BRIGADIER General Godfrey Miyanda yesterday engaged in an altercation with national convention chairperson Professor Muyunda Mwanalushi when he accused the latter of mishandling proceedings.
This was during debate on the acquisition and protection of property as proposed in the first draft constitution.
Article 44 (1) states that: "A person has the right, either individually or in association with others, to acquire and own property (a) of any description; and (b) in any part of Zambia."
Brig Gen Miyanda, who had earlier debated on the article, stood at a later stage to contribute on other provisions of the same article.
And when he was given an opportunity, Brig Gen Miyanda complained that the chairperson had allowed people to debate three times what he had earlier said.
"You have allowed people to comment on what I said here three times. You are the one who has created a problem," an emotionally charged Brig Gen Miyanda said.
When Prof Mwanalushi ordered him to sit down or he would be asked to leave, Brig Gen Miyanda refused.
"I can't leave!" he said as the other delegates murmured. "This matter will not end here, it's a very serious matter. Can the chair apologise for allowing people to speak twice?"
Later, after much persuasion by fellow delegates and technical committee member Reuben Lifuka, Brig Gen Miyanda sat down.
Earlier, the article caused a heated debate as most delegates argued that there was need to define what property foreigners should be allowed to own and how much.
The delegates were concerned that land had become a scarce resource in the country and needed to be safeguarded.
After a protracted debate on the matter, Mervis Muyunda proposed that the article be amended to show that it be read together with article 298 of the same draft constitution, which elaborates on land tenure, use and alienation; a proposal which was unanimously adopted.
And the convention has reduced the period within which the state can compensate a person who has won litigation against the state, from the proposed one year to six months.
On the access and right to justice, article 47 (3 b) states that: "Where a person has any claim or judgment against the state - the judgment may be enforced by execution against the state, after one year of the delivery of judgment."
Despite opposition from some delegates that the government would be rendered bankrupt, the delegates adopted the clause with that amendment.
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