New constitution – the heart of the matter

Both sides in the Zimbabwean confrontation want to change the constitution - but in radically different ways.
Constitutional matters look set to feature large in the mediation effort led by South Africa president Thabo Mbeki to seek a solution to Zimbabwe's continuing political crisis. While the

opposition wants Mbeki to facilitate progress towards a more democratic constitution, the ruling Zanu (PF) may pre-empt this by getting its own constitutional changes in first.
According to political analyst Edmund Gwazai, “A new and well-drafted constitution will definitely solve the whole conflict facing the country. It will provide a platform for fair and free elections, and there will be an independent judiciary to arbitrate on issues of conflict arising from elections.”
The MDC has threatened to boycott the 2008 elections if the mediation process fails to result in an agreed set of constitutional amendments.
Mugabe’s critics say he has used amendments passed over the years to steadily strengthen his position and marginalise opponents, notably in 1987 when the rules were changed allowing him to become president instead of merely prime minister.
His ruling party appears to be avoiding discussion of the issue in the mediation talks. But it is likely to rush though further amendments slanted towards strengthening the president’s position. That could derail any effort by Mbeki to forge a constitutional solution acceptable to both sides.
“Mbeki is going to face a problem where Mugabe rejects a new constitutional initiative and drafts his own,” said Gwazai. “The opposition would demand an outright new constitution. The issue of the constitution is going to take up much of the time.”
This is not the first time Mbeki has been involved in attempts to put together a constitution that both sides could sign up to.
With Mbeki as intermediary, Zanu (PF) and the MDC draft a secret document in 2004. Mbeki told the South African Broadcasting Corporation last year that the process was complete before the 2005 parliamentary election, and that he had copies of the document initialled on every page by representatives of both parties.
Mbeki has said subsequently that the election put the process “on the back-burner” and it was not revived.
Other accounts suggested that Mugabe got cold feet on the constitution, not so much because of concerns about the opposition as over a meeting attended by some of his officials which he saw as a coup plot, requiring him to pull in his horns.
In Zimbabwe, many people are putting great store in the South African president’s ability to find a political solution and thus open the way to economic recovery.
Esinath Majoni, who is a nurse by profession but makes a living from cross-border trading, captured this sentiment when she said, “We hope that the talks will end our suffering in the country. It’s now difficult to survive in the country, and everyone is putting her last million dollars on Mbeki’s efforts to rescue us.” – IWPR

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