New constitution is key 921-12-06)

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I never partook in the struggle for independence in Zimbabwe – not because I didn’t want to, but because I was born three years after Zimbabwe became independent. But I know what people fought for in that struggle.

The struggle for independence from colonial rule in Zimbabwe (and Africa at large) was a struggle to realise freedom, equality, individual liberties and democracy.

Zimbabwe urgently requires a new, democratic, people-centred and people-driven constitution.

That phrase is a clear indication that Zimbabwe already has a constitution but that this constitution is old, undemocratic, not people-centred and not people-driven.

Dissatisfaction with the provisions of the Lancaster House Constitution, particularly Constitutional Amendment Number 7 of 1987, has led to the struggle for a new democratic dispensation.

Constitutional Amendment Number 7 created the position of Executive President and the most serious problem in our constitution is an all-powerful president with all sorts of powers. Our president wields almost total power in the land. Why? Because our bad constitution gives it to him.

Some fundamental rights and freedoms are conspicuous by their absence in the current constitution – for instance, the freedom of the press, the right to education, the right to food, the right to shelter, to mention just a few.

The government has a panoply of coercive tools such as the military, police, CIO, war veterans and youth militia. The draconian pieces of legislation POSA and AIPPA have also prevented a smooth transition from authoritarianism to democracy since these curtail, among others, the rights to freedom of association, assembly, movement, media freedom and freedom of expression.

A new constitution is the key. According to the late Professor Masipula Sithole, “the constitution is the basic or fundamental framework upon which all else, including the economy ensues”. Without a sound constitutional framework all else comes to nought. A sound constitution is requisite in that it regulates the conduct of politics, which in turn regulates or influences the economy.

Our diabetic economy largely stems from bad governance. Good governance, democracy and development all emanate from a new, democratic, people-centred and people-driven constitution.

Bringing about a new, democratic, people-centred and people-driven constitution requires civil disobedience. According to Mahatma Gandhi, civil disobedience is “the assertion of a right which law should give but which it denies”. Unjust laws are bound to be broken.

The African (Banjul) Charter on Human and Peoples’ Rights Article 20 (2) states that colonised or oppressed peoples shall have the right to free themselves from the bonds of domination by resorting to any means recognised by the international community.

Which path do we have to follow as Zimbabweans? The ball is in our hands. We are the authors of our own destiny. The struggle continues unabated!