Sanity returns to All-Stakeholders Constitutional Conference

By Tichaona Sibanda
14 July 2009

The All-Stakeholders Conference, aimed at drafting a new national constitution, resumed in the capital Tuesday, amid unprecedented security at the Harare International Conference Centre.

The police, who were accused of letting things get out of hand without intervening, responded by throwing a ‘ring of steel’ around the venue, after the violent disruption Monday. A group of Mugabe’s notorious war-veterans and militia, led by Youth Minister Saviour Kasukuwere and Patrick Zhuwawo, Mugabe’s nephew, had drowned out the proceedings with singing and dancing, while throwing water bottles at delegates. One MDC councillor was hospitalised because of his injuries.

The principals to the GPA, Robert Mugabe, Morgan Tsvangirai and Arthur Mutambara, appeared on state television Monday evening condemning the disturbances and warned they would not ‘brook any further nonsense.’

Our Harare correspondent Simon Muchemwa said on Tuesday authorities drafted in extra police, armed with tear gas and baton sticks, because of fears that the second day of the high profile national gathering could be disrupted by fresh protests.

‘There was heightened security at the venue. Inside the HICC police details were stationed a metre apart right around the auditorium. Those without proper accreditation were denied entry and the conference went on smoothly as a result,’ Muchemwa said.

Members of the Parliamentary Select Committee that is spearheading the process, warned on Monday that ZANU PF supporters must not be allowed to overshadow the important business being discussed by the conference.

According to Muchemwa, Douglas Mwonzora, head of the parliamentary committee, explained to the delegates that the process to draw up a new constitution would be guided mainly by three documents, identified among the many sent by different organisations and political parties.

Mwonzora, a lawyer by profession, said they will take a cue from the SADC guidelines and principals on democracy to bring the new constitution in line with the rest of the regional countries. The conference will also get direction in compiling input for the constitution from the Zimbabwe People’s Charter, a document that was drawn up by more than 50 civil society organizations and social movements.

Crucially the process will follow guidelines agreed to in the GPA, that the constitution be adopted within the stipulated time frame to be followed by free and fair elections. Although the GPA acknowledges the Kariba draft as an annexure in the document, Mwonzora said the constitution-making process must not be reduced to what the three parties agreed to in Kariba. He said a much broader constituency must have a meaningful input.

Under the unity agreement that Mugabe and Tsvangirai signed last September and implemented in February, the country is supposed to write a new constitution by July 2010. But ZANU PF has been resisting the MDC’s attempts to overhaul the constitution, calling instead for the Kariba draft--that leaves Mugabe’s powers intact - to be implemented.

Muchemwa said to avoid accusations of favouring submissions from a particular party or organisation, the select committee want to produce a people-driven constitution, with all stakeholders participating in the process and not have politicians impose drafts on the people.

‘This may as well signal a new thinking in the process. The select committee has decided to use three documents as guidelines and not any particular one as a reference point. I think this could have been agreed in marathon meetings that the committee had last night (Monday),’ Muchemwa said.

The Zimbabwe constitution referendum of February 2000 saw the defeat of a proposed new constitution which had been drafted by a Constitutional Convention the previous year. The defeat was unexpected and was taken as a personal rebuff for Mugabe and a political triumph for the newly-formed opposition group, the MDC.

Mugabe went on television at the time and said he would abide by the will of the people. But a short time later the farm invasions and the violence began in earnest. There are few who believe that just a decade later Mugabe genuinely wants a people driven constitution.

The core of the problem also remains. Mugabe has never listened to the constitution, if it doesn’t suit him. Will it be any different this time?