COPAC’s List of Constitutional Principles

CONSTITUTION WATCH 2012

[21st February 2012]

COPAC Releases List of Constitutional Principles

COPAC yesterday released a document, signed by all three COPAC co-chairs, setting out the 26 constitutional principles guiding the drafting of the new constitution.  This document is one of those produced by the pre-drafting workshop held by COPAC in November 2011.  The full text is as follows:

List of Constitutional Principles

The following are the constitutional principles guiding the drafting of the new constitution for Zimbabwe:

1.       Supremacy of the constitution

2.       Recognition of Zimbabwe’s liberation, democracy, sovereignty of the state and its people

3.       Recognition of the principle of separation of powers

4.       Recognition of land and natural resources as belonging to all Zimbabweans

5.       The constitution should contain mechanisms of redressing colonial imbalances in the distribution of natural resources including land

6.       The new constitution must ensure the maintenance of unity, in diversity, peace, stability, security and prosperity for all the people of Zimbabwe

7.       Recognition of the rule of law, good governance and democracy

8.       Recognition that power to rule and govern must be derived from the authority of the people

9.       The recognition of fundamental human rights

10.   All organs of the state to respect, protect, promote and fulfil the rights and freedoms spelt out in the Bill of Rights

11.   Recognition of the principle of decentralisation

12.   Recognition of the principle of devolution of power

13.   Recognition of gender equality and gender mainstreaming in all spheres of governance

14.   The recognition of the rights of children, the youth, the disabled, women, workers and vulnerable groups

15.   The recognition of universal adult suffrage

16.   The recognition of the importance of an electoral system that guarantees regular, free and fair and effective elections that ensure adequate representation of the electorate

17.   Recognition of the importance of Bill of Rights by entrenching it in the constitution and its justiciability

18.   Recognition of the principle of checks and balances among the levels of government and the Arms of the State

19.   Recognition of the need for equitable resource sharing mechanisms

20.   Recognition of the rights of racial, ethnic, cultural, linguistic, religious and political minorities

21.   That the management of public finances should be informed by transparency, responsiveness, accountability, responsibility, integrity and equity

22.   All arms of state must uphold the principles of democracy and good governance

23.   Recognition of the principle of constitutional transition and orderly transfer of power

24.   All Arms of State must uphold the constitution, respect human rights, be non-partisan and professional

25.   The constitution must recognise the diversity of languages, customary practices and traditions and must seek to protect and promote these

26.   The institution, status and role of traditional leadership, according to indigenous law, shall be spelt out and recognised in the constitution

Signed by Hon MP Mangwana, Co-chair; Hon DT Mwonzora, Co-chair; Hon ET Mkhosi, Co-chair

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