For the MDC, which had been at the receiving end of the state sponsored violence, the entering into the inclusive government was for it to achieve three strategic objectives. First, MDC wanted to halt the debilitating economic meltdown with its deleterious effect on the lives of ordinary zimbabweans. Second, the MDC hoped to reduce all forms of state sponsored violence that was being unleashed by the ZANU PF government the people. Third, the MDC wanted to ensure the crafting of a new democratic and people driven constitution.
That the Zimbabwean economy is better than it was in 2008 is there for all to see. Therefore the positive impact of the MDC on the Zimbabwean economy and therefore on the lives of the Zimbabwean people can not be seriously denied. However the Zimbabwean economy remains bad with unemployment sitting at 80%. The reason for this is that within the inclusive government ZANU PF have pursued policies that scare away investment. In short the policy inconsistencies within the inclusive government remains an albatross on the Zimbabwean economy.
State sponsored violence remains a worrisome feature of Zimbabwean politics. MDC is on record for fighting against all forms of state sponsored violence during it's time in the inclusive government. Whereas in 2008 ZANU PF blatantly engaged in political violence it has now been forced to be more discreet under the watchful eye of the MDC.
At long last, Zimbabwe is now poised to have a new constitution. During the hard three and half years of constitution making, the MDC has had to battle with ZANU PF's p insincerity and and intransigence. As early as the First Stakeholders conference, ZANU PF embarked on an orgy of violence calculated to force the Zimbabwean people to parrot its party position. It is sad that during the outreach program Zimbabwe lost Crispen Mandizvidza at the hands of ZANU PF's Chipangano. To date nobody has been brought to book.We are happy however that we now have a draft constitution that was successfully tabled before the Second All Stakeholders Conference held in Harare on the 21st to the 23rd of October 2012.
The most important thing is that the draft constitution was accepted by the All Stakeholders Conference. Copac is now working on the report of the Conference in preparation for submission of both the draft constitution and the accompanying report to the Parliament of Zimbabwe. Copac will effect the necessary changes in respect of those recommendations in respect of which there was the consensus of the delegates.
The correct sequence of events is that the next elections will only be held after the completion of the current constitution making process. Zimbabweans want an electoral environment that guarantees the secrecy of the vote, the security of the vote and the security of the voter. If the current constitution draft is followed to the letter then free and fair elections are possible in Zimbabwe. It must be emphasized that the presence of a good constitution does not by itself automatically guarantee a good constitutional order or for that matter democracy.
To that end we urge the international community to remove the specter of state sponsored violence that is slowly but surely manifesting itself in Zimbabwe. Recently some MDC supporters were murdered by ZANU PF elements who currently are roaming the country free. Further political meetings organized by the MDC have been disturbed by some members of the security forces while campaign material belonging to the MDC has been confiscated by these ZANU PF linked elements.
The MDC as a party has endorsed the current constitution draft. President Tsvangirai has already launched a Yes vote campaign under the theme " My voice is In. My Vote is Yes". Contrary to some accusations peddled in the hostile media President Tsvangirai is not part of Mugabe's plan to hijack the constitution making process. During the opening of the Second All Stakeholders conference, he made it clear that the constitution making process was a parliamentary process in which the executive could only play a facilitative role. The active involvement of the executive will come after Copac has submitted it's report to the Parliament of Zimbabwe when the executive starts preparing for the referendum. As President Tsvangirai has reiterated in the past this constitution should and will be decided by the people of Zimbabwe.
There are far reaching provisions contained in this constitution draft. Given the space here we can highlight only a few. First, this constitution puts every person irrespective of his or his status or political might under the constitution. Second, it guarantees automatic dual citizenship in respect of Zimbabwean citizens by birth. Third, this constitution contains arguably the most comprehensive bill of rights on the African continent. This bill of rights provides for political rights including the right to vote for all Zimbabweans irrespective of their physical location in the world.
In relation to elections, the draft provides for free and fair elections and clearly proscribes violence during elections. Members of security forces are prohibited from campaigning for or against political parties during elections. They are specifically enjoined to observe human rights and the rule of law. To curb a situation where the election date is used as a political weapon, the constitution provides that general elections must take place in the last month of a presidential term.
The constitution provides that the executive authority of Zimbabwe shall be vested in the president and the cabinet. It also provides that the president shall exercise the power to declare war but subject to the approval of parliament. His power of mercy shall be exercised together with his or her cabinet.
A lot of independent commissions are established in the constitution. These include, the Human Rights Commission, the Zimbabwe Electoral Commission, Peace and Reconciliation Commission, the Gender Commission, the Anti- Corruption Commission and the Land Commission. They are clothed with sufficient independence to run perform their functions.
It is good that the constitution provides for the establishment of the Constitutional Court while placing the power of prosecution in the hands of the National Prosecuting Authority rather than the partisan Attorney General.
As an answer to e chronic problem of uneven development, the draft constitution provides for devolution of power to the provinces as well as the structure of the provincial governance.
Gender equality is given concrete meaning in the constitution. In the Senate a zebra system has been established to ensure that women constitute, the majority in the Senate while a certain number of seats have been reserved for women in the House of Assembly.
Conclusion
Zimbabwe is in a difficult transition and every person must play a part to make ensure a smooth transition to democracy. Now that we have our draft constitution , every effort must be made to save this constitution from mutilation by the authorities. As President Tsvangirai has said it is and and it should be the people of Zimbabwe who must have a final say in the type of constitution that they want.
(Speech delivered to Zimbabweans in the diaspora, University of KwaZulu-Natal, RSA)
Post published in: News
MDC’s claim to being the one who saved the nation from “debilitating economic meltdown†as MP Mwonzora puts it is wearing thin. The Zimbabwe economy was down in the gutter in 2008 and the two more significant things that help breathe some life back in the economy were the dollarization (Zanu PF’s Minister Chinamasa did that in November 2008) and the lifting of all price controls (MDC’s Minister Biti did that soon after his appointment in 2009). What the country really needed for meaningful economic recovery was an end to all the mismanagement, corruption, looting and lawlessness which had landed the nation into this mess in the first place. In the last four years MDC has done nothing in any of these areas and hence the reason why the economy has not recovered and unemployment has remained stubbornly high, 80%.
“The reason for this is that within the inclusive government ZANU PF have pursued policies that scare away investment,†is MP Mwonzor’s feeble explanation. “In short the policy inconsistencies within the inclusive government remains an albatross on the Zimbabwean economy.â€
MDC was warned that the political marriage with Mugabe would not work but would not listen. Surely MDC must have realized for themselves at some point in the last four years the GNU was NOT working; why then did they not end the marriage and relieve the nation of this “albatross� They did not do that because it was the promise of the high flier lifestyle enjoyed by the country’s ruling elite that had enticed them into joining Mugabe and turn a blind eye to the fresh blood of innocent Zimbabweans the tyrant had just murdered. Political violence that have continued throughout the last four years!
“Whereas in 2008 ZANU PF blatantly engaged in political violence it has now been forced to be more discreet under the watchful eye of the MDC,†said MP Mwonzora. So as long as Zanu PF thugs are discreet they can continue to intimidate, beat, rape and even murder our people?
MP Mwonzora once again assured the world the copac draft constitution would deliver free and fair elections. “If the current constitution draft is followed to the letter then free and fair elections are possible in Zimbabwe,†he said. But, as has become the norm whenever an MDC leaders speak on this copac draft, quickly qualified his statement. “It must be emphasized that the presence of a good constitution does not by itself automatically guarantee a good constitutional order or for that matter democracy. To that end we urge the international community to remove the spectre of state sponsored violence that is slowly but surely manifesting itself in Zimbabwe.â€
Nonsense what other nation in the world with a sound democracy founded on a strong constitution has to appeal to the “international community†to safe guard the basic rights of its citizens from abuse by its own Police? None! We are doing this because there is no clause in the copac draft constitution restraining the Police, Army, etc. from abusing their power and authority as happened in 2008.
The copac draft constitution is not going to end Zimbabwe’s culture of violence, deliver free elections or safe guard any of the basic rights the people have been dying for all these years because it is a weak constitution. The GPA granted Mugabe tyrannical powers and he used these powers to ensure the copac draft is weak and devoid of democratic credentials.
MP Mwonzora, Minister Biti, PM Tsvangirai and the rest of the MDC leadership have betrayed the people of Zimbabwe on countless occasions ever since MDC joined hands with Mugabe but no one would have guessed that party would sink to the nauseating depth of depravity and sell this copac rubbish as a democratic constitution! A few years on the gravy train and Mwonzora, Biti, Tsvangirai, etc. have been completed transformed into total strangers!