Constitutional crisis looms

Zambia looked headed for a constitutional crisis on Friday, after its new parliament closed unceremoniously only hours after it started sitting following sharp differences over the election process for a Speaker, political analysts said. Police were called to restore order after indignant opposition members turned on parliamentary officials, including Clerk of the National Assembly Mwelwa Chibesakunda, in an unruly protest against the manner in which the voting was to be run. Chibesakunda had planned to conduct the poll by secret ballot - a move opposition parliamentarians feared was intended to manipulate the ballot in favour of the ruling Movement for Multiparty Democracy (MMD). The parliament is for the first time in its history dominated by the opposition, which holds 81 of the 158 seats. Opposition members have resolved to vote as a bloc to ensure that one of them is made Speaker. However, it is widely suspected that the MMD has "paid" some opposition members to vote for its candidate, and is therefore anxious that be voting be secret, analysts say. The suspicion that the ruling party is up to no good has been reinforced by a government decision to ban the media from observing the election. The constitution stipulates that voting for the Speaker be done by affirmation. "There was a huge uproar in the House after Chibesakunda tried to impose what he called the rules governing the elections for the speaker on us. There would have been a huge fight, but police were called in quickly," opposition parliamentarian Dipak Patel told IRIN. Chibesakunda indefinitely deferred the business of the House until the question of the election can be put before the High Court for judicial review. "We could be headed for a constitutional crisis," Patel said. "This is all new territory, and there is no telling how it will be resolved. However, if the court rules against us, we will take the matter to the Supreme Court". However, the Law Association of Zambia (LAZ) said the issue was straight forward and should be resolved in favour of the opposition. "The standing orders are clear: election of the Speaker should be done through acclamation and not through a secret ballot," LAZ president Nellie Mutti said. The opposition, which is convinced that the ruling party rigged the 27 December general elections and is challenging President Levy Mwanawasa's presidency in three separate electoral petitions, is determined to use its numerical advantage in parliament to weaken his government. Some opposition leaders have suggested that the national budget, scheduled for presentation in the House next month, should be rejected. "Our position will depend on how President Mwanawasa outlines his government's policies in his official speech to the House. If the reality does not coincide with his vision, we will not support him", Patel told IRIN on Thursday. "Unfortunately, his performance so far has been wanting. For example, he is not talking about constitutional reforms, which is on top of our agenda," he added. The opposition's parliamentary majority puts the Mwanawasa government in a precarious situation. If the opposition blocks the budget three times in succession, he will be obliged to dissolve parliament and call for fresh elections.