Constitutional stakeholders meetings begin in Zimbabwe
By Violet Gonda
25 June 2009

The process for a new Zimbabwean constitution kick started on Wednesday when the Parliamentary Select Committee began constitutional hearings across the country. Political commentator Professor John Makumbe said the meetings that took place began with the registration of various interested groups in the five provinces. The stakeholders were told go back to their provinces and nominate representatives to attend an All Stakeholders conference in July, which will elect thematic committees. These are committees that will be ‘below’ the Parliamentary Select Committee.

Makumbe said the thematic committees are expected to comprise 70% members from civil society and 30% members of parliament and other politicians. He said hopefully this should ensure that what is said at the provincial level will find its way to the draft constitution. The committees will comprise groups that will deal with powers of the Executive, powers of the parliament, powers of local government, human rights & gender issues, among other areas. The process is supposed to lead to a new Zimbabwean constitution by the middle of next year.

But it appears it is going to be a bumpy road as the political parties in the unity government and other stakeholders have sharp differences on the process to be taken. Central to the divisions is the controversial Kariba Draft, which was crafted in September 2007 by legal representatives of the three political parties in the coalition, without public consultation. It is this draft that was incorporated into the power-sharing agreement.

The National Constitutional Assembly (NCA) maintains its well known position that it will reject the government-led process. The NCA argues that the Kariba Draft is inadequate in terms of both process and content, saying if the Draft were to be used as the basis for constitution-making, Zimbabweans would be denied their right to write a constitution for themselves.

The pressure group says the content of the Draft fails to protect fundamental rights and freedoms and promotes the continued dominance of government by the Executive, meaning that Robert Mugabe retains absolute control and power. They say the Draft should be rejected, and they are campaigning for a people-driven process as the only basis for constitutional reform.

Ironically, while having participated in the creation of the Kariba Draft, the MDC-T said it is now seriously concerned with attempts by Zanu PF to mislead the nation by trying to foist the Kariba Draft on the people.
The party’s National Executive resolved on Tuesday to “reject any attempts to have the “Kariba draft”, one of many drafts available, adopted as the Alpha and Omega of the Constitution-making process. The MDC believes in a truly people-driven Constitution-making process where the unfettered will of the people must be reflected.”

But speaking at a ZANU PF Central Committee meeting on Wednesday, Robert Mugabe said the coalition government should come up with a new constitution in accordance with the Kariba Draft and challenged his party to educate people on the contents of the draft document.

He was quoted in the Herald newspaper saying: "We should accordingly educate ourselves about the contents of the Kariba Draft Constitution and explain it to our people as well as asking them their own views on it. We should properly educate our people so as to enable them to make informed decisions."
Professor Makumbe said clearly ZANU PF is afraid of a fresh start and that the Kariba Draft would be the preferred document for the party, because it leaves the President with immunity from prosecution and it also leaves the powers of the Executive President intact. The commentator said any other document will likely erode Mugabe’s powers and that is why ZANU PF wants to use this Draft as a reference point.
He said the MDC was compromised by originally agreeing to this Draft saying “although it is better than the current constitution, it doesn’t go far enough.”

“It is also drawn up by four individuals (drinking) coca cola in Kariba and deciding what to include in that Draft constitution. Whereas Zimbabweans are demanding a people driven constitution on a blank page where they would write whatever they want and whether or not it is in the Kariba Draft. They want to start afresh.”

Meanwhile South African based Zimbabwean pressure groups are planning to hold a symposium to bring together stakeholders from Zimbabwe to engage the Diaspora on issues regarding the country’s new constitutional process.

The Zimbabwe Exiles Forum (ZEF), the International Centre for Transitional Justice and IDASA, will facilitate the weekend symposium in South Africa. Stakeholders expected to attend include the Minister of Constitutional Affairs Adv. Eric Matinenga, NCA chairperson Dr Lovemore Madhuku, Zimbabwe Congress of Trade Unions Secretary General Wellington Chibebe and Dzimbabwe Chimbga, from Lawyers for Human Rights

The Zimbabwe Exiles Forum said the symposium is important for the Diasporan community as the over 4 million Zimbabweans outside the country have not been approached about this important process, and are in danger of being left out of the discussion.

ZEF Executive Director Gabriel Shumba said: “There is no doubt that it is the Diaspora that prevented a humanitarian crisis of Dantean proportions in Zimbabwe through remittances in the past few years. There is also no doubt whatsoever that the Diaspora is an indispensable player in the reconstruction of Zimbabwe in whatever form. We are therefore worried that there has been scant attention to the need for us to be involved in the Constitutional making process.”

“We have burning issues that need to be acknowledged, including issues of citizenship and the Diaspora vote. The very fact that we are concerned indicates that we also have serious issues regarding the inclusivity of the process. This symposium is therefore aimed at arriving at a common position for all those of us who were forced out of the country”.