They hope to have some influence on the draft constitution that will be voted on by Zimbabweans in a referendum next year. Most importantly, the lawyers draft proposes to strengthen parliament and to diminish the dictatorial presidential powers that have been enjoyed by Robert Mugabe since independence in 1980. The lawyers also propose a stronger declaration of rights that would protect the citizens from the state encroaching on these rights.
Minister Matinenga confirmed that the lawyers had submitted a draft constitution but said he had not yet reviewed it. Regarding the next phase in the drafting of a new constitution, Matinega said: We are now going to be reviving the thematic committees which were set up way back in July last year. These teams will now collate and analyze all the information from the outreach and it will become the basis of the instructions to the drafting team, which will then write a draft constitution.
The draft submitted by the lawyers was compiled from three existing draft constitutions, including the one that was rejected by Zimbabweans in a referendum 10 years ago and had been written by a pro-Mugabe government. The other was drafted by civil society groups under the auspices of the National Constitutional Assembly. The third was the Kariba draft, co-written by ZANU PF and the two MDC formations.
The lawyers draft also calls for the creation of a non-executive president elected by Parliament, who would act as head of state. The Prime Minister would be the head of government and be elected by popular vote. Each province would have its own elected governor and legislature and its own public service and police service. Regarding the controversial role of the security services, the lawyers propose that the defense forces, police, prison service and intelligence services be brought under civilian control, with parliament exercising more leverage over their functions.
Meanwhile COPAC co-chairperson, Douglas Mwonzora dismissed the hate speech from ZANU PF activists that had been reported at outreach meetings as unacceptable. He was responding to repeated contributions they made during the meetings, calling for journalists and cartoonists who dont portray Robert Mugabe in a positive light, to be hanged. Mwonzora said that these hateful contributions would not be included in the draft constitution because they incite violence.
But ZANU PFs Minister of Information, Webster Shamu, defended the hate speech, saying: People were allowed to say whatever they wanted in the new constitution and why would you want me to comment on issues they suggested?
Our Harare correspondent Simon Muchemwa attended outreach meetings in urban areas such as Mbare and Budiriro and remote rural parts of Murehwa and Masvingo. He said most of the hate speech was heard in the rural areas as opposed to urban areas.
Muchemwa noted that ZANU PF activists sometimes demanded that the meetings be conducted in local languages in order to exclude white Zimbabweans. He said: It was clear that ZANU PF had an agenda. They wanted anyone who called for sanctions to be imposed on Zimbabwe to be hanged. Muchemwa explained that ZANU PF youth had been told to focus on specific issues. This included the land issue, dual citizenships and support for the MDC. Anyone who contributed different policies was a target.
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