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Russian
00:00:01
uh as usual after00:00:03
every lecture i'm going to send you the00:00:06
video00:00:07
but i'm not going to send you this book00:00:08
because i had to pay for it00:00:11
but when i send you the video00:00:15
you should use that video to write down00:00:17
the notes in your civic education00:00:19
tuition book00:00:21
are we together00:00:24
all right so you can see that we do have00:00:27
a lot of topics to cover in a civic00:00:30
education00:00:33
great 10 work grade 11 work civil00:00:36
society media governance00:00:39
zambia bureau of rights family law we do00:00:42
have a lot of things to cover i'm hoping00:00:45
by um00:00:47
july we should at least finish 9000:00:50
percent of all the topics so that the00:00:52
remaining00:00:53
amount of time we can just focus on00:00:56
past paper revision all right so i00:01:00
can you see my screen00:01:07
yes all right okay thank you00:01:10
so our first topic today in uh civic00:01:13
education00:01:14
is uh by the way you can buy this book00:01:16
you can go in book world and just ask00:01:18
for the book00:01:19
uh high marks in civic education from00:01:22
grade 10 to 12 you're going to find it00:01:24
it's a very good book00:01:26
and it has got 148 pages which we have00:01:29
to know we have to00:01:30
really study all these topics but the00:01:33
good part is that00:01:34
you have videos and you are going to be00:01:38
able to write the notes00:01:39
in your book as a form of revision00:01:42
and before your civic education exam00:01:44
please just keep on watching these00:01:46
videos00:01:47
so we have to start this lecture by00:01:50
defining what a constitution00:01:52
is because you know every single country00:01:56
has some form of00:01:57
rules and regulation that govern the way00:02:00
people live you know without rules and00:02:02
regulations00:02:04
there will be chaos so to avoid the00:02:07
chaos00:02:08
of um of people uh00:02:12
people come up with something known as a00:02:14
government00:02:15
or some form of government structural00:02:18
system00:02:19
and they come up with the laws00:02:22
and regulations that are going to govern00:02:24
those people00:02:25
which is a constitution so by definition00:02:29
these will come in multiple choice or an00:02:32
essay because00:02:34
in an exam they take into account your00:02:37
grade 10 work00:02:38
all the way to grade 12 work they won't00:02:40
leave something behind because00:02:42
they know that in order for people to00:02:45
pass they should bring00:02:47
a combination of simple things00:02:50
and difficult things so these are among00:02:52
the simple things that the examiners00:02:54
usually like to bring00:02:56
in either the mcq or the exams00:02:59
so a constitution means rules made by a00:03:02
particular society00:03:04
and agreed to be governed by them so00:03:07
they agree00:03:08
they are made and they agreed to be00:03:10
governed by them00:03:12
so it also means a set of00:03:15
rules but or of a particular society00:03:19
has agreed to be governed by00:03:23
and it is the highest law of the land00:03:26
no wonder they say no one is above the00:03:28
constitution because00:03:30
this is the highest law of the land you00:03:33
can commit some form of corruption you00:03:35
can00:03:37
commit minor crimes but once00:03:41
uh you commit a crime against the00:03:43
constitution there is no00:03:45
escaping that it is the highest law00:03:48
of the land so an exam question can come00:03:52
write an essay on the types of00:03:54
constitution00:03:56
that we have in that essay give um00:04:00
the merits of that constitution give the00:04:03
demerits of that constitution00:04:05
so regardless of whatever country that00:04:07
you come from00:04:09
a constitution can either be uh written00:04:13
a constitution00:04:14
a constitution can either be written00:04:18
or unwritten flexible00:04:22
or rigid so these are the four types of00:04:25
constitutions00:04:26
and we have to look at each and we have00:04:29
to look at00:04:30
all of these types of constitutions in00:04:33
details00:04:34
but the first thing that i want us to00:04:36
talk about is00:04:37
um what does it mean for something to00:04:41
have00:04:42
merits so what does it the definition of00:04:45
merit00:04:46
uh can you see my discord box that has00:04:49
appeared here00:04:52
because every type of constitution is00:04:54
going to have a merit00:04:56
and it also have demerits so the00:04:59
definition of a merit00:05:00
is what i've written on the board or on00:05:03
the00:05:04
display screen there a merit for a00:05:07
constitution to have a merit it's the00:05:10
quality of being particularly00:05:13
good or worthy especially00:05:17
so as to deserve praise or reward00:05:20
so something that's very good and worthy00:05:23
the00:05:24
um demands merit00:05:27
you you've seen that okay give um always00:05:30
give credit where credit is due that's00:05:33
called giving merit because of something that's00:05:36
particularly good00:05:37
or worthy so when someone says all right00:05:40
what are the merits of these00:05:42
constitutions they are saying00:05:44
what are the good qualities the00:05:46
desirable qualities that deserve prayers00:05:48
and rewards00:05:50
for this type of constitution00:05:54
uh i hope you are following00:05:58
all right so these are a few examples of00:06:01
the merits the rewards the desirable00:06:04
qualities of a good constitution00:06:07
it is clear and definite00:06:10
here the word definite here it shouldn't00:06:13
be subject00:06:14
to it shouldn't be vague it should be00:06:17
clearly defined so here's the definition00:06:19
of a00:06:20
definite clearly stated00:06:23
or decided not vague or doubtful00:06:26
shouldn't be doubtful00:06:27
a good constitution which is subject to00:06:31
merit so merits of a written00:06:33
constitution00:06:34
or better we are now talking about a00:06:36
written constitution00:06:38
so by definition so we're talking about00:06:40
these one by one written00:06:42
and written flexible or rigid so a00:06:45
written constitution00:06:47
is a type of constitution in which all00:06:50
the rules or provisions are written in00:06:52
one single document00:06:54
so you can even have access to a digital00:06:57
copy of00:06:59
the constitution and you can read and00:07:01
understand00:07:02
what that constitution is talking about00:07:05
so it's written in one document00:07:07
that's the definition of a written00:07:09
constitution00:07:10
and it has a number of merits and00:07:13
the merits that we're going to talk00:07:15
about so right now we're focusing00:07:17
on the merits of the written00:07:19
constitution00:07:20
so because it's written it's clear and00:07:22
definite meaning00:07:24
it's it's not vague it's just right00:07:27
there straight to the point00:07:29
and like i said people can access a00:07:31
digital copy so people can easily read00:07:34
and understand the structure and00:07:36
functions of00:07:37
each organ of uh the government what00:07:40
are the the organs of the government for00:07:43
going to look at them shortly00:07:45
like the judiciary the legislature the00:07:47
financial00:07:49
organ so because it's a written document00:07:53
you can easily read and understand00:07:55
your government of that particular00:07:57
country00:07:59
so it cannot be easily amended so00:08:01
amended means00:08:03
it cannot be manipulated in any way to00:08:06
to suit someone's particular needs and00:08:09
emotions for example00:08:11
the way people amend uh holy scriptures00:08:14
like the bible you'll find that00:08:16
all right one particular verse has a lot00:08:19
of interpretations00:08:21
that's sort of not good but the good00:08:23
part about the written00:08:25
constitution it cannot easily be00:08:28
changed or amended or manipulated00:08:31
without passing through some form of00:08:33
system to change that00:08:35
that law in the constitution another00:08:39
good quality00:08:40
another merit it is clear and very00:08:42
democratic00:08:44
uh since the citizens are highly00:08:47
involved00:08:48
in the decision-making process so it's00:08:50
clear and democratic since the citizens00:08:53
are able to00:08:54
prove thy reading what is this built in00:08:57
about00:08:58
let me read about it can i give it a00:09:01
merit00:09:02
can i demerit it so you see that a00:09:04
written constitution00:09:06
is very very democratic00:09:09
so these are the points that you have to00:09:11
choose when you define a written00:09:13
constitution00:09:14
and the merits of the written00:09:16
constitution so00:09:18
with every advantage there is some form00:09:21
of disadvantages00:09:23
so what are some of the demerits of00:09:26
a written constitution so when we said00:09:28
the merits00:09:29
um when we said the merits this was me00:09:32
explaining what00:09:33
amend is i've already explained the00:09:35
torment is to make minor changes or to00:09:37
manipulate00:09:38
uh some form of document so let's look00:09:41
at some of the demerits of the written00:09:43
constitution00:09:45
so we have to first understand what does00:09:47
this term mean here at the merit00:09:50
a demerit means a fault or a00:09:52
disadvantage00:09:54
so every time you see the words demerit00:09:56
remember civic education is about00:09:58
you have to know a lot of terminologies00:10:00
or else it will seem boring and00:10:02
uninteresting00:10:03
so make sure as you are studying you you00:10:05
know the particular definitions00:10:08
so a demerit is a thought or00:10:11
a disadvantage so what are some of the00:10:14
disadvantages of the00:10:16
written constitution so the first thing00:10:19
is that the powers of interpretation are always00:10:22
with the judiciary00:10:24
on the rules you know some of these00:10:27
constitutions they are very very00:10:29
difficult to understand00:10:31
so you might need someone who's maybe uh00:10:34
has a detailed understanding of law00:10:36
maybe they went to00:10:37
the alien for further training so00:10:40
interpreting these00:10:41
it might not be so easy to00:10:44
a zambian citizen who hasn't done some00:10:47
form of00:10:48
law studies so mostly the powers of00:10:51
interpretation00:10:53
are always with the judiciary which is00:10:55
an organ of00:10:57
of our government on the rules00:11:01
and the judges00:11:04
may interpret the rules wrongly00:11:08
to meet certain uh so that they can try00:11:11
to00:11:12
amend or manipulate or change it in a00:11:15
certain way because these are very00:11:17
highly00:11:18
judges are very highly educated people00:11:20
so they may00:11:21
interpret the the rules very00:11:24
wrongly it compresses all00:11:28
the rules and details in one single00:11:30
document00:11:32
so sometimes you need like a volume one00:11:35
volume two00:11:36
maybe another different type of document00:11:39
that can00:11:40
explain certain sub-segments of the00:11:43
constitution00:11:44
even more clearly but this one it's just00:11:47
one single document everything has to be00:11:50
compressed in that document00:11:53
meaning it has to be straight to the00:11:55
point you can even miss00:11:57
out certain things that you thought are00:11:59
not important but are important00:12:01
so that's one of the disadvantages it00:12:03
compresses all the rules00:12:05
and ideas in a single document which is00:12:09
not so good so that's uh00:12:12
it's about a written constitution have00:12:15
you gotten something from that00:12:20
yes all right thank you so let's go00:12:23
uh into the second type of the00:12:25
constitution which is00:12:27
an unwritten constitution so just by the00:12:30
way00:12:31
uh by its definition you know it's00:12:33
unwritten it means00:12:35
it's practically not in a document so00:12:38
this is a type of constitution where its00:12:41
provisions or rules are not written00:12:43
in a single document so it's uh it00:12:46
it has multiple forms of documents and00:12:49
this constitution00:12:51
mainly depends on the customs so what00:12:53
exactly here are we talking about in00:12:55
terms of00:12:56
customs what does the word custom mean00:12:59
member terminology so a custom00:13:03
is a traditional or widely accepted way00:13:06
of behaving00:13:07
or doing something that is specific to a00:13:09
particular society00:13:11
place or time if they say no00:13:17
zambia is a christian nation that's one00:13:20
of the customs that we practice00:13:22
uh in zambia whether it's it's a good00:13:24
thing or a bad thing but it's cultural00:13:26
uh culturally accepted that we are00:13:29
widely a christian nation00:13:31
but in some in some other islamic states00:13:34
women are not allowed to drive women are00:13:36
not allowed to00:13:38
sort of wear trouser cells they are sort00:13:40
of in00:13:41
veils covering their faces because00:13:44
it's their customs meaning they are00:13:46
going to base00:13:48
their constitutional laws based on their00:13:51
beliefs00:13:52
based on their cultural systems so00:13:54
that's what a custom means it's a00:13:56
traditional00:13:57
and widely accepted way of behaving or00:14:00
doing something that is specific00:14:02
to a particular society place and time00:14:06
so that's one of the characteristics of00:14:08
an unwritten constitution it mainly00:14:10
depends on the customs00:14:12
a good example by the way this can be an00:14:14
mcq britain00:14:16
is an example of such a constitution00:14:19
so britain is an example of an unwritten00:14:22
constitution00:14:23
however even if britain has an unwritten00:14:27
constitution where you have00:14:29
the the whole cultural queen queen of00:14:32
england etc00:14:34
it does have some form of written00:14:35
constitution for example its bill of00:14:38
rights00:14:39
and act of settlement00:14:42
so what are the merits of an unwritten00:14:44
constitution what are some of the00:14:46
advantages00:14:47
of an unwritten constitution the first00:14:50
thing is that it's actually very00:14:51
flexible00:14:53
so it's easily changed or amended to00:14:55
suit new circumstances or occurrences00:14:58
let's say a president dies00:15:00
or maybe a high commissioner dies and00:15:03
you00:15:04
the vice president takes over00:15:07
that's an example of00:15:10
being able to sort of easily change you00:15:13
don't have to pass00:15:14
another rule or a referendum to sort of00:15:17
have new elections00:15:18
it's just direct it's easy to change00:15:21
that's a good part of an unwritten00:15:22
constitution00:15:24
it is a best for unexpected emergencies00:15:27
without breaking its framework like i'm00:15:29
from explaining so it's very easy00:15:31
flexible easily amended00:15:33
it um it's proactive in that you know00:15:38
it's best for these unexpected00:15:40
emergencies like a president dying or00:15:42
maybe someone on a high office dies00:15:45
and also it prevents resolutions by00:15:48
satisfying popular demands00:15:50
so what do what does this word dm00:15:52
resolutions mean00:15:54
so resolutions uh it's a fair decision00:15:57
to do something00:15:58
or to not do something so it it prevents00:16:02
these unnecessary unnecessary resolutions00:16:05
because00:16:06
it meets popular demands when we say00:16:08
popular demand remember we said it's00:16:10
culturally best traditional best00:16:13
so if there are a lot of christians in00:16:14
the country there won't be a lot of00:16:16
arguments they want00:16:17
hence preventing resolutions if there00:16:19
are a lot of muslims in that country00:16:23
it will prevent arguments00:16:26
[Music]00:16:27
preventing these whole resolutions so00:16:30
it's flexible00:16:31
it can accommodate unexpected00:16:34
emergencies without breaking00:16:36
its framework and it prevents00:16:38
unnecessary arguments so you can say it00:16:40
prevents resolutions remember you have00:16:42
to use specific terminology00:16:44
to get marks so it prevents resolutions00:16:48
by satisfying popular demands because00:16:51
it's very00:16:52
cultural driven so what are some of the00:16:55
demerits00:16:56
we said demerits are like thoughts or00:16:59
disadvantages00:17:01
one thing there there's no digital copy00:17:04
it cannot you00:17:05
it's unwritten so you cannot read and00:17:07
understand it00:17:08
therefore it is very difficult to be00:17:10
mastered00:17:11
you cannot defend yourself like for00:17:13
example i say that00:17:15
in certain countries women are not00:17:16
allowed to drive00:17:18
so because it's it's culturally best00:17:20
there's nothing00:17:21
that you can read and understand and say00:17:24
why00:17:25
so it's you can't understand it and it's00:17:28
therefore very00:17:29
difficult to master it's very unstable00:17:32
since it can change at any time you know00:17:35
sometimes00:17:37
because of western influences cultures00:17:40
tends to change00:17:41
and when cultures tend to change00:17:44
a constitution can be subject to uh00:17:48
change so it's very unstable because if00:17:50
it's driven by culture00:17:52
culture is a changing thing sometimes00:17:54
you like this sometimes you like that so00:17:56
it's very unstable in that regard00:17:59
it depends on customs not on00:18:02
written document for verification and00:18:04
confirmation00:18:06
so like i said here you cannot tell00:18:08
whether your rights are being00:18:10
abused or not because it's highly00:18:12
dependent on customs00:18:14
if you're a woman you're not allowed to00:18:15
drive that's the custom00:18:17
end of the store so you cannot sort of00:18:20
pass it through verifications and00:18:23
confirmations so we are done with a00:18:26
written constitution00:18:28
and then written cons and written00:18:30
constitution00:18:31
the other two are flexible constitution00:18:35
and rigid constitution so what00:18:39
is an example of a flexible constitution00:18:42
you know flexible meaning it's it's00:18:44
subject subjects to change easily00:18:47
so a flexible constitution this00:18:50
is a type of constitution which can00:18:53
easily be changed or amended so here they are00:18:56
saying that it's the same way00:18:58
or changed or manipulated in a specific00:19:02
way to meet the needs of the00:19:04
of the people or the current states is00:19:06
there war in their countries they're00:19:08
like some form of00:19:10
boko haram uh kidnapping women should we00:19:14
issue a state of emergency so it's00:19:16
flexible enough to00:19:19
to be amended that way so this is the00:19:21
type of constitution that is sort of00:19:23
flexible00:19:24
easily changed to suit them um00:19:27
to to suit uh where where am i00:19:31
or okay here we are this is the type of00:19:33
constitution which can be easily changed00:19:35
or amended00:19:37
it does not need many requirements for00:19:39
it to change maybe00:19:41
just a simple parliament meeting and the00:19:44
past certain votes and00:19:46
like that is easily changed like here00:19:49
at this point just a simple majority00:19:53
in the parliament can change it00:19:56
so what are the merits of a flexible00:19:58
constitution remember merits desire00:20:00
desirable qualities or advantages00:20:04
one it is easily changed to suit them00:20:07
to suit and meet emergencies there is00:20:10
famine in in a country00:20:12
you know let's have a state of emergency00:20:14
so that we can um00:20:16
have some sort of foreign aid it can00:20:19
easily be00:20:21
changed to suit the needs and00:20:22
emergencies00:20:24
also it allows new convenient ideas to00:20:27
be included00:20:29
in the rules now for example oh maybe00:20:32
now00:20:34
while we are not allowed to drive in00:20:36
islamic countries if islamic countries00:20:38
are the flexible constitution00:20:40
such bad rules uh affecting human rights00:20:44
could be easily changed so it's it's one00:20:46
of the good advantages00:20:47
of a flexible constitution it00:20:50
is more democratic00:20:54
by consistent changing to suit people's00:20:56
demands so00:20:57
you know democracy is about the people00:20:59
so if you have a flexible constitution00:21:02
the people can say we do not like this00:21:04
let's change this so00:21:06
because of a flexible constitution uh it00:21:10
is very very highly democratic so00:21:13
what are some of the demerits of a00:21:16
flexible constitution so again00:21:19
remember the words demerits is00:21:21
synonymous00:21:22
with thought or disadvantage00:21:26
so you know frequent changing makes00:21:28
people lose confidence00:21:30
and trust you know at times00:21:34
people are afraid of change so if you00:21:37
keep changing your constitution you'll00:21:39
be like is there something wrong with00:21:41
our country is there something wrong00:21:43
with our cultures00:21:46
is the western world trying to change00:21:47
our tradition00:21:49
while we now doing certain things that00:21:53
are similar to the americans00:21:55
so because it's very subject to change00:21:58
people can lose confidence and trust00:22:01
in their government it does not00:22:05
fully follow the principle of democracy00:22:08
because even a simple majority changes00:22:11
it00:22:12
in the parliament so sometimes to change00:22:14
a rule you need to consult00:22:16
the entire state everyone has to take00:22:18
part everyone has to read that document00:22:21
and everyone has to have a vote but it's00:22:24
somehow not democratic because00:22:26
parliament can just decide or let's00:22:30
have uh an assembly meeting and let's00:22:32
change00:22:33
a subsection of this uh type of um00:22:36
of this type of law so it's not fully00:22:39
democratic00:22:40
and it's highly unstable it's very00:22:42
unstable because it's subjects to change00:22:45
over time so that ends our discussion of00:22:49
a flexible constitution00:22:51
so let's now look at what a rigid00:22:55
constitution means you know rigid means00:22:57
not easily changed or amended00:23:00
it's very strict well that's what a00:23:03
rigid constitution00:23:04
constitution means it can only00:23:08
be amended or changed a little bit by00:23:11
a constitutional assembly a national00:23:15
constitutional conference00:23:17
and a referendum so you can see how00:23:19
strict it is00:23:21
and we've defined certain themes here00:23:23
constitutional assembly00:23:25
a national constitutional conference00:23:27
under referendum so what00:23:29
are some of these things so let's uh00:23:32
define these things00:23:36
so a constitutional assembly00:23:41
is a body or assembly by00:23:44
popularly elected representatives00:23:48
which is assembled for the purpose of00:23:51
drafting or adopting a constitution00:23:54
or a similar document so we appoint our00:23:57
ministers we appoint our our council00:24:00
our heads district chairmans etc00:24:04
so those people can represent the entire00:24:08
population00:24:09
and meet to decide to change00:24:12
one or two things in the constitution so00:24:14
that's00:24:15
what a constitutional assembly is what00:24:18
about00:24:19
a national uh what about00:24:22
a national constitutional conference00:24:26
national constitutional conference so00:24:28
this is way bigger right00:24:30
is something that's way bigger00:24:34
so we're saying00:24:37
a conference a national constitutional00:24:40
conference00:24:43
is a forum it's a very very huge forum00:24:47
for the examination so this one is very00:24:50
very strict because there is one00:24:52
examination00:24:54
there is debate after debate00:24:58
there is adoption of proposals to outer00:25:01
the constitution as contained in a draft00:25:05
or submitted by that constitution so00:25:07
this can even go up to00:25:09
weeks or months where these elected00:25:12
officials are just00:25:13
examining debating and trying to vote00:25:16
and adopt00:25:18
so that's what a national constitutional00:25:20
assembly means00:25:21
and then a referendum is just a vote00:25:24
so after the entire debate etc00:25:27
they now have to vote so it's a direct00:25:30
and universal vote00:25:32
in which an entire electorate00:25:35
is invited to vote on a particular00:25:38
proposal and can have national wide00:25:40
or local forms and it can result in the00:25:43
adoption of a new policy00:25:46
or specific law so a referendum is just00:25:49
a vote00:25:50
that can change or not change00:25:53
a given rule in a constitution00:25:57
so you've seen how rigid this type of00:25:59
constitution is right00:26:03
all right okay thank you so because it's00:26:06
very00:26:07
rigid it does have one00:26:11
merit it can only change by special00:26:14
procedures00:26:15
hence no one can change it to suit an00:26:19
individual00:26:20
it protects everyone's right because if00:26:23
you just00:26:24
it can either protect or not protect00:26:26
people's rights because it's very00:26:28
bureaucratic it requires a lot00:26:30
of meetings to even change one tiny00:26:33
thing00:26:34
so what it's huge advantage is that it00:26:37
cannot easily00:26:38
be changed00:26:41
but you have to know this fusion00:26:52
so uh what are some of the demerits00:26:54
remember the thoughts00:26:56
or the disadvantages of this rigid00:26:59
constitution so one00:27:01
it is not representative enough in a00:27:04
in a democracy so because of these00:27:08
national assemblies00:27:09
uh these constitutional assemblies and00:27:13
sometimes referendums it it's not00:27:16
it sounds very dictatorship in a way00:27:20
because00:27:21
they are forcing you whether you like00:27:23
this rule or not00:27:24
to change it it might even take five00:27:27
years to just change this so00:27:29
knee fight in five years just to change00:27:32
something00:27:34
you can easily give up as a person who00:27:37
wants specific types of change00:27:39
in your country so it's not it's not so00:27:41
representative of a democracy it is very00:27:44
rigid00:27:45
a good example you know you've seen the00:27:47
united states00:27:49
and there are huge parliament systems i00:27:52
don't know if you managed to see the00:27:53
impeachment of donald trump00:27:55
there were lawyers there were other00:27:57
representatives there were people from00:27:59
the government00:28:01
it took such a long long time so00:28:04
this again is a multiple choice question00:28:08
which of the following has a rigid00:28:11
constitution00:28:12
a usa b britain see00:28:16
china uh these and00:28:20
your your answer has to be the united00:28:22
states of america00:28:23
has an example of a rigid constitution00:28:28
so what is uh the structure and content00:28:31
of the zambian constitution so we have00:28:33
to talk about structure and what it00:28:35
contains and00:28:36
give a brief history of how we got here00:28:40
at the end of the lecture so uh00:28:43
it all started in 1996 when we said00:28:48
each and every time you start a00:28:51
constitution you have to begin with00:28:53
a preamble a preamble is00:28:57
simply an introduction so an00:29:00
introduction to the00:29:01
actual document of the constitution so00:29:03
you give00:29:05
a brief summary of what the constitution00:29:08
contains so it it explains since it's an00:29:11
introduction00:29:12
it has to talk about the aims and00:29:15
purposes of the constitution and the00:29:18
government00:29:19
it also states that we the people of00:29:23
zambia must maintain zambia as a00:29:25
sovereign state sovereign means uh00:29:27
we are not subject to international rule00:29:30
we make our own decisions00:29:32
and that zambia shall remain forever00:29:38
uh unitary multi-party00:29:41
and democratic a sovereign state like i00:29:45
said00:29:46
is uh one which rules itself and not by00:29:50
foreigners so this is what a preamble00:29:52
has to contain just to have an00:29:54
introduction00:29:55
about what the document is talking about00:29:58
the aims and purposes of our00:30:00
constitution00:30:01
and it has to talk about maintaining00:30:03
zambia as a sovereign state00:30:05
a unitary state multi-party and00:30:08
democratic states00:30:10
in the preamble and remember the 199600:30:13
constitution00:30:14
up to to date it has to begin with a00:30:17
preamble00:30:19
so this is uh the structure of our00:30:22
constitution remember you have to write00:30:24
down00:30:25
everything so you have to even draw this00:30:28
diagram when i00:30:29
send you the the video immediately00:30:32
after this lecture so the structure00:30:36
of the zambian constitution or the00:30:39
organs you know it refers to as organs00:30:42
sometimes we say00:30:43
wings of the zambian constitution00:30:48
so structure of the zambian constitution00:30:50
and this side of the table it gives just00:30:53
a brief thing of what each organ is00:30:55
talking about00:30:57
so here we have got um national00:30:59
sovereignty00:31:01
and the state so here it deals with the00:31:04
declaration of zambia as a sovereign00:31:07
state00:31:08
no one rules us no foreigners rule us we00:31:11
rule ourselves00:31:12
our citizenship is another um00:31:15
form of structure source number one00:31:17
zambia is a foreign state00:31:19
but two of the structure of our00:31:21
constitution citizenship00:31:24
deals with the qualification for zambian00:31:26
citizenship00:31:28
and withdrawal of citizenship00:31:31
do you have to be born in zambia to be a00:31:33
citizen00:31:34
do you have to live in zambia for00:31:36
approximately 10 years for you to be a00:31:38
citizen00:31:39
if you commit a crime against the state00:31:42
are you subject to withdrawal of00:31:44
citizenship00:31:45
so this is the second wing of00:31:49
the zambian constitution the third one00:31:52
is a protection00:31:54
of the fundamental rights and freedoms00:31:56
of the individual so this00:31:58
one deals with human rights deals with00:32:00
the rights and freedoms of individuals00:32:02
with which should be protected00:32:06
the executive here we're talking about00:32:09
election00:32:10
uh tenor of office how long00:32:14
should someone be in office and removal00:32:17
of the president from office00:32:19
uh functions of the president and00:32:20
minister so here that's what00:32:23
the executive talks about the00:32:25
legislature00:32:27
i think i mentioned this is the fifth00:32:29
wing the legislature00:32:31
talks about qualifications for elections00:32:34
to national assembly legislative powers00:32:37
and members of the parliament at the00:32:40
judiciary these are the lawyers so deals00:32:43
with the courts and appointments of00:32:44
judges00:32:46
uh defense and national security so00:32:49
function of zambia defense force and the00:32:52
this is the police where you want to be00:32:54
here so the the part of the government that00:32:57
you are going to be will be the defense00:32:59
and national security00:33:00
which function a function of the zambia00:33:03
defense force00:33:04
and the police uh local government00:33:07
systems the local government these are00:33:09
the structures and function00:33:11
of you know the local council and00:33:13
sub-districts00:33:15
are direct uh principles of state policy00:33:18
and duties of a citizen you know00:33:20
these deal with development of national00:33:23
policies00:33:24
application of the constitution and00:33:26
making00:33:28
sort of enactments of the law00:33:32
we all need the national budget so here00:33:34
we have the finance sector00:33:36
where we do taxations and withdrawal of00:33:40
monies00:33:41
uh service commissions you know00:33:44
commissions pension laws and protection you know00:33:47
naps are people00:33:49
human rights commission so its00:33:52
establishment00:33:53
independence functions powers00:33:55
composition and procedures00:33:57
are chief and house of chiefs00:34:00
institution of chiefs house of chiefs00:34:02
functions and composition00:34:04
and miscellaneous means just uh other00:34:08
other things that are clearly not00:34:10
specified00:34:11
under each wing or or each uh organ00:34:14
of the government like legislatures00:34:17
reappointments00:34:19
concurrent appointments are etc00:34:23
so you have to draw this table you have00:34:25
to know00:34:26
this table in your book clearly defined00:34:31
so how did we get here as a a democratic00:34:35
country00:34:36
is what we're going to now talk about so00:34:38
like a brief history of00:34:41
our constitution so as zambia we're00:34:43
known over00:34:44
where sometimes our constitution is sort00:34:47
of not unique because00:34:50
africa has somehow a shared constitution00:34:53
where we00:34:55
collect our ideas together and sort of00:34:58
try to make sense because for a very00:35:00
long time00:35:01
as an african state we were very00:35:03
oppressed00:35:04
by our foreign invaders like the british00:35:07
and the french00:35:09
so our history of our constitution so00:35:12
the constitution of zambia00:35:14
is actually more modeled along the00:35:16
nigerian constitution of 1963 so we00:35:20
needed00:35:21
a template documents that we can sort of00:35:24
try and manipulate00:35:26
to suit our own constitution so we00:35:30
modeled our constitution against the00:35:32
nigerian constitution00:35:34
of 1963.00:35:37
this was actually based on the 195000:35:41
european convection for the protection00:35:43
of human rights and freedom00:35:46
so this when when we talk about the00:35:48
conviction it means00:35:49
people met to make00:35:52
huge decisions that will impact the00:35:54
entire nation00:35:56
so the these nigerians they they met00:35:59
somewhere they are00:36:00
a european convention for the protection00:36:02
of human rights00:36:04
and these were called the neo-nigerian00:36:07
rights00:36:09
and also they were they were00:36:10
incorporated00:36:12
in most commonwealth countries you know00:36:15
these can00:36:16
most commonwealth countries so in 196400:36:20
zambia inherited the northern rhodesia00:36:24
self-government constitution of 196300:36:28
but you know our independence was in00:36:30
1964 so this was somehow suspicious00:36:34
because why did zambia inherit northern00:36:37
rhodesia self-government constitution00:36:40
there were white people in charge so00:36:42
this was justice forgot the interests of00:36:45
the right00:36:46
of the white people who were oppressing00:36:48
us here along 1963 because they had to00:36:51
somehow00:36:52
make their own policies to secure their00:36:55
wealth00:36:56
within our country however we did we did00:36:59
fight00:37:00
and uh since 1964 zambia has had00:37:04
many constitutional review commission so00:37:07
csrs00:37:09
crc's constitutional review commissions00:37:12
to improve the constitution00:37:15
from the 1963 and neo-nigerian00:37:19
constitution so for example00:37:22
uh around 1972 we had the00:37:26
uh so these are some of the reviews that00:37:29
are00:37:30
important uh for for us to know00:37:33
so the the first one is the china review00:37:35
commission00:37:36
so this was in the second republic and00:37:40
its purpose was to00:37:42
recommend a one-party state00:37:45
establishment so this was somehow00:37:51
not good because it was subject to00:37:56
something that was not democratic so it00:37:58
was actually unusual where00:38:00
you've gotten your freedom but you still00:38:04
want power to be in00:38:07
only one possession so here i think this00:38:10
is kahunda if i'm not mistaken00:38:13
it banned all other political parties00:38:15
except you neep yeah this00:38:17
unit was sort of evil so00:38:20
they just wanted one person to rule00:38:23
at this time electoral activities were00:38:27
not very free so it was like you've00:38:30
gained independence00:38:32
but you're still not democratic00:38:34
elections were more00:38:36
um more of a dictator00:38:40
sort of uh sort of fake-ish sort of00:38:44
fake in nature which is a please sit00:38:48
publicity so means the type of voting to00:38:52
say yes or no so people see it maybe we00:38:56
should00:38:57
highlight this00:39:00
publicity so a yes or no vote this could00:39:04
be a multiple choice so00:39:06
these calendar errors where you live00:39:10
it was more of a yes or no vote00:39:13
oh and the other name for publicity is00:39:15
actually a referendum so a vote00:39:18
are you for or against something to00:39:20
change00:39:22
that rule so this wasn't sort of good it00:39:24
was evil00:39:26
and look at the number of years that00:39:27
passed so fast and00:39:29
uh so many years uh passed from 1972 to00:39:33
199100:39:34
to have another uh constitutional review00:39:38
so this is the vunga constitutional00:39:40
review commission00:39:42
and this was the third republic00:39:46
here at least finally in the vunga00:39:49
constitutional review00:39:51
1991 we actually00:39:54
recommended a multi-party democracy00:39:59
finally here unique was kicked out00:40:02
and we finally had some form of00:40:04
multi-party00:40:06
and democracy we highlight00:40:10
this multi-party democracy00:40:15
all right all right so in the00:40:18
moana cartwheel review commission so00:40:21
this is the00:40:22
third review of our zambian constitution00:40:25
uh it recommended the qualification for00:40:28
standing in president's elections00:40:31
to only those00:40:35
who who are both parents uh00:40:38
zambian so if both your parents are not00:40:41
zambian you cannot stand00:40:43
as a president so here00:40:47
this was sort of smart because00:40:50
other foreign this this is sort of also00:40:53
racist00:40:54
somehow and i don't think this has00:40:56
changed because imagine someone has00:40:59
a black mother and a white father and00:41:02
they have presidential ambitions00:41:04
because of this constitutional review00:41:07
they cannot stand as president so you00:41:10
need00:41:11
both parents to be actually born in00:41:13
zambia if they are not born in zambia00:41:15
you cannot run as a president00:41:19
the fourth one was the mongolba review00:41:22
commission00:41:23
in 2005 recommended the use of a single00:41:28
member00:41:29
majoritarian system like a 50 plus one00:41:32
so you need to have at least uh00:41:35
50 votes to sort of stand as a president00:41:39
as a presidential candidate if you don't00:41:41
have these number of00:41:44
majoritarian votes you cannot stand00:41:48
then at least uh the draft constitution00:41:51
has not yet been adopted00:41:53
january 2013 so because zambia sort of00:41:56
has00:41:57
a a a written constitutional system00:42:02
it's not easily amended so00:42:05
here we are still there's still subjects00:42:07
to to change00:42:09
so how do we what what is the process00:42:12
what processes do we use to sort of00:42:15
adopt a constitution00:42:19
yes00:42:22
hello feb hello00:42:30
all right okay let's let's let's move on00:42:34
so the constitutional adoption process00:42:36
so definition00:42:37
what does it mean to adopt a new00:42:39
constitution00:42:41
so this means the process of approving00:42:44
the copy of a draft constitution so00:42:47
before i find a document00:42:49
there's a draft constitution so the00:42:51
process of approving this draft00:42:53
constitution00:42:54
is the constitutional adoption process00:42:57
and there are two methods00:42:59
of adopting the constitution one00:43:02
through the parliament the draft00:43:04
constitution is taken to parliament00:43:07
where the members of the parliament00:43:09
debates00:43:11
on the draft constitution before00:43:13
adopting it so like in00:43:14
a national assembly like was00:43:17
constitutional national assembly00:43:19
and zambia has used this about three00:43:23
times in all three00:43:25
constitutional review commission so i00:43:28
did give an example of how a rigid00:43:30
constitution is subject to change00:43:33
so through the parliaments they have to00:43:35
sit down they have to draft they have to00:43:37
debate00:43:39
and this big one this constitutional00:43:42
assembly which can even take up to00:43:43
months00:43:44
this is a body of representatives00:43:47
elected by their respective00:43:50
interest groups to formulate amend or00:43:53
adopt00:43:54
a constitution of the country00:43:56
representatives are drawn from00:43:58
a lot of different sub sections of our00:44:02
culture00:44:03
the churches the learning institutions00:44:06
the trade unions00:44:07
and student bodies why00:44:11
is this more democratic so this method00:44:14
is more democratic00:44:15
and more favorable to zambian citizens00:44:18
because it actually allows citizens00:44:20
from various groups to be represented00:44:24
as such it is free from government00:44:27
interference or control so a00:44:29
constitutional assembly is different00:44:31
from00:44:32
a small parliament assembly because this00:44:36
constitutional assembly has a bigger00:44:38
population00:44:40
representative form we have got00:44:43
churches learning institutions00:44:47
we've got churches learning institutions00:44:52
trade unions00:44:55
trade unions as well as our student00:44:58
bodies00:44:59
because of all these sub-sections00:45:02
we can have an ideal representation of00:45:06
the entire country00:45:08
before a law is passed or amended00:45:12
therefore a constitutional assembly is a00:45:15
more democratic00:45:17
way of adopting a new constitution00:45:23
so now that we've talked about what a00:45:25
constitution00:45:26
is we have to look at the00:45:29
characteristics of a good constitution00:45:32
so what are some of the characteristics00:45:34
of a good constitution00:45:36
one you have to be fair it has to be00:45:38
very clear i mean00:45:40
so a constitution has to be clear it00:45:42
shouldn't be vague00:45:44
and this means the language used must be00:45:46
very simple00:45:48
and not too technical to be understood00:45:50
by citizens remember00:45:52
uh lawyers are very smart people so when00:45:55
you are making00:45:56
a constitution it has to be easily read00:45:58
by even00:46:00
someone selling tomatoes or a bus00:46:03
conductor00:46:04
in the streets there so it has to be00:46:07
very clear because00:46:08
everyone is a zambian citizen regardless00:46:12
of your occupation whether you have a00:46:14
very high paying job00:46:16
or a low-paying job you're a zambian00:46:18
citizen00:46:19
and you need to understand your00:46:21
constitution so to be fair on00:46:23
everyone's level of education the00:46:25
constitution has to be very clear so00:46:28
these are the characteristics of a good00:46:29
constitution00:46:31
must not be rigid it shouldn't be rigid00:46:34
like it should actually be very00:46:38
easy to change somehow so must not be00:46:41
rigid00:46:42
to prevent change or too flexible to00:46:45
allow unnecessary change00:46:47
so it should be in between00:46:50
it should be in between not so easy to00:46:53
to amend or change00:46:54
but too flexible to sort of adopt00:46:57
certain new changes00:46:59
and leave room for national emergencies00:47:01
like00:47:02
civil wars or fair mine00:47:05
to launch a state of emergency so it00:47:07
shouldn't be too rigid00:47:09
and yet it also shouldn't be too00:47:11
flexible00:47:12
and you know it has to be stable and00:47:14
stand the test of time you don't want to00:47:16
be00:47:17
remember when we talked about the00:47:21
the unwritten constitution that is00:47:23
subject to change because it's highly00:47:25
culture driven00:47:26
it's very unstable so a characteristic00:47:29
of a good constitution is that it00:47:31
shouldn't00:47:32
always be subject to change you know00:47:34
maybe have a review of the constitution00:47:37
maybe after00:47:38
uh each decade after 10 years 15 years00:47:41
or so so it has to be stable00:47:42
and stand the test of time so let's00:47:45
continue with our characteristics of a00:47:47
good constitution00:47:49
it must protect and respond to social00:47:52
economic and political needs of the00:47:55
citizens00:47:56
if you're not if the constitution isn't00:47:58
meeting the needs of the citizens00:48:00
then it's not a good constitution a good00:48:03
constitution has to protect and respond00:48:06
to the social00:48:07
economic and political needs of each00:48:10
citizen00:48:11
and it has to be able to cutter for the00:48:14
interests of00:48:15
various groups in a society00:48:18
males are females the church the health00:48:21
sector00:48:23
various religious sectors all have to be00:48:27
carted00:48:28
by this type of constitution and00:48:31
most of all a good constitution has to00:48:34
be able to protect the rights00:48:37
of its citizens00:48:40
so what why why are we learning this00:48:42
what's the importance of the00:48:44
constitution so one00:48:46
it promotes and protects the rule of00:48:49
law remember government rule the00:48:52
constitutional rule00:48:54
is the highest law in that country00:48:58
so a good constitution the importance of00:49:01
the constitution00:49:02
is that it promotes and protects the00:49:05
rule of law00:49:06
also it safeguards the fundamental00:49:09
rights00:49:10
and freedoms of citizens our rights and00:49:13
freedoms have to be guarded by the00:49:15
constitution00:49:16
and it ensures a democratic governance00:49:21
also it gives equal opportunities00:49:24
for individual development00:49:27
so this um marks the00:49:31
ends of our topic one on the00:49:33
constitution00:49:34
remember each and every topic is very00:49:37
important00:49:38
so right now immediately i'm going to00:49:41
send you this video00:49:43
download it get your civic education00:49:46
tuition book00:49:48
copy down all these notes while00:49:50
listening to the video so you listen to00:49:52
the video00:49:53
you pause you write down what you can00:49:56
see00:49:57
again you listen to the video you pause00:50:00
you write down what you can00:50:01
see i recommend that you get a00:50:03
highlighter so that you can highlight00:50:06
certain important points that i was00:50:07
saying our next topic will be00:50:10
governance systems in zambia00:50:13
uh have you understood something00:50:18
yes you have to study you have to have00:50:22
interest civic education is a very very00:50:26
important00:50:27
uh subject to know as a zambian citizen00:50:32
you will study yes00:50:36
all right please because if you want to00:50:38
be in our00:50:40
our justice wing you have to know civic00:50:43
education as00:50:44
as a police officer or someone who's00:50:47
interested in00:50:48
law enforcement you have to be able to00:50:51
understand00:50:52
civic education because it's central to00:50:55
the protection00:50:56
of all human rights do you get me00:51:01
all right this is the end of our lecture00:51:06
i will um00:51:09
let me just uh send let me send00:51:13
you the notes uh the video right now so00:51:16
that you can00:51:17
write down the notes in your book and00:51:19
have a good00:51:20
review so this00:51:24
is the end by the way in this meeting00:51:28
of our lecture00:51:32
i will see you in the next vid00:51:36
in the next class am i supposed to end00:51:40
this zoom meeting00:51:43
hit it when my desktop is in this00:51:48
version00:52:03
all right i will see you tomorrow for00:52:08
physics our first physics lecture all00:52:10
right byeDescription:
We learn about different types of constitutions and merits and demerits.
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