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Sleeves rolled up for battle over Constitution
The Independent (Zimbabwe)
May 21, 2009

http://www.thezimbabweindependent.com/index.php/local/22671-sleeves-rolled-up-for-battle-over-constitution

A fierce political battle is looming over the control and direction of the current constitutional reform process after President Robert Mugabe ordered the multiparty select parliamentary committee to use the controversial Kariba draft as the reference document as agreed in the Global Political Agreement (GPA) after it was discarded by MPs.

Informed sources said Mugabe told the Zanu PF politburo meeting on Wednesday the secret Kariba draft should remain the basis for consultations.

The GPA refers to the Kariba document. A 25-member parliamentary select committee has been put in charge of the process.

Speaker of Parliament Lovemore Moyo and members of the parliamentary committee have said the Kariba draft would be the starting point for consultations. Committee co-chair Paul Mangwana on Monday said "we are not going to use the Kariba document". Constitutional minister Eric Matinenga and other members of the committee have also said the same thing.

However, Mugabe told the Zanu PF politburo that the Kariba draft — which leaves his powers intact — would be the basis of the constitution-making process.

Sources said Mugabe told the politburo that the Kariba document should be restored. This followed remarks by Olivia Muchena who told the politburo the Kariba draft would not be the reference point. Mugabe reportedly rejected this.

Mugabe wants the Kariba draft because it retains the executive presidency intact. Section 78 of the secret Kariba draft says executive authority would be vested in the president and cabinet, which is similar to the current Lancaster House constitution's section 7 before the 19th amendment.

The president remains the head of state and government, as well as commander in chief of the defence forces. Section 84 of the Kariba draft which deals with the tenure of the president does not impose term limits.

Section 88 of the Kariba draft says there will be two vice-presidents. The draft does not have the position of prime minister. It is fundamentally different on the executive presidency from the 2000 constitutional commission draft or the National Constitutional Assembly document.

The Kariba draft proposes a parliament with 210 elected House of Assembly members and 93 senators. It retains in Section 247 appointed governors, unlike the 2000 draft which had proposed that they should be directly elected.

Further, the Kariba draft does not have elected provincial councils in section 245 unlike the rejected 2000 draft, rejecting the principle of devolution of power from central government to provinces and local authorities. It also does not have proportional representation in parliament.

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