2 back then, but have gone up to higher education through various foundation courses permitting them to pursue any degree or diploma of their choice? Of these, some are teachers, lectures, accountants that we have in society and their higher education might not have come through a Grade 12 certificate, but a Grade 9 certificate,” she said.
Ms Miti wondered whether those with Grade 9 certificates, but had progressed well at higher education through other means, would be left out.
“So does it mean that they are not catered for? Or maybe it requires that they go back to Grade 9 and work their way up until they reach Grade 12 just for them to qualify as a candidates? So here we see that a person’s previous educational level, attained from way back in the years, might be too much to ask for.
Should they return to school even if they currently have a degree or diploma?” she said.
Going further to the Philippines, article VII, Section 2 of the 1987 Constitution of the Philippines provides that no person may be elected President unless he or she was “able to read and write”, which would denote that the person possibly might have completed their high school education.
Another country with similar qualifications for presidential candidates is Turkey, whose Article 101 of the Constitution specifies that the “President of Turkey shall have completed high school and higher education”.
Turkey’s political set up has always advocated for the importance of education for its MPs and anyone who wishes to become President, adding that the completion of a minimum Grade 12 qualification in itself proves that the person’s understanding cannot be undermined once in office.
However, People’s Party president Mike Mulongoti said the graduation into the law of having a Grade 12 qualification as a requirement shows that the nation was trying to move at par with the western world.
“When you look everywhere else in the world, they are constantly upgrading their educational standards, especially in the political facet.
“This goes to show us that education makes it easier for them to interact with people and also ensures that someone is ready for the task ahead of him,” he said.
Mr Mulongoti said that even Zambians should strive to meet the demands stipulated in the just Amended Constitution, adding that the candidates’ excuse for not being able to upgrade their qualifications was not acceptable.
“Why should we fail to meet this requirement? If you want to become a candidate and you haven’t met the requirements then take it to task and upgrade your qualifications, it is as easy as that. Of course, we have people in society who are disadvantaged with no guardians to send them back to school, but it’s also a chance for them to go back and upgrade their qualifications if they are to meet the required standards to become a candidate,” he said.
Indeed, many views for and against the new requirements, as has been expressed, are expected on such a matter.
It has also been said by some school of thought that there is no country in the entire world that has a constitution which meets all the desires and aspirations of the people, but, to a large extent, a constitution should strive to address certain concerns at a given moment.
Nevertheless, a constitution is said to be one piece of document that is dynamic in nature, not static.