Tragically most of those celebrating the event had been bussed in from faraway places and did not understand what was happening. Even after the signing of the deal, many ordinary Zimbabweans did not know what was happening and what it meant for them.
For some it meant that the country would be stuck with President Robert Mugabe and the deal would set a very bad precedent, whereby losers of elections can resort to violence and force their way back into power.
This is why the National Constitutional Assembly (NCA) is vehemently opposed to the September 15 deal. It does not bode well for democracy and is a betrayal of the long struggle for a better and dignified life.
For a truly democratic society to function, a democratic constitution guaranteeing every citizen full and equal rights is fundamental. This should be the starting point for the building of such an ideal society. But the September 15 deal does not address this truism.
Article 6 states that it is important to acknowledge the fundamental right and duty of the Zimbabwean people to make a constitution by themselves and for themselves and be aware that the process of making this constitution must be owned and driven by people and must be inclusive and democratic and recognise that the current Constitution of Zimbabwe made at the Lancaster House Conference, London (1979) was primarily to transfer power from the colonial authority to the people of Zimbabwe.
In the above clause there is the deliberate use of the phrase, "people driven" – but the agreement does not provide any clue whatsoever of how it hopes to achieve this people driven process. It also states that it the right and duty of Zimbabweans to author their constitution. But at the same time clearly states that this process will be driven by cherry-picked politicians, who will also have the power to determine its finality.
In the same Article 6, the MDC and Zanu (PF) make reference to a draft Constitution which they have already authored and adopted in Kariba on September 30, 2007. It is this draft which the two political parties are conspiring to foist on the people of Zimbabwe as the new constitution, yet it almost the same document that was rejected by Zimbabweans in 1999.
The NCA therefore calls upon the people to treat the incoming political arrangement as a transitional authority leading to new democratic elections under a new people driven and democratic constitution leading to the formation of a new government.
The MDC seems to have changed their minds and are now singing the self defeating tune focusing on the agreement they reached with Zanu (PF). They feel that the compromise deal should be given space. We believe this is a big blow to the struggle for a just society. The struggle has been about the people and why should the people be abandoned at this stage?
The NCA is opposed to the elite constitution-making process that the two political parties are proposing and suggests that an All Stakeholders constitution making process be convened to chart the way to a new constitution.
The NCA proposes that an All Stakeholders Conference be called and it should be jointly convened by the Zanu (PF)/MDC transitional government and civil society. This conference should be fully funded by the government and attended by enough people to represent all Zimbabweans.
The task of the conference will be to constitute an All Stakeholders Commission, decide upon terms of operation and time limits, elect a chairperson and vice chairpersons who can be individuals of high societal standing.
This commission, which shall be fully representative, should oversee the Comprehensive Public Participation, Compilation and Dissemination of Draft Constitution, Production of Final Draft Constitution and Referendum.
This should lead to the Adoption of the new, democratic Constitution of Zimbabwe.
Finally, elections should be held under the new Constitution and a new government should proceed to govern under the dictates of a new constitution.
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