CONTENTS | ANB-BIA HOMEPAGE | WEEKLY NEWS
by John Gambanga, Mutare, Zimbabwe, March 1998
THEME = POLITICS
Zimbabwe's 150-member-parliament is reviewing the Constitution,
drawn up after the Lancaster House Agreement,
and subsequent amendments to the Constitution
In 1979, negotiations took place in Lancaster House, London, under the chairmanship of Lord Carrington. There were three parties to this Agreement: Britain, as mediator; the Rhodesians led by Ian Smith and Methodist Bishop, Abel Muzorewa; the black nationalists who had waged a 16 year guerrilla war, led by Robert Mugabe and Joshua Nkoma. After three months of negotiations, an Agreement was signed paving the way for the same Constitution that is now being torn apart in Harare.
Towards the end of February 1998, the Member of Parliament (MP) for Masvingo Central, Dzikamayi Mavhaire, moved a motion calling for a review of the 1979 Lancaster House Agreement, the Constitution and subsequent amendments.
This time, the British who brokered the first Agreement, were not present. The call for the review comes after a total of 14 amendments, some of them minor, have been made to the present Constitution.
Local newspapers welcome the proposed review, but some point out it comes a bit late in the country's "road to democracy" programme. They argue that it should not have taken 18 years for the country's legislators to realise the Constitution has flaws which must be amended.
Several MPs last month pointed out that the Constitution is flawed, in that it did not state how long the President can stay in office. Mugabe has been President since 1987, following a major constitutional amendment that saw the executive power transferred to the President of the Republic. (Rev. Canaan Banana was president from 1980-1987)
The amendment also saw the post of Prime Minister abolished, so now there was no longer a titular head of state and a head of government. Mugabe has completed two full terms as President and is now on his third term which ends in the year 2002. When he steps down, he will have been in charge of the country for a record 22 years, which many feel is too long for one person.
The succession þ The Constitution does not provide for a smooth succession, and this is one area that the MPs say must be looked into. Outspoken MP for Mutaro South, Lazarus Nzarayebani, a former freedom fighter, told the House: "No matter how young, no matter how good a President may be, the term of office must be limited by the Constitution". These sentiments were echoed by several other MPs during the initial debate on the motion last month.
The other key issue to be amended is the question of the Second Chamber. The Lancaster House Agreement provided for two Houses: The Upper House (Senate) which had 20 members and the Lower House which had 100 members, among them 20 representing the minority whites. That guarantee was removed in 1990 to allow a unicameral house with 150 seats, without any special clauses for minority groups like the whites.
The argument today is that the Second Chamber is important in that it will comprise chiefs, (traditional leaders), whose power has been grossly diminished by the constitutional amendments.
Parliamentary seats þ The MPs have also called for a reduction of the powers of the President, as they view the present situation as a recipe for dictatorship. Look what happens when it comes to allocating parliamentary seats in the 150-member parliament. 120 Members are elected; thirty are presidential appointees. The MPs also insist that the Constitution must bring about more transparency in the appointment of people to key positions such as Secretaries of State, diplomats and managers of parastatals.
Some of the MPs said if the Constitution itself cannot be amended, then at least the 14 amendments should be reviewed so that they can be repealed, taking into account the wishes of the majority.
Other changes have been made to the Constitution, some of which are for the good of the country. The Age of Majority Act allows women to own property and to be treated as equals with their male counterparts. This came about in 1982 and brought a great deal of joy to the fairer sex.
In 1992, came a major change to the Constitution - The Land Amendment Act. This piece of legislation resulted in the government identifying more than 1400 commercial farms owned mainly by whites, which are now "designated" for resettling landless peasants.
END
CONTENTS | ANB-BIA HOMEPAGE | WEEKLY NEWS
PeaceLink 1998 - Reproduction authorised, with usual acknowledgement