I also had a meeting with the new constitutional affairs minister, Adv
Eric Matinenga, where I outlined our proposed process and we are
waiting for his response.
The National Constitutional Assembly (NCA) has been stressing in
meetings that an attempt to smuggle the Kariba draft in through the
back door as the constitution of Zimbabwe will be unfortunate, because
the people will reject both that process and the document. In our minds
it is rational that the people be allowed to write their own laws.
Whereas the power-sharing agreement signed on September 15 envisions a
constitution-making process guided by political elites, the people of
Zimbabwe have repeatedly expressed a desire to write a constitution for
themselves. This position was pronounced in the Zimbabwe People's
Charter, which espouses the values of freedom, equality and human
dignity, and advocates for a participatory constitutional reform
process.
The process described in Article 6 of the September 15 agreement is not
people-driven. It is dominated by Parliament and political elites.
The NCA unequivocally rejects Article 6 for its failure to satisfy the
demands of the Zimbabwean people for a people-driven
constitution-making process as demonstrated by the following:
1. Only the three political parties represented in Parliament
appoint representatives to the Select Committee of Parliament, which
spearheads constitution-making efforts. None of the other political
parties in the country are involved.
2. The Select Committee has the power to decide which
representatives of civil society will be involved in writing a new
constitution for the country. The subcommittees which incorporate
civil society representatives will be chaired by Members of Parliament
from the three main political parties.
3. The Select Committee alone convenes and selects delegates to the
so-called All Stakeholders Conference. This All Stakeholders
Conference, which is chaired by a Member of Parliament, is no more
than a consultative meeting. The Select Committee is not bound by the
views expressed by conference participants.
4. It is the Select Committee, composed of only three political
parties, which prepares a Draft Constitution for Zimbabwe. Although
this draft must be presented to a Second All Stakeholders Conference,
the Select Committee is not bound by the views expressed at the
conference. Moreover, delegates to the Second All Stakeholders
Conference are chosen by the Select Committee and the conference is
chaired by a Member of Parliament.
5. Parliament is required to debate the Draft Constitution produced
by the Select Committee and produce a Final Draft to submit to a
referendum. Parliament has the power to change any provision contained
in the draft.
6. The three political parties have already written a constitution
which is referred to as the Kariba Draft in the September 15
agreement. It is this Draft which they want to impose on the people
through the operation of the Select Committee and Parliament.
7. Zimbabwe needs a new Constitution now. The three political
parties agreed to a timetable which preserves the interests they gained
in the September 15 power-sharing agreement. – LOVEMORE MADHUKU,
Chairman