Of the draft constitution and expectations of Zimbabweans...
Written by Administrator Friday, 04 May 2012 14:53
The Parliament Select Committee, which is responsible for the drafting of the long-anticipated new constitution, submitted a draft to the Management Committee last week which returned the draft to COPAC for further alterations. COPAC is more than two years behind schedule. It is not yet clear when a referendum on the draft constitution would be held to pave way for polls meant to end Zimbabwe's fragile, three-year-old coalition government. Circulated widely, the draft has fallen short of expectations of many Zimbabweans who had hoped it would trim presidential powers that have turned President Robert Mugabe into aa tyrant
Retaining the all-powerful presidency retrogressive
The draft constitution, proposes retaining the all-powerful executive presidency, and has no age caps but says the incumbent must be at least 40 years of age. No one can serve for more than two terms under the proposed constitution. It has a provision for one vice president and an alternative provision for two vice presidents. The President will have a maximum of two five year terms.
Of note is the fact that the draft constitution retains an executive President at a time many Zimbabweans wanted a new constitution that will whittle down the president’s powers, strengthen the role of Parliament, and guarantee civil liberties, political and media reforms. Although attempts have been made to limit the powers, according to analysts, the Presidential Powers are similar to those in the Lancaster House Constitution which has been amended a record 19 times largely to entrench the powers of the President. President Mugabe, has, over the past 32 years, used his incessant powers to abuse the rights of ordinary Zimbabweans and quash growing dissent in the country.
In her response, the Crisis in Zimbabwe Coalition (CiZC) Vice Chairperson Grace Chirenje highlighted that,
“Having a constitution that retains the all-powerful presidency is unacceptable, power cannot be centralised on one person for them to make all decisions. It is crucial for Zimbabweans to call for a constitution that decentralises the power of the President.”
Also in his statement the CiZC Spokesperson, Mr Thabani Nyoni noted that,
‘The future of Zimbabwe can only be guaranteed in a constitutional democracy that facilitates a shared power political dispensation. When you look at the current draft constitution it seems not to provide for Zimbabwe’s future in that it concentrates power and authority in just one of the many political institutions that citizens give a mandate to govern the country. So I call upon the citizens of Zimbabwe who believe in a better country to demand that the current draft constitution provide for a genuine vertical and horizontal power sharing arrangement. “
Is the draft constitution reflective of the people’s views?
Despite indications that COPAC has made headway in drafting a new constitution, confusion continues to reign supreme in the process with reports that the contents of the supreme law have been diluted by the political parties. It has emerged that a larger percentage of what is contained in the draft is not what the people said, a clear attempt to subvert the will of the people which has resulted in many stakeholders calling for the halting of the constitution making process which has since been turned into a circus.