CONTENTS | ANB-BIA HOMEPAGE | WEEKLY NEWS
by Percy Makombe, Zimbabwe, March 1999
THEME = POLITICS
Any country's Constitution should be
a contract between the citizens and their government.
One of the tragedies of Zimbabwe's politics is that the citizens
have never had the opportunity to write their own Constitution
It is against this background that civic organisations and the government have called for a new Constitution in Zimbabwe.
The loudest calls have come from the National Constitutional Assembly (NCA), a grouping of trade unions, non-governmental organisations, Churches and other civic organisations. The NCA's starting point has been that Zimbabwe needs a Constitution- making process which is open and people-driven.
Welshman Ncube, a law professor from the University of Zimbabwe, who is also the NCA's chairperson, believes that if people are to have a Constitution which they truly believe in, then they must be involved in the whole process. Addressing a Workshop on the constitutional reform process organised in February by the Media Institute of Southern Africa, he said: "The Constitution- making process is a rare instance, when people have the opportunity to define how they must be governed. The result must be a true reflection of the people. It must be inclusive and open".
It is now beyond dispute that Zimbabwe needs a new Constitution. The bone of contention concerns the drafting of this Constitution.
Edson Zvobgo is ZANU-PF's secretary for legal affairs as well as Minister without Portfolio. He says: "The President will appoint a Commission. The Commission will go around the country receiving oral and written evidence on the sort of Constitution Zimbabweans want. In their report, the Commission will also attach a draft of a proposed Constitution which will be put to a referendum".
The National Convention for Change (NCC), a grouping of opposition parties, is against ZANU-PF and the government deciding on the composition of the Commission. NCC calls for an "all party constitutional conference which should bring together all political parties, trade unions, human rights groups, chiefs and lawyers' associations". This constitutional conference will among other things decide on:
The NCC further charges that "the matter of national constitutional change itself, requires honesty and seriousness. The transition from the present myopic and dictatorial constitutional set-up to a democratic constitutional set-up, must be overseen by a National Transitional Government of National Unity".
But Zvobgo is dismissive of the NCC's demands. He says: "They want the convening of an all-party conference. But who is going to do this, and why? They're mistaken in believing that only people belonging to political parties have a genuine stake in Zimbabwe's future".
Zvobgo also points out that there is no way the current government can be dissolved. "They want the dissolution of a legitimate government in order to create their so-called government of national unity. They want to sneak into power through the back door. We say, no!"
Professor Ncube is against the National Constitutional Commission being appointed under the Commissions of Inquiry Act. Under this Act, the President can dismiss the entire Commission before it has completed its duties. He can change the composition of the Commission. Even after it has presented its findings, the President is under no obligation to follow the Commission's recommendations. Ncube is of the opinion that "we need a completely separate legal instrument governing the constitutional process. We need to get all stakeholders to sit down and agree on the rules of the game, in advance. A legal framework by which the Commission will operate is needed. It must not be left to the Minister's word that the Commission recommendations will be accepted. This must be spelt out in legislation."
But why is the ZANU-PF government suddenly taking so much interest in the drafting of a new Constitution, having kept quiet on this issue ever since their party conference in Mutare in 1997. Zvobgo says: "Politicians re-arrange their priorities depending on what they hear. Things change and politicians must re-arrange their agenda".
It is not clear whether the government and other interested parties will agree on the way forward in constitutional reform. What is clear and inevitable is that Zimbabwe needs a new Constitution which the people can identify themselves with. The current Constitution is conducive to the supremacy of the Executive and must be done away with. The starting point for the new Constitution should be the reassertion of the supremacy of the people over the government. All people must participate in constitution-making proceedings.
NOTA - Update þ It now appears that the government intends to proceed with its constitutional reform programme despite a boycott by opposition groups. The Opposition wants an independent reform process to draft the new Constitution which would then be put to a referendum and enacted by Parliament without amendment. (ANB-BIA, 6 May 1999)
END
CONTENTS | ANB-BIA HOMEPAGE | WEEKLY NEWS
PeaceLink 1999 - Reproduction authorised, with usual acknowledgement