The battle for a democratic constitution

The process has been in progress since early last 2009, and outreach consultative meetings are currently underway throughout Zimbabwe, and these meetings are aimed at providing Zimbabweans with the opportunity of telling Copac teams what the people would like to see included in the proposed national foundation law. We make the following observations on this critical but essential process.

The numerous squabbles among the three major political parties in the GNU have resulted in the constitutional reform process falling some seven months behind schedule. There is, however, hope that the process will still be completed just before the expiry of the time frame set for the duration of the GNU.

The process has been hampered by lack of adequate resources, while the MPs involved have been demanding to be paid astronomical allowances for their services. There have been numerous logistical problems, including inadequate provision of recording equipment and batteries. These problems have had the effect of slowing down the constitutional reform process. It is hoped that the ultimate product will not be adversely affected qualitatively.

Political parties have taken significantly diverse positions with regard to the content of the proposed constitution, with Zanu (PF) advocating for the adoption of the Kariba draft, crafted by representatives of the three political parties in the GNU, and viewed as uncomfortably similar to the current constitution.

Bully tactics have been employed by Zanu (PF) supporters in some places, where MDC supporters are targeted for violence and intimidation at the outreach meetings. This has forced some people to boycott the meetings or to attend but refrain from speaking for fear of their lives. Police, army and even Copac officials have not been effective in protecting the generality of the public from these threats and acts of violence against people wishing to express their views on the content of the proposed constitution.

Investigations have proved that, in some areas, Zanu (PF) is engaged in the bussing of its supporters from place to place to disrupt the smooth flow of the constitution making process.

Further, there have been incidents of war veterans constantly interjecting when citizens expressing views that are considered contrary to theirs attempt to speak at the outreach meetings. In some areas, soldiers, clad in full army uniform and armed with AK47 rifles, have themselves participated in expressing their views, largely Zanu (PF) views, in order to intimidate the ordinary citizens from expressing contrary views. They have also warned villagers not to participate in airing their views to the Copac teams.

Central Intelligence Organisation (CIO) agents have been reported to speak on behalf of the people and expressed Zanu (PF) views as contained in the Kariba draft. They have also cautioned the people not to speak at these meetings. Those who speak are later followed home and beaten up.

Zimbabwe clearly runs the risk of writing a half-baked and undemocratic constitution that the people will reject at the referendum. This will force the nation to retain the current Lancaster House Constitution that has been amended some 19 times. This will suit Mugabe and Zanu (PF) who are fully aware that a democratic constitution could result in their loss of political power. Nevertheless, the struggle for a democratic constitution must continue. God bless Zimbabwe.