Constitutional outreach to begin without repeal of repressive laws

By Lance Guma
16 March 2010

The outreach programme meant to gathers people’s views on a new constitution is set to begin in early April, without the repeal of repressive laws that are likely to be used by ZANU PF to frustrate the process. Veritas, an organization that monitors legal and constitutional issues, said it is now expected that both Houses of Parliament will be adjourned until mid-June, after the Select Committee on the constitution requested a lengthy recess for MP’s to allow them to take part in the 65-day outreach programme.

MDC-T Chief Whip in Parliament Innocent Gonese told Newsreel he could not confirm if a formal request had be made for the recess to be granted but said there was a general understanding this could be allowed in situations like this. He said Parliament could still be recalled to sit anytime that urgent business arose during the outreach programme.

But with no parliament sitting for such a length of time this means the POSA Amendment Bill cannot be passed before the outreach starts and there will be no amendments to any restrictive media laws. This is despite the same Select Committee on the constitution admitting that there could be no meaningful consultation, unless there were legislative reforms leading to democratic freedom of association and expression.

Over the weekend villagers in Chipinge and Chivi amplified the point further when they told Prime Minister Morgan Tsvangirai that they were being threatened by ZANU PF militia, who are warning them against participating in the constitutional outreach.

Veritas also raised similar concerns adding that ‘there are also fears that the constitutional select committee may not gather accurate views from a terrorized public especially in the rural areas. Some members of the civic society have been threatened with death if they go ahead with civic education about the constitutional process, particularly in the rural areas.’

Intimidation, violence and laws like the Access to Information and Protection of Privacy Act (AIPPA) and the Public Order and Security Act (POSA) will remain a noose around the necks of those trying to inform the public about the process of a new constitution.

Gonese meanwhile told us that although most Zimbabweans wanted the removal of repressive laws what was important in the meantime was the political will to allow people to express themselves. He said the crafting of laws was a lengthy process with no guarantees. Legislation had to pass through both the lower and upper house of parliament and even after this it needed the signature of the President. He said even if the lower house had remained sitting the Senate (upper house) had already adjourned until June.