Biti dismisses fake draft ‘MDC’ constitution being circulated

By Lance Guma
10 February 2006

Lawyer and Harare East Member of Parliament, Tendai Biti has dismissed as fake, a draft ‘MDC’ constitution being circulated to party supporters and the media. The document gives the impression party leader Morgan Tsvangirai is trying to amend the MDC constitution and give himself excessive powers and an unlimited term in office. Biti says he is chairing a committee tasked by the National Council to draft constitutional reform proposals. No other organ of the party was carrying out a parallel process.

The fall out with their colleagues over the controversial senate elections had exposed all the major weaknesses in the current MDC constitution. This he said needed to be addressed. A dispute settlement machinery amongst other things needed to be set up so as to avoid a repeat of the events of 12 October 2005 where various party structures came into dispute over the senate elections. According to Biti the fake document being distributed around was drafted by a lawyer and deliberately designed to try and tarnish Tsvangirai’s image.

He described the move as an act of desperation and said they had already informed their structures to ignore it. Biti says his committee has sent an official draft to the provinces so as to get their input on amendments that would make their constitution acceptable even as a national one. He says they have included a bill of rights in their draft and made sure party structures in the diaspora are recognised in the new constitution.

The draft by Biti’s committee is meant to recognise the growth of the party over the years and new situations, which have arisen. For example he says when the party was formed in 1999; the MDC did not have Members of Parliament and this new scenario needed to be factored in the constitution. They are also proposing to formalise the management committee, otherwise known as the ‘top six’ and enlarge this grouping to a more representative 11 individuals. The committee has also suggested that the National Council be granted the power to suspend provinces, something they cannot do at the moment.

All these points are being put to the provinces and Biti says they are currently getting feedback and suggestions from party structures. Political analysts have pointed out that limits on presidential terms usually apply to leaders who have assumed the National presidency in their respective countries and that there was normally a separation between party and national leadership should the party win any presidential poll. The MDC has been urged to have a constitution that spells this distinction clearly to avoid any disputes at a later stage. Party delegates will have the chance during congress in March this year to either accept or reject each of the proposals being made.