Zimbabwe’s 33 Years: Reflections on Progress and Development

By Blessing Vava

On the 18^th of April 2013, Zimbabwe marks 33 years of independence from white rule, after decades of a protracted liberation struggle.  It is the selfless sacrifice by the sons and daughters of the soil that brought about independence.  I do honour, such sacrifice. As we reflect the 33 years of ‘self-rule’ we do so fully conscious and proud of the contributions made by the working class people, students and the marginalised sectors of our nation for creating and adopting the Peoples Charter on the 8^th of February 2008. In my notes on 33 years of Zimbabwe’s independence, I seek to highlight the historical importance of the Zimbabwe’s people’s charter and its significance in the present and future of our country in the fight for and socio-economic and politically just Zimbabwe. The People’s Charter is the only document in post-colonial Zimbabwe which is an outcome of popular organisation and consensus which lays bare a roadmap to a democratic developmental Zimbabwe setting important milestones for civic and social movements as well as the nation at large. The document reaffirms the foundational principles of our struggle for economic, social and political emancipation and autarchy.

Liberation fighters-we salute their selfless sacrifice

The adoption of this historic document,  five years ago inspired the struggle against dictatorship and today are the basis for our demands for labour rights, economic justice, and an open and democratic public service. Every significant political statement from the progressive forces since then has referred back to that momentous declaration. Over the past five years, we have made great strides forward in achieving some of the Charter’s demands. Since 2008, we have been able to challenge the administration of the country, as demanded in the Charter.  Of much significance was how the pro-democratic forces like the NCA challenged Article 6 of the GPA which called for an undemocratic framework on constitutional reform. It is section 3 of the Charter which unequivocally calls for a people driven process that is led by an independent commission.  An extract of Section 3 says…j) The People shall have a constitutional reform process, which is characterised by the following: k) Comprehensive consultation with the people of Zimbabwe wherein they are guaranteed freedom of expression and information, association and assembly.

 l)  The collection of the views of the people and their compilation into a draft constitution that shall be undertaken by an All-Stakeholders’ Commission composed of representatives of government, parliament, political parties, civil society, labour, business and the church with a gender and minority balance.

 m) A transparent process of the appointment of the All-Stakeholders’ Commission members as well as their terms of reference.’’

We did continue challenging the government on some of its weird, self-enrichment policies by government at the expense of the poor, the charter is against such. Indeed, the Charter has guided generations of activists and democrats in the struggle for a more just society.

But the Peoples Charter should not be honoured only as an inspiring visionary text.  Equally significant was the manner in which the Peoples Charter demands emerged. The Charter was the product of many months of grass-roots campaigning in townships, rural villages, squatter camps and factory canteens, which culminated into a Peoples Convention in February 2008. It emerged organically out of the struggle and aspirations of our people. Volunteers fanned out across our country and asked ordinary Zimbabweans a simple but profound question: “If you were the government, what would you do?”

Mugabe Lighting the independence torch 

As a country, we have to admit however that we are yet to implement the section 4 of the charter, which declared that the people shall share in the country's wealth. The national wealth of our country, the heritage of Zimbabweans, has not yet been restored to the people. The mineral wealth beneath the soil, the banks and monopoly industry have not been transferred to the ownership of the people as a whole, as the Charter required. A small number of giant, mainly the ruling class companies, and their Asian friends hold sway over our economy.

Workers in particular have a long struggle ahead to achieve these parts of the Peoples Charter. While we have been more vocal and relatively forging ahead on the political and human rights front, we are stagnant or rather lagging far behind in the battle for economic equity and development.

Five years, Zimbabwean patriots and revolutionaries have fought under the banner of the Peoples Charter. Today, we must take this tradition forward. The Charter’s far-reaching demands are as relevant today as in the last few years. It will help us to remain focused on those important parts of our struggle which we have not yet achieved but which are vital if we are serious about liberating our people and transforming their lives. The Charter should be treated as the basis for challenging an emerging self-enriching landed ruling oligarchy which has become the key class force for the perpetuation of unequal class relations. As the most politically conscious and advanced social force in our revolution, we must remain committed to national cohesion.

Conversely, colonial domination in our country has, throughout its history, employed political and administrative devices to facilitate its policy of 'divide and rule' by impeding the process of nation formation. The pre-colonial strategies failed to stem the tendencies towards the emergence and continued growth of an African national consciousness.  In a similar tone the growing demand for democracy and genuine majority rule in a united Zimbabwe continues to be met by the diabolically simple answer that Zimbabwe is democracy and that there is majority rule which is far from reality. The reality is that there is no majority rule. There are only minorities, who have presided over and run down the state in the past 33 years.

In particular we must not allow the regime to get away with its claims to be the main champion of empowerment for the natives. It is our duty not only to proclaim, but also to ensure that in a truly democratic Zimbabwe national resources benefit all as we celebrate the 33 years of independence, as clearly articulated by the Peoples Charter. The Charter upholds a vision of social and economic inclusiveness. The wealth and resources of our country, it says, belong to all Zimbabweans. Living, as we do, in one of the most unequal societies in the world, the Charter’s vision of a shared economy, of common-wealth, remains a deeply pertinent aspiration.

We stand for one united, democratic Zimbabwe based on universal adult suffrage. This strategic approach is inviolable. We cannot, at this stage, allow ourselves to be diverted by speculation about the future engaging in compromises at the expense of the revolutionary advance. It is clearly in this struggle that we will succeed in forging emancipation, development and democracy in our one, Zimbabwean, nation.

Forging one sovereign Zimbabwean nation is an integral part of the objectives of Peoples Charter. It is in these 33 years, that I hope those who are committed, must consolidate the peoples movement to push for the realisation of the peoples charter. Independence will not mean anything until the goals of the Peoples Charter are realised.

NB-No part of this publication may be reproduced, stored in or introduced into a retrieval system, or transmitted, in any form or by any means (electronic, mechanical or otherwise)without prior written permission of the writer. Any person who does any unauthorised act in relation to this publication may be liable to criminal prosecution and civil claims for damages.     

Blessing ‘Vuvuzela’ Vava is a blogger from Chipinge and is in the Committee of the Peoples Charter (CPC). He can be contacted on blessingvava@gmail.com

The complexities of Zimbabwe’s constitution referendum

By Blessing Vava

SADC Executive Secretary Thomas Salamao-His team is here
for nothing other than a 'YES'

As the curtain comes down on the COPAC’s constitution making process it is necessary to make a reflection on the process, context and outcome of the document notwithstanding how my beloved Zimbabweans have been deceived and seduced by COPAC’s propaganda onslaught glorifying its ill-fated attempt at constitution making as a people driven, inclusive and democratic. The propaganda has gone to the extent of reporting falsehoods of overwhelming success of COPAC’s outreach programme claiming that the attendance in their meetings is a reflection of overwhelming public support to the draft which has been tabled for a referendum on the 16th of March 2013.

Judging by the low attendance in their awareness/campaign meetings with attendance ranging from 1-60 persons it is absurd that Douglas Mwonzora can suggest that the people of Zimbabwe have overwhelmingly supported COPAC’s draft lying thus: “we are happy with the responses we got; most of the meetings were well attended.” Twenty people and a few hundreds cannot be equated as anything near overwhelming support in a population of 12 573 000 citizens. Such void claims are being made to legitimise this fraudulent process. The truth of the matter is that ZANU PF and its allies in government, the two MDCs under the banner of COPAC are hoodwinking Zimbabweans to vote for their draft.

Joyce Kazembe-Conducting the referendum illegally

Of interest, however is the arrival of the SADC Observer mission Hon Bernard Kamillius Membe, representative of the Chairperson of SADC Organ on Politics, Defence and Security Cooperation who jetted in the country, yesterday, exactly  5 days before the holding of the referendum. Rather disturbing are the observer mission’s ill-informed statements which the people of Zimbabwe should dismiss. In a statement, head of the of team Hon Membe said: ‘’ This Constitutional referendum scheduled for the 16 March 2013 clearly demonstrates movement from signed declarations into tangible results to the benefit of the Zimbabwean citizens. Furthermore, the referendum will ensure the inclusion of the political stakeholders indicating a major milestone towards the realisation of a stable political environment,’’ says the Hon Minister. From his remarks, the Hon Minister already is suggesting to the people of Zimbabwe, that, the ‘draft’ signals democratic progression with results that will benefit Zimbabweans and that it will ensure good governance through the inclusion of political players.

This he says, ignorant to the fact that it is the same SADC that facilitated a bogus power sharing deal that accommodated election losers who had been retired by the people of Zimbabwe on 29 March 2008. The shortfalls of the GPA created this constitution reform framework, a framework which relegated the people of Zimbabwe to spectators, whilst politicians drive the process.   Needless to say, national progress is stalled at 2009, the basic livelihoods of Zimbabweans have not improved.

All the reforms which we clamoured for were inadequate; in short it was just lipstick being applied to a frog and packaging old wine in new bottles. The legacy of the inclusive government was about unprincipled compromises and the bellies of the politicians while entrenching poverty among the population. The GPA failed to deal with the socio-economic issues affecting the people of Zimbabwe.

SADC told us, that it was a transitional framework directed at leading the nation towards sustainable democracy manifesting in periodic free and fair elections. Questions arise whether SADC is really concerned about the welfare and rights of the people of Zimbabwe or rather they are concerned about being credited for solving Zimbabwe’s political crisis. Needless to say that there is an inherent failure, deliberate or error of omission,  on the part of SADC to understand and stress the importance of economics in power brokering which in the first instance was the most significant indicator of a failed state. They gave us the GPA, which proved to be a disaster, with all the parties alluding to the fact that it was an unworkable arrangement and now they are papering their baby by glorifying a sham process. Of course it’s clear that their mission here is to endorse this fraudulent Kariba draft, oh I mean ‘draft.’ It’s no longer a secret that there is a significant percentage of the population that is campaigning for a NO vote. A reality which the observer team conveniently ignores. Their mission here cannot be impossible, it evidently exhibited from their irresponsible statements that to them it will be a mission possible in Zimbabwe, they are confident and are ready for a YES vote.

MDC99 leader-''The observer team did not respond to
 his assertions which were generally viewed
as last-minute attempts to scuttle the process''-Herald

Reading through the statements they released today, suggest the pre-judgement by SADC that the environment under which this referendum is being conducted is free and fair. Even some statements attributed to the observer team quoted on local radio stations urging the people of Zimbabwe to vote for the draft constitution must be condemned with contempt. The purpose of the Observer team is not to campaign for a certain position but the mission’s mandate is to conduct a comprehensive assessment of the electoral process and to observe the extent to which the referendum complies with international standards for elections, as well as domestic law. So their pre-judging upon arrival statements that the conditions existing   favour a credible outcome are immature, biased and regrettable. For God’s sake their first port of call was the Rainbow Hotel whereupon they issue irresponsible statements. The most obvious issues or anomalies in this referendum are that:

• ·        The COPAC process left out other political parties and civil society formations, making the product wholly ZANU PF/MDCT affair.
• ·        The state media and some private media houses have ganged up to shut space for the NCA and other organisations and individuals which are opposing the draft. This is despite the clear violation of the SADC Principles and Guidelines Governing Democratic Elections which state access to equal media access as a key yardstick to free and fair electoral processes.
• ·        COPAC is playing the referee and player at the same time. After writing the draft, logic was that they should not have participated in the awareness campaigns which, instead of educating people about what is in the draft they ended up picking some supposed-good sections to entice the public to vote for the draft: a clear case of canvassing for votes.
• ·        With barely 4 days before the conduct of the referendum, three quarters of the voting population have not received the draft, COPAC only availed 90 000 with a paltry 20 000 being in vernacular. The courts reluctantly attend to the NCA urgent application court case seeking an extension of date to allow Zimbabweans to be given enough the copies and enough the time to decide on the draft.
• ·        there is no justification in printing 12 million ballot papers with a country with a voting population of about 7 million
• ·        The barring of international observers is an indication that Zimbabwe’s electoral processes are yet to be reformed.
• ·        The state has unleashed the police to harass and intimidate civil society organisations confiscating radios which they claim are weapons of espionage and a threat to national security.
• ·        The barring of polling agents of groups campaigning for a no vote, opens the process to rigging and manipulation
• ·        The person running the referendum (Joyce Kazembe) is not qualified according to the current constitution and the laws governing elections and referendums. It casts doubt over the credibility of the Saturday process.

All these factors cannot be ignored; the same will happen during the election period and the same SADC will come again and endorse an election conducted under these conditions. It is my sincere hope that the SADC observer team will meet all the stakeholders (NCA) and hear their side of the story and stop making biased and ill-informed statements about the situation on the ground.   We know what we want as the people of Zimbabwe, SADC must not determine the course, it role should be to be the guardian.

Blessing Vava is a blogger who writes from Chipinge. He can be contacted on blessingvava@gmail.com

Beware of the 'Ides of March'

By Blessing Vava

It is now less than 8 days before the holding of Zimbabwe’s second constitutional referendum since the 2000 one when the citizens were again asked to vote yes/no to the Chidyausiku draft. With the remaining days, events on the ground   indicate that the plebeians are not ready for the plebiscite which the inclusive rulers are forcing despite the short space of time. Something mysterious, about the month of March. On 17 March 1983 General Walls appealed to the Queen in England to nullify the outcome of the 1980 elections because ‘Mugabe had used violence.’ ZANU PF tasted its first electoral defeat on the 29^th of March 2008. In this context it is the 16^th of March, the eve of it the 15^th being the Ides of March, a bad day in the history of the Romans. The Ides of March is forever linked with the 44 B.C. assassination of Julius Caesar, and with prophecies of doom. The Roman Emperor had been foretold about the Ides of March by the soothsayer on the 15^th of February, The Fest of Lupercalia, a festival meant to keep out evil in the land. According to the Roman scrolls, the Ides of March was mostly notably used as a deadline for settling debts.

Although, I grew up not a superstitious being, maybe it is the umbilical attachment of my forefathers with Chipinge, a place where many bizarre stories of witchdoctors are flooded in the grape vineyard. It is again the 15^th, oh sorry the 16^th of the Month of March Zimbabweans are being gang-raped by the few elite rulers to vote for a document which has not been circulated to the people of Zimbabwe. Strange isn’t it? Really strange!!! I’m indeed superstitious these two days are an omen to the people of Zimbabwe. Ironically the government gazetted the holding of the referendum on the 15^th of February for the 16^th of March. Unlike Julius Caesar, the significance of these days and coincidence is spelling doom both for the politicians and the people of Zimbabwe. It is the 15^th of February and the 16^th of March which are of worry.  If, on the 16^th of March the people of Zimbabwe accept to be tricked by politicians into voting YES then its disaster for the country spelling the return to medieval autocracy. If they decide to vote NO, it’s a victory for the people and a disaster to politicians signalling a people determined to shape their own destiny.

The historical illustrations are just but metaphorical on the spells befalling our great nation.      I speak of the 16^th of March with a heavy heart, sombre and concerned.  The date is too near, so near for the people of Zimbabwe to make a decision whether they like the draft or not. To the rulers, the purpose of this referendum is for Zimbabweans to rubber stamp their bad constitution and go for an election. It’s so shocking that they are telling the people to Vote Yes without giving them the draft so that they scrutinise for themselves what is contained in that draft. The COPAC process by all standards has failed both the legitimacy and democratic test. Only 90 000 copies of the draft copies were distributed to party supporters in a population of more than 13 million Zimbabweans. In Kenya, with a population of 41 million, 25 million copies of its proposed draft were distributed and the citizens were given six months before they went for a referendum in 2007. Whereas in my mother’s land, the ‘inclusive’ rulers are giving us 3 weeks to make a decision on something we have not seen.  What then is the purpose of the referendum when almost 90% of the voting population are still in the dark and yet the writers of the draft are telling us to vote yes. This is a vote NO!

I’m sceptical on how this referendum is being conducted; the run-up phase has not been a free and fair environment for the credibility of the holding of the referendum. Whereas there is an election to follow, this referendum is an important phase in our country. It is much more important than a national election. We are not voting for individuals because individuals come and go. We are voting for the adoption of the supreme law of the land, a document for posterity, therefore its importance.

Worryingly,  credibility and legitimacy remains in doubt. Equally, this referendum is a test mechanism on the preparedness and credibility of the coming polls. The media is not reporting fairly on those opposing the draft like the NCA, preferring to give much coverage to the three political parties campaigning for their document they authored. The High Court appeal by the NCA seeking an extension of the referendum date was thrown out the court did not even assess the merits of the matter despite empirical evidence on the ground that the draft is a mysterious document amongst Zimbabweans. It is as if it’s a privilege to access it. The High Court chose to tell the NCA that the president cannot be questioned by the court. How horrible!!

We also have recorded cases of meetings to discuss about the constitution being banned the police, funny and laughable enough, even Tsvangirai another critical player in this YES campaign was told to stop his meeting in Highfield a few days ago. As for ZEC, the institution has neither reformed nor transformed despite it being part of the reasons why this inclusive government was incepted. It was about reforms, and yet it is still the same faces, same legislation running this referendum synonymous to Mugabe’s reshuffling of cabinet.  ZEC is being run by its deputy, an acting chairperson, a discredited character Joyce Kazembe, a key player in the 2000, 2002, 2005 and 2008 election. Apart from her flowery CV, Kazembe is a well known ZANU PF card carrying activist and is not qualified for the job period! After the controversial resignation of Justice Mutambanengwe, the normal process was supposed to be his immediate replacement, basing on the fact that there was an imminent referendum and a pending election.  That never happened. The post of ZEC chairperson is clearly stipulated that the person has to be a Judge or a retired Judge or a lawyer with at least 7 years of practising of which Sister Joyce is neither of the three nor does she have a law background save for her stint with the little known Women in Law and Development in Africa (WiLDAF). So the credibility of this process is compromised as it is being run by an unqualified and compromised individual at the same time. Also the decision to suspend the voters roll in this referendum is suspicious.  They are cleverly hiding the voters roll because they were not prepared for this poll and it also opens space for rigging which is now imminent. In the past we have had cases of multiple voting, staffing of ballots something which is now looming as we are approaching the referendum. Clearly there is no guarantee that this process will be credible and the votes will not be accounted for. Even the reason to print 12 million ballot papers at the expense of printing the draft for circulation is unreasonable and suspicious in a population with approximately 7million inhabitants above the legal age of majority. The voting patterns since 1980, logically will tell you that we will never have such a turnout unless minors are part of the electoral process.  Whereas the last two elections, the 2002 presidential,  and the last 2008 poll figures do not justify the printing of 12million ballot papers. In 2002, the total vote cast was 3.048.891, with a registered voters roll of 5.607.795, with the voting age having a population of 5.615,938, the total population for the country was 11.365,366. Compared to the last election in 2008, it had the following figures: total vote count was 2. 514,750, those registered were 5.934,768, voting age was 5.320,015 with a total population for the country being 12.311,430. Basing on these statistics it does not justify the printing of 12 million ballot papers. For what? Rigging maybe!

Running the referendum illegally-ZANU PF apologist Joyce Kazembe

In a nutshell, judging from a closer assessment of the attendance of people in the COPAC campaign meetings disguised as an outreach it no longer needs Angel Gabriel to tell you that the referendum will be marred by apathy and a low turnout and by any standards will be a sign to politicians that the people of Zimbabwe are not happy.

Blessing ‘Vuvuzela’ Vava is in the NCA Media and Publicity Take Charge Campaign Technical Committee. He writes from Chipinge and can be contacted on blessingvava@gmail.com

Zimbabwe’s constitution making…learning nothing and forgetting nothing

By Blessing Vava

Muzorewa signing the Internal Settlement

Last week I took time to revisit Article VI of the Global Political Agreement signed by the three parties in the inclusive government on 28 September 2008. Section 6, begins by Acknowledging that it is the fundamental right and duty of the Zimbabwean people to make a constitution by themselves and for themselves. It goes on to state that, ''Aware that the process of making this constitution must be owned and driven by the people and must be inclusive and democratic; A clear breach of the agreement by COPAC and its Principals who ended up negotiating on their own leaving the people in the cold reminiscent of the Kariba Draft negotiations of 2007. The process was not inclusive; it left out other political formations and several actors to be part of the drivers.  

What is disturbing is that we have been hearing loud mouths in the mould of Nyanga North legislator Douglas Mwonzora and his MDC counterparts that this document is a product of the people despite its poisonous clauses which are not only harmful but a serious hazard to the people of Zimbabwe if consumed through a YES vote in the referendum. Mwonzora's behaviour is not surprising though, for a person with such ideological inconsistency, a controversial political identity and above all a long history of working with sell-outs like the late Bishop Abel Muzorewa, whose history of selling out is widely documented and fresh in the minds of Zimbabweans during his infamous Zimbabwe Rhodesia. 

Mentored by Muzorewa-COPAC's Mwonzora, he  joined the MDC in 2007 coming from the Muzorewa led United Parties)

What is striking is that on the 3rd of March 1978, Bishop Muzorewa, Ndabaningi Sithole and the Rhodesian elites signed an agreement at the Governor's Lodge in the then Salisbury to pave way for a stalled unity to make up an Executive Council. That ‘government’ did not last and they even approved a constitution after a referendum mainly participated by whites in January 1979. The Internal Settlement did not last as it collapsed because it was an elite and sell-out agreement by Muzorewa and crew and left out the nationalist movements.  The internal settlement was also condemned by the United Nations Security Council Resolution 423 of 1978, declaring unlawful any "internal settlement" in Southern Rhodesia. 34 years after, Zimbabwe is at a defining moment, the ruling elites are in bed caressing each other while the people of Zimbabwe are peeping through dark windows, however with small openings for a twinkle to get a glimpse of decision making in national processes. The ruling elites are in a compromised position, like Muzorewa and Sithole they are in an Internal Settlement, an arrangement between themselves through their scandalous draft.

 However the referendum will be the defining moment for the people of Zimbabwe to reject the elite pact between ZANU PF and the two MDCs.  Voting for this draft will be dangerous and suicidal because it benefits the politicians the most a feature that is ultra vires modern and acceptable constitution making trends. Politicians of the day have failed to learn from the past that constitutions are living documents that transcend and outlive current leadership short sighted interests. The MDCT has been known to be at the forefront questioning the rationale of a big cabinet. Their 2000 election manifesto proposed about 15 ministers ironically they now see no fault in the COPAC draft probably it’s the belief that they will be forming the next government and enjoy the same powers, as they have tested how sweet it is after their short but disastrous stint in government. The COPAC draft is a worse off document than the current constitution or the rejected 2000 draft. There are some who are saying it’s a step ahead, it’s a transitional document etc. They even accept that it is not a perfect document but the country needs to move forward. The questions I pose, step ahead to where? Moving forward to where? Clearly we are not moving forward with the COPAC draft rather it is tantamount to moving backwards to the times of Rhodesia when the white settlers crafted laws that favour themselves and segregating the black majority.

This draft creates a powerful executive and a bloated legislature and this will create serious problems because all these people will be demanding cars, houses and hefty allowances like we are witnessing now with the exception that the treasury will have to foot the bill for a larger cabinet and parliament something that is not in sync with our economic state. If recent statements by MPs and ministers are anything to go by then Zimbabweans should wake up and resist a new constitution that will allow for a bloated and unnecessarily huge parliament because it will run the government coffers dry. This is probably why both the House of Assembly and Senate rushed to endorse the draft without even debating its contents as required by Section 6.1(b) (vi) of the GPA. If the parties are really genuine in Zimbabwe having, not just a constitution, but a good one that will serve generations to come, they should have adequately debated the national report, the draft constitution’s contents against a backdrop of clauses negotiated and imposed by the Executive and of course taking into account valuable points raised by progressive movements like the NCA. The mere fact that the 190 plus legislators and the upper house see no fault in the draft alone shows the insincerity of politicians who are out to force people to endorse their interests. This renders Mwonzora and his ZANU PF colleagues’ claims that the draft contains the views of the people as laughable and an indictment on this selfish leadership. The manufactures of that draft should come out clear to the people of Zimbabwe and apologise, they wasted 4 years and US$50 million to produce a shoddy document not even worth half the time and the resources wasted. To think that the draft is worth US$50million is a serious scandal. 

If the views of the people are really captured in the draft one wonders why the parties are making desperate efforts to convince Zimbabweans to vote for their document. They need to give us strong reasons why such a draft should be voted for, which so far they have failed beyond sloganeering, lying and misrepresenting what is contained in that draft. What is positive is that many Zimbabweans out there are now aware that the role of the ‘invisible’ rather visible political hands of the principals in this whole scam, and are now geared for the referendum which might be held on 16^th March. After all has been said and done, the politicians still owe the people an explanation on how they used US$50million which could have been channelled towards resuscitating ailing sectors of the economy and social service delivery. It smears of logic why they sought to waste valuable huge sums of money when they knew they would eventually negotiate the Kariba Draft style, obviously they were hatching the great national deception meant to hoodwink people into believing they own the draft. The nation should simply reject this draft the way they resisted the 2000 draft and the Kariba draft and the government concentrate on elections and thereafter pave way for national healing to depoliticise and depolarise the nation leading to an inclusive independent people driven constitution making exercise. 

Blessing ‘Vuvuzela’ Vava is a blogger from Chipinge. He can be contacted on blessingvava@gmail.com

The NO VOTE is in defense of history

By Blessing Vava

Abstract

A constitution is the highest law of the land, which defines and limits the powers of government and its various branches, vis-à-vis each other, and the people, and provides a strong foundation for a state based on the rule of law. For the UN, the term constitution-making covers both the process of drafting and substance of a new constitution, or reforms of an existing constitution. Both process and substance are critical for the success of constitution -making. The design of a constitution and its process of development can play an important role in peaceful political transitions and post-conflict peace building. It can also play a critical prevention role. Constitution-making presents moments of great opportunity to create a common vision of the future of a state, the results of which can have a profound and lasting impact on peace and stability. United Nations Rule of Law Coordination and Resource Group

Zimbabwe

The  Parliament select committee  finally agreed and produced a draft constitution with the aid of their principals in the shaky coalition government to end years of uncertainty to a process that was neither people-driven nor democratic rather an elite arrangement by those in the corridors on  power. The draft is part of the requirements of Article 6 of the 25 September 2008 agreement by the three parties, however, a section fearlessly contested by the NCA.  It is this Article 6 that mandated the parties to come up with a committee of parliamentarians to spearhead the process of writing a new charter for Zimbabwe.

Principles and Process vs. Political Greed

The NCA argued that the involvement of those in power to drive the process was not only going to compromise the contents of the document but also the full active participation of the citizenry in this important process in the history of this country. Fully aware that the process of making a constitution is as important as the content we remained skeptical about the whole arrangement. This position may have been largely misunderstood or deliberately shelved. The people driven constitution approach is centered on national ownership and support for inclusive, participatory and transparent processes.

Support is to be tailored to the specific citizens context (often referring to historical and current political epochs) and is drawn from a wide range of expertise both within and outside the government system with its independence uncompromised to ensure access to international and comparative best practice and that the voice of the voiceless is protected. Advance planning is required for the creation and implementation of public information and civic education campaign, public consultation process and the securing of funds, human and material resources. A structured (and time intensive) national dialogue or consultation process that feeds back the views of the people to the decision makers involved in the drafting and debating of the constitution is an essential element of an inclusive, participatory and transparent process. 

The NCA encourages constitutional approaches that directly incorporate and make supreme international human rights standards, including an independent and impartial judiciary, as a strong foundation for the rule of law. The setting up of institutions, structures and mechanisms that promote adequate follow-up to ensure implementation of the constitution or constitutional reforms once adopted. This is where COPAC failed the test. It was a commission appointed by their party principals, who ultimately had the final say over what went into its Draft Constitution. After purporting to have collected the views of the people COPAC during the outreach exercise what finally came out was a negotiated constitution containing the views of the elite class in government (Kariba Draft style and majority of the content).

 The people driven constitution discourse was simple yet so cumbersome in the views of the oligarchy - citizens participation in the making of a constitution will ensure that their wishes are safe guarded and sacrosanct in the new constitution

History has it on record that we argued in 2000 that the people must determine a process of constitution – making which they can dominate. It was on the strong belief that, the principle of democracy is fully entrenched as people will not, thereafter; allow any future government to change the constitution as it wishes.

After producing two different drafts, one in March and another one in July 2012, it became clear that the final product was going to be nothing but an illegitimate and fraudulent document paraded to the nation as a democratic constitution yet in essence is meant to protect the power of the ruling elites. One of the most contentious and controversial sections which resultantly led to the rejection of the Chidyausiku Draft is the Executive presidency, which the proposed draft has brought back. 

·       The proposed Draft still provides for an executive president with almost similar powers to the Lancaster Constitution. The President is endowed with unchecked totalitarian powers such as appointing and dismissing most public figures, exercising the prerogative of mercy.

·       Chapter 5, Section 88, the president is still the Head of State and Government and Commander in-Chief of the Defence forces. It would have been prudent for the draft to create to create a post for prime minister to act as Head of Government a more democratic arrangement suitable for a post conflict nation and would provide for intra-accountability in the executive.

·       The proposed charter is still silent on the retirement age limit for the president. The president still enjoys immunity for crimes committed in his/her personal capacity. Section 98(1)While in office, the President is not liable to civil or criminal proceedings in any court for things done or omitted to be done in his/her personal capacity.

·       Again on appointments, this draft gives the president powers to appoint an unlimited number of cabinet ministers, this clause is open to abuse and that’s the reason why currently we have a bloated cabinet thereby burdening the treasury in a small country like ours. Past and present ministers are known for non delivery and only vocal on ‘benefits’

·       On accountability-this draft provides that vice Presidents, Ministers and their deputies are accountable to the President and not parliament [Section 107 (1)] Subject to this constitution, every Vice President, Minister and Deputy Minister is accountable, collectively and individually, to the President for the performance of his or her functions. This system is open to abuse and will not allow transparency and proper accountability of ministers in the execution of their duties. Yet modern democracies are characterized by shared decision making by the legislative and executive branches allowing for both horizontal and vertical accountability.

Going through Chapter 6 of the draft left me in shock on some of the provisions herein. For a draft that is essentially a product of members of parliament critics were however proved correct.  Zimbabweans have always been against a big parliament as it has become a mere talk show and a burden to the fiscus.

·       Like the Chidyausiku Draft which proposed a big parliament, the current draft provides for 270 legislators. The figure is not only shocking but a clear show of extravagance and accommodation for the ruling elites to create jobs for the boys as parliament has since become an employment bureau.

·       The draft fails to set term limits for members of parliament and one can be an MP for life.

·       Parliament is weak, it cannot pass a vote of no confidence in a Minister. If new legislatures are going to have a central role in a nation’s governance a democratic constitution provides for a relative balance of power between the legislative and executive branches

It is also imperative to note that this draft allows for the amendment of the constitution by a two thirds majority in parliament Section 328 (5). This is how flawed this draft is in that any party with a two thirds majority that time can change the constitution at will.

In practice the citizens voice is silenced, a nation that deems itself in a transition to democracy should be ready to create provisions for citizens to participate in a referendum to amend a constitution. Any proposed amendments to the constitution must be brought to a referendum to allow citizens to participate as this concept of two thirds supermajority is prone to political manipulations by ruling parties in infant democracies. With these few submission I have made my mind to vote NO in the referendum and I encourage fellow citizens to reject this daft dangerous draft.

 It is a negation to the democratic principles of governance and should be rejected resoundingly to send a clear message to those who want to impose a bad document on Zimbabweans. A rejection does not mean we do not want a constitution but is a clear a message that we want a good constitution that is authored by the people for the people and not a few individuals.

Nb* Should you use this article, please acknowledge that it was first published  www.blevava.blogspot.com.

Blessing Vava is a member of the NCA Take Charge Campaign Technical Committee. He writes from Chipinge and can be contacted on blessingvava@gmail.com. Twitter-@blevava