MDC constitution principles

FOUNDING PRINCIPLES OF THE CONSTITUTION

Authority of the people; human rights; national unity, peace and stability; democratic principles; rule of law; good governance.

CITIZENSHIP

The Constitution of Zimbabwe should allow for dual citizenship at the very minimum.

Citizenship can be attained through residence or marriage.

BILL OF RIGHTS

The MDC believes in a Constitution with a strong and expanded Bill of Rights. These include the Right to life; Freedom from slavery and forced labour; Right to personal security; Right to personal liberty; Freedom from torture and inhuman or degrading treatment; Freedom from discrimination; Freedom of the press and media; Freedom of speech and expression; Right to language and cultural life; Freedom of assembly and association; equality before the law; fairness in civil proceedings; Right to information; Right to just administrative action; Rights of children that abolish all forms of child labour; Rights of women; Right to property; Right to health care, food, water and social security; Right to education; Right to privacy; Political rights; Workers rights; Right to a clean environment.

Provisions in the Bill of Rights can only be amended through a referendum.

WOMEN AND GENDER ISSUES

The Constitution must provide for a Gender Commission whose purpose is to champion political and socio-economic equality between women and men ensuring 50% gender balance and a fair representation of marginalised groups on all constitutional and other governmental bodies.

All laws, customs and cultures that infringe on the rights of women are must be prohibited.

Women have the right to affirmative action for the purposes of redressing the imbalances created by history, tradition or custom.

YOUTH

Anyone between the ages of sixteen (16) and thirty-five (35) must be recognised as a youth.

The Constitution must provide for an independent, non-partisan and apolitical Youth Council of Zimbabwe appointed by

Parliament through interviews.

There should be a quota system for the youth in Constitutional Commissions. Youth service should not be compulsory.

THE DISABLED

The State and society must recognise the right of persons with physical, mental or other disabilities to be treated with respect for their dignity as human beings.

MEDIA

The Media Commission must enhance democracy by promoting and upholding freedom of expression and the unfettered free exchange and availability of information, opinions, and views. The MDC believes in a plural media environment with many media players.

WAR VETERANS

War veterans should not belong to a political party or be used by any political party to further its interests.

The Ministry of Defence should have a department to deal with matters of War Veterans.

LAND AND NATURAL RESOURCES

The Land Reform is not reversible but has not produced a perfect outcome and therefore there must be a rationalization done by a Land Commission through a land audit and a rational form of redistribution.

The State has a right to acquire land for the public good subject to immediate, just and fair compensation and the unfettered right to approach the Courts in the event of a dispute.

All natural resources belong to the State but the right to private property must be guaranteed. Communities living adjacent to natural resources should benefit from the use of the same.

EMPOWERMENT

The MDC believes in broad-based empowerment for the people of Zimbabwe. Empowerment regulations should therefore balance between growing the economy so that more jobs are created, foreign direct investment flows in and capacity is increased.

Resources such as land and minerals as means of production and empowerment tools must be administered and distributed in a transparent manner which empowers all the people of Zimbabwe.

LABOUR

The State must endeavour to secure full employment; just, equitable and satisfactory conditions of work, particularly with

respect to adequate remuneration, equitable opportunity for promotion, safety at work, maternity leave and rest, leisure, limitation of working hours, periodic holidays with pay and remuneration for public holidays.

The Constitution must recognise the rights of employers and employees to engage in collective bargaining and, where necessary, to engage in appropriate collective job action to enforce their rights. The Constitution must recognise international labour standards and international labour laws should be incorporated into domestic laws.

RELIGION

Everyone has the right to freedom of conscience, which includes freedom of thought, opinion, religion or belief; freedom to change their thought, opinion, religion or belief; and freedom to practise and propagate and give expression to their thought, opinion, religion or belief, whether in public or in private and whether alone or together with others.

SYSTEMS OF GOVERNMENT

The Constitution must uphold the fundamental principle of devolution of power to provinces.

The tiers of government in Zimbabwe should be; a. National government,

b. Provincial government headed by an elected

Provincial Governor, and

local authorities- urban councils to represent and manage the affairs of people in urban areas; and rural councils- to represent and manage the affairs of people in rural areas within the districts into which the provinces are divided.

ARMS OF THE STATE

Executive powers of the State should reside in the President, the Prime Minister and the Cabinet.

The President should be elected directly by the people. The President appoints a Prime Minister from the Party commanding a majority in Parliament. The Constitution must allow for ONE Vice President.

No person holding the office of President and Prime Minister should do so for more than two five year terms.

Parliament may impeach and remove the President from office by at least two-thirds of the full membership of both Houses at a joint sitting.

With leave from the High Court or Supreme Court after a person has left office as President or Prime Minister, civil or criminal proceedings may be instituted against that person.

The election of a President must take place not more than ninety days before the expiry of the normal life of a Parliament;

If the President dies, resigns or is removed from office, the Vice President assumes office as Acting President for not more than ninety days before a President is elected.

INDEPENDENT COMMISSIONS

These institutions are independent, and subject only to the Constitution and the law; they must be impartial and must exercise their powers and perform their functions without fear, favour or prejudice.

Constitutional Commissions to be established are; Media Commission; Independent Electoral Commission; Human

Rights Commission; Anti-Corruption Commission; Land Commission; Truth and Justice Commission; Gender

Commission.

PUBLIC FINANCE

Must be managed in a transparent manner and Parliament must have oversight over the same.

The office of the Auditor-General must be an independent office set up in terms of the Constitution.

There must be an independent financial Public Protector to oversee government finances and to receive reports about the

handling of funds.

All receipts into the State and all expenditures must be put in the Consolidated Revenue Fund which is controlled and governed by Parliamentary approval and oversight.

There must be an independent Reserve Bank of Zimbabwe whose sole mandate is the determination of monetary policy and inflation targeting as defined by Treasury.

The Governor to the RBZ must be a technocrat and financial expert appointed by Parliament purely on financial competence, expertise and experience.

ORGANS OF THE STATE

Appointment of persons to these bodies must done by the President with the advice from the Prime Minister with the approval of Parliament and must be based on their experience in administration, professional qualifications, general suitability for appointment and experience. These persons must be apolitical, impartial and non-partisan.

The Defence Forces of Zimbabwe – The primary function of the Defence Forces is to defend and protect Zimbabwe, its people, its Constitution, its national security and interests and its territorial integrity. The Defence Forces cannot be used to further political party interests.

The Public Service is responsible for the administration of the country. The Secretary to the President, Prime Minister and Cabinet and Permanent Secretaries must be appointed by the President with the advice of the Prime Minister and the Public Service Commission and with the approval of Parliament.

The Prison Service is responsible for – the administration of prisons in Zimbabwe and the protection of society from criminals through the incarceration and rehabilitation of offenders and their re-integration into society.

The Police Service is responsible for – detecting, preventing and investigating crime; preserving internal security; maintaining public order; protecting and securing the inhabitants of Zimbabwe and their property; and upholding and enforcing the Constitution and the law without fear or favour. The Police Force cannot be used to further political party interests.

The Judicial Service- the MDC believes that there should be an independent Judicial Service Commission responsible for the appointment of Judges following public interviews by Parliament.