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Mbeki mediation faces collapse
Augustine Mukaro and Orirando Manwere, The Independent (Zimbabwe)
June 01, 2007

http://allafrica.com/stories/200706010206.html

THERE are increased fears that time is running out for the Southern African Development Community (Sadc) mediation initiative in Zimbabwe, as government appears unmoved by calls for a new constitution and electoral law reforms ahead of the country's joint elections scheduled for next March.

Government announced that presidential and parliamentary elections would be held in 2008, resulting in increased calls for a new constitution as a prerequisite for the polls if the country is to produce an internationally acceptable result.

Sadc heads of state in March appointed South African President Thabo Mbeki to mediate in the Zimbabwean crisis.

Analysts said the Sadc initiative risks becoming irrelevant as Zanu PF is already working on a parallel programme, Constitutional Amendment 18, a move seen as trying to avoid a constitutional overhaul which Sadc is expected to facilitate through Mbeki.

The concerns come at a time when the opposition MDC (Morgan Tsvangirai faction) has filed a court application challenging the constitutionality of some sections of existing electoral laws which they believe should be reviewed urgently.

However, stakeholders say a new constitution and electoral law reforms can still be achieved if there is political commitment. There are even proposals to delay the elections to allow the constitutional overhaul to take place.

Zimbabwe has held three major elections - the parliamentary elections in 2000 and 2005 as well presidential elections in 2002 - whose results have been disputed by the opposition and the international community, precipitating the current political impasse.

Stakeholders on the other hand concede that there are hurdles that have to be overcome by the opposition and other groups demanding a new constitution. The major task is to convince progressive members in the ruling party to put their weight behind efforts for a new constitution.

They argue that all stakeholders from political parties including the ruling party and civics have frameworks which could be synthesised into a comprehensive new constitution.

Stakeholders expressed fears that an election under the prevailing political environment would be a waste of time. Polls under present circumstances, they say, are susceptible to rigging that attracts international condemnation.

However, the reform efforts face serious resistance from hardline Zanu PF stalwarts who are already working on a parallel plan to maintain the ruling party's advantages derived from the current set up.

Opposition MDC's Tsvangirai faction spokesman Nelson Chamisa said his party was convinced that their demands were achievable if there was national consensus and political will.

"The biggest resource lacking in efforts to resolve the Zimbabwean crisis at the moment is political will and commitment, particularly from Zanu PF," Chamisa said. "Government's proposal for Amendment No 18 is an effort to waylay other initiatives. We can't afford to fast-track everything for the sake of time. Our roadmap is process-based and takes on board the general populace."

National Constitutional Assembly (NCA) chairman Lovemore Madhuku said the government was not sincere about political reforms and was taking advantage of the Mbeki intervention to buy time.

He said there was need for civil society to continue mobilising its members and to avoid dependence on the Sadc initiative as the government had made it clear that a new constitution was not a priority.

"We have to continue mobilising the masses and continue building pressure among all the democratic forces in the country," Madhuku said. "If the Sadc initiative fails, we have plans B, C and D, but I cannot divulge that at the moment. We will continue to soldier on because this is a process and desired results cannot be achieved overnight."

Madhuku said civil society organisations believe they should be given an opportunity to be heard as this process cannot be left to politicians alone.

"So we are working on a document under the Save Zimbabwe Campaign which we expect to present to President Mbeki. We have not been invited to the dialogue but we are working on a consolidated document which we shall submit for consideration," said Madhuku.

Reverend Ray Motsi, one of the founding members of Save Zimbabwe Campaign said the coalition was consulting widely among its membership and was expected to adopt a position paper on the Sadc initiative by the end of this week.

He however expressed concern that there was not enough time for Mbeki to meet all stakeholders as dates for the elections have already been set.

"In the event that nothing is achieved, we have to continue lobbying even beyond the elections because this is a process," Motsi said.

Analysts said government still had a constitutional framework that was rejected in 2000, the MDC factions have frameworks and the NCA also has a framework which could be used as starting documents.

"What's required is an all-stakeholder national conference which will agree on the need for a new constitution. It would take at most six months to come up with the desired constitution," an analyst said.

Crisis Coalition Zimbabwe coordinator Jacob Mafume said Save Zimbabwe Campaign was in the process of pushing for a new constitution or even an interim measure that would level the electoral playing field.

"There are many frameworks for a new constitution to hand," Mafume said.

"We need to build the desire for a new constitution among all stakeholders and then progress on one platform. It's easy to work out the modalities once there is commitment from all stakeholders," he said.

"It would need about four weeks to put together the various proposals and then call for a referendum."

Mafume said the call for a new constitution was to level the political playing field and to promote the common good.

Zimbabwe Election Support Network (Zesn) chairman Reginald Matchaba-Hove said there was sufficient time for stakeholders to agree on an acceptable electoral dispensation.

"We are agitating for the removal of electoral hurdles that have made free and fair elections impossible in the country," Matchaba-Hove said.

"We are calling for a new constitution that would establish an Independent Electoral Commission, repeal sections of Posa and Aippa to allow free campaigning, and give unlimited access to media to all involved parties.

"Otherwise holding elections under the current conditions would be a waste of time because it will give the same results as 2000 and the same reports of electoral fraud would be reproduced."

Matchaba-Hove said his organisation was encouraging people to go and vote beginning at local levels because that is where democracy starts.

Zimbabwe Peace Project chairman Alouis Chaumba said their push for a new constitution was aimed at eliminating electoral barriers that have discouraged the ordinary people from viewing elections as a way of making a change.

"We are working towards the elimination of barriers such as the prohibition of political gatherings, violence and intimidation," Chaumba said. "We are already encouraging people to participate in elections at all levels and view the elections as a way of making a change to better their lives.

"Under the current situation people often don't see the importance of their vote. So unless these fundamentals are addressed the elections would be just a routine exercise that would not improve anyone's life."

A people-driven constitution would seek to remove powers of the president to appoint unelected members, establish an independent electoral commission, repeal sections of Posa and Aippa and entrench a Bill of Rights, among other draconian provisions.

National Security minister Didymus Mutasa said last week that Posa would remain in force and was needed by government to quell unrest.

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