Although there were heated debates in some of the thematic or chapter discussions, the general atmosphere was peaceful and cordial, and the business of the conference was accomplished to the satisfaction of all people of goodwill. The opening statements by the President and the Prime Minister set the tone. Good old Ago also spoke well – although he should not have been allowed to take Welshman Ncube’s place on the podium. Mutambara is not a Principal in the Government of National Unity – but Welshman Ncube is. Both President Mugabe and PM Tsvangirai should come to terms with this simple reality.
One of the blemishes of the conference was the content of Mugabe’s jocular speech. We all know that Article VI of the Global Political Agreement places the task of writing the new constitution in the hands of Parliament. In compliance with the principle of separation of powers, the Executive should not interfere with the Legislature in regard to this task. It was therefore a misplaced assumption for Mugabe to chide both Mwonzora and Mangwana, two of the three co-chairs of Copac for their handling of the writing of the draft constitution.
The Executive should not be allowed to usurp the powers and functions of the Legislature. A few weeks before the conference, my good friend, Eric Matinenga, the Minister of Parliamentary and Constitutional Affairs, had been pressured by the Principals to instruct Copac to hand over the finalising of the draft constitution to them. Advocate Matinenga flatly refused to do so, arguing that this would be a violation of the principle of separation of powers. This nation needs to caution the Principals that any tampering with the Copac draft constitution by them may result in the rejection of the document at the referendum. History should inform us.
The agreed terms of reference for the conference had been very carefully thought out by the Select Committee of Parliament. It had been agreed that the conference was not a drafting forum but an occasion for the tabling of the Copac draft and receiving of feedback from those who attended. This was very clever since it meant that only recommendations for adjustments could be made at the conference with little, if any, debate on what was suggested.
As it turned out, Zanu (PF) delegates had been coached on what to recommend for change in each and every chapter in order to ensure that that party’s 266 amendments to the draft would be adopted. Both MDC formations insisted that the content of the Copac draft should remain or be retained. The Copac secretariat recorded both these views for ultimate submission to the Select Committee, which would then make the final decision. For any recommendation to be adopted there would have to be consensus among the three political parties in Copac. Failure to reach consensus would mean that the content of the Copac draft would be retained. This was a knock-out strategy.
It remains to be seen whether any significant changes will be made to the existing Copac draft as the Select Committee begins its meetings this week to study the conference reports. The nation is waiting on tenter-hooks, while the Principals are itching to have a go at the revising and re-drafting the Copac document. May real good sense prevail. – makumbe60@gmail.com
Post published in: Opinions