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Shortcomings of the Kariba Draft Constitution
National Constitutional Assembly (NCA)
April 15, 2009

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Introduction

This report analyzes the Kariba Draft Constitution, a document negotiated in secret in September 2007 and referenced in Article 6 of the Global Political Agreement between Zimbabwe's three primary political parties. The report briefly considers the process that led to the creation of the Kariba Draft and then explores the content of that document. The substance of the Kariba Draft is compared to that of the current Constitution and the Constitutional Commission Proposal which was rejected in a national referendum in February 2000.

This report concludes that the Kariba Draft is inadequate in terms of both process and content. If the Kariba Draft were to be used as the basis for constitution-making in the country, Zimbabweans would be denied their right to write a constitution for themselves. Moreover, the content of the Draft is inadequate. It fails to protect fundamental rights and freedoms and promotes the continued dominance of government by the Executive.

Zimbabwe's political leaders should immediately denounce the use of the Kariba Draft as a fundamental document in the constitution-making process. They should instead embrace people-driven, democratic processes as the basis for constitutional reform in Zimbabwe.

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