The 2013 Constitution was lauded as being progressive and set a high standard for the provision of civil, political and socio-economic rights for all citizens.
Of note is the Declaration of Rights which contains freedoms for all Zimbabweans and the enunciation of constitutional principles such as the separation of powers.
The constitution calls on all duty bearers to respect, protect and fulfill the rights guaranteed by it and makes the judiciary responsible for enforcing them.
The “progressive” constitution adopted in 2013 was supposed to mark a great transition from the Lancaster House constitution but it is regrettable that despite the remarkable gains that were supposed to be realized from the supreme law, authoritarianism, repression and the ideology of a one-party State continue to characterize the political landscape in Zimbabwe.
The democratic and civic space in Zimbabwe continues to shrink and there has been little or no political will on the part of the government and the ruling party to implement the constitution in a way that promotes democracy, human rights and the rule of law.
Since 2013, very few laws have been fully aligned to the Constitution and instead, we continue to witness numerous amendments to the Constitution which do not conform to the principles of democracy and good governance.
Lately, calls by the ruling party to push for amendments that will remove the two-term presidential limits and allow President Emmerson Mnangagwa to run for a third term are illegal and unfortunate and derail the gains made since the adoption of the constitution. These amendments, which also seek to introduce draconian legislation and further close the democratic and civic space are stripping Zimbabweans of their fundamental rights and derailing the progress made since the constitution was first established.
The Crisis in Zimbabwe Coalition reiterates that a constitution should be a sacred, living and binding document regardless of who is in power.
Tampering of the constitution by political elites to serve personal interests erodes democratic values and signals a betrayal of the constitution which was overwhelmingly voted for by the citizens of Zimbabwe.
The constitution of Zimbabwe should not in any way be abused for personal interests as it is meant to protect democratic values and guarantee accountable governance.
Going Forward
Lessons drawn from these processes and similar constitutional processes in Africa show that there can be no progress in implementation without both citizen demand and engagement with policymakers.
The Crisis in Zimbabwe Coalition in collaboration with pro-democratic forces continues to mobilize a critical mass of citizens to defend the constitution by resisting illegal amendments, the push for a third term as well as reported attempts to postpone the 2028 elections and extend President Mnangagwa’s stay in office.
The Crisis in Zimbabwe Coalition believes that the 11th anniversary of the Zimbabwean constitution is a time for reflection and introspection on the progress made thus far, as well as the setbacks encountered since the adoption of the new constitution.
Grassroots mobilisation is critical to build awareness of the constitution and it is through an informed citizenry that the people of Zimbabwe can hold duty bearers to account in terms of implementation of the constitution and respect for fundamental rights.
The Coalition envisages a grassroots based platform/movement that brings together a diverse range of stakeholders, including civil society organizations, war veterans, residents associations, youth groups, women’s groups, workers’ associations, the Church, representatives from the informal sector and other progressive forces.
The overarching goal is to promote constitutionalism in Zimbabwe, with a particular focus on upholding the rights of citizens as enshrined in the nation’s constitution.
Facilitating citizen engagement with duty bearers at all levels of government as well as promoting social inclusion and equity is equally important.
Dialogue and advocacy efforts are key in holding duty bearers accountable to the citizenry, particularly with respect to protecting and promoting constitutional rights.
The Coalition is convinced that there is an imperative need for a critical force for promoting democratic values, protecting human rights, and advancing social justice in Zimbabwe.