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Minister
of Constitutional Affairs, Advocate Eric T Matinenga, answers your
questions about the Constitution making process in Zimbabwe - Week
2
Kubatana.net
May 2010
View the listing
of all questions and answers here
View week two
questions and answers in Shona here
View week two
questions and answers in Ndebele here
View audio file details
1.
How will the issue of land tenure in Zimbabwe be addressed in the
new Constitution?
Now this is a question
that is seeking my view on certain Constitutional issues. Now I
am not going to determine what is in the Constitution - the
people out there will. But I am also a Zimbabwean, and therefore
also have my opinion about what I would like to see in the Constitution.
This is what I will share with you - but know that it is the
people who will determine what is in the Constitution, not my personal
views.
Now there is no uniformity
in land tenure in Zimbabwe, but one can identify three systems of
land tenure. The first one is the land tenure which derives out
of the compulsory acquisition of land for agriculture and resettlement.
That land tenure is based on what is known as an offer letter. That
offer letter says that that piece of land can be withdrawn from
me at any given time, because that land belongs to the state. The
state has got title deed for that piece of land. So immediately
what comes out of this arrangement is that the holder of an offer
letter does not have complete security of tenure.
You then come to the
second type of tenure - that which is enjoyed by the majority
of us who have no access to this land really, who only have tenure
in respect to communal pieces of land which we hold. Again, there
is no security of tenure, because that land is held by the various
local authorities who hold that land in trust for us, the communal
land holders who can till the land.
The third one is that
tenure which is enjoyed by the person who has title deeds to that
piece of land. That person, in theory, can do whatever they like
with that land. But in regards to our compulsory acquisition of
land, it means that even if you have title deeds to that piece of
land, government can acquire it, and your tenure on that piece of
land is at risk.
So when one
looks at all of these three, what is important is that we must address
the issue of tenure. We must bring about security of tenure, so
that agricultural land can become an economic entity that we can
get an economic benefit out of. This can only be done if the person
who occupies that land has security to work that land. This isn't
so much about the ownership of the land, but the use of it so that
it brings about an economic benefit.
Listen - English
Listen - Shona
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2.
How can we ensure that COPAC remains non-partisan?
COPAC is that group of Parliamentarians who are
spearheading the writing of the Constitution. It is a group of 25
Members of Parliament who form the Parliamentary Select Committee.
The composition of COPAC is that the three main political parties,
and one chief, are represented. There are 11 members from MDC-T,
10 from Zanu PF, 3 from MDC-M and one chief.
So by its very nature, one hopes that this grouping
will form checks and balances so that no one group can impose itself
on the other, and so that it does things which are beneficial not
only to these groups but to the people of Zimbabwe.
In addition
to COPAC, we also have two other committees which contribute to
the Constitution making process - the Steering Committee and
the Management Committee. This means that COPAC is balancing different
parties within its members, and also that it is checked and balanced
by these two other Committees. This helps to make sure that COPAC
remains non partisan.
Listen - English
Listen - Shona
Listen - Ndebele
3.
Today's question came from several different callers, including
ones in Mutare and Chipinge. They asked: How will you protect ordinary
Zimbabweans to help them feel free to express the views of what
they want in the new Constitution? Many of us are already experiencing
intimidation.
This is a burning question
not only for Chipinge and Mutare, but for people all over the country.
People are still not satisfied that they are not going to experience
the same violence and intimidation that happened in the run up to
the June 2008 elections.
I really wish I could
be more positive in assuring people about their safety. But for
each outreach meeting we have, we will make sure that at least 5
police officers are present at each outreach meeting. But you could
ask me - what about what is happening now before the meetings,
and what about what will happen after the meetings, how will you
protect people then. This is where I say in all humility that I
wish that I would be able to provide more. But the reality is that
I cannot provide any more.
What I hope is that all
the political parties - particularly those who have an unfortunate
culture of violence - will be able to rein in their supporters,
and make it very clear to them that they will not support those
who engage in violence. I think we need to make the point very clear
- there is no need to die for a politician. It is not worth
dying for, or becoming violent yourself, just because a politician
has said to. Because as soon as the politician has gotten what he
wants in that context, he will move on and forget about you.
In addition,
I sincerely hope that the police will get out of this belief that
there are certain parties which can do anything without the police
stopping them. The police should apply the law without fear or favour.
I also hope that the Organ on National Healing will help to heal
communities so that the outreach programme is conducted in peace.
Listen - English
Listen - Shona
Listen - Ndebele
4.
Today's question has come from a number of people, including
Wellington and Kudzanayi. They asked: What will the new Constitution
say about the executive branch - such as the age of the President,
tenure and terms of office, and whether there is both a President
and a Prime Minister?
Now this is a question that is seeking my view on
certain Constitutional issues. Now I am not going to determine what
is in the Constitution - the people out there will. But I
am also a Zimbabwean, and therefore also have my opinion about what
I would like to see in the Constitution. This is what I will share
with you - but know that it is the people who will determine
what is in the Constitution, not my personal views.
The current Constitution has an Executive President
with executive powers, which are considered by many as centralizing
too much power in one person. With the signing of the GPA, the Constitution
was amended, and introduced a Prime Minister for the duration of
the transitional government. Unfortunately, this GPA does not clearly
define the powers of the President and the Prime Minister. But in
the new Constitution, if you were going to have both a President
and a Prime Minister, that Constitution must clearly describe the
powers of the President and the Prime Minister, so that there is
no this confusion.
My view is that, for a country like Zimbabwe, with
the limited resources that we have, we cannot afford to have both
a President and a Prime Minister. I would settle for an Executive
President. But, in the event that the people out there want both,
I think that what is important is that the powers must be clearly
defined. Let's know who does what. Let's know where
the power starts, and where the power stops, for both the President
and the Prime Minister.
Whatever the position is, I think it is important
that there are term limits for the President, Prime Minister, or
both. It is also important that our Constitution does not centralize
power in one person. We must have effective checks and balances
to prevent this. So it is important for people to reflect on this
and articulate their views. In recent years, we have had a progression
to the centralization of power. But in my view, we need rather a
progression to the decentralization of power - like the devolution
of power question which I addressed previously.
In terms of the age of the President or Prime Minister,
I do not have any considered views on the matter. People say that
if you're forced to resign at a particular age, it is a recognition
that you are now unable to give your best in the circumstances.
So given that argument, maybe you need to put a cap on the age.
But there are other people who have been President or Prime Minister
beyond the age one would normally retire - and they have done
well. What is important is that whoever is there should not be there
for life.
Listen - English
Listen - Shona
Listen - Ndebele
5.
Today's question comes from Mashasha, who asked - What law
can we put in the new Constitution that will hold members of Parliament
accountable to their constituents? Can we have a recall vote when
our MPs are not performing?
This question again seeks
my views about what I would like to see in the Constitution. There
are two issues here. There is what is clearly identifiable as political
recall, and then there is some other difficult concept which seeks
to recall a Parliamentarian because he is not performing.
In respect of the first
issue, political recall, in terms of our Constitution as we have
it now, there is a provision which allows the leader of a political
party to approach the Speaker of Parliament and say to him "We
had Mr X who was appointed on our ticket, but who no longer shares
the same principles as ourselves. Thus, Mr X can no longer be a
Parliamentarian with us."- and then you go back to the people.
The unfortunate thing
about this is that it imposes the power of recall on the leader
of a political party - and not on the people. What I would
want to see in a Constitution is where the power to recall does
not rest in the leader of a political party, but in the electorate
instead. That power I think can be included in a Constitution by
demanding that if a Member of Parliament crosses the floor, we must
go back to the electorate in that constituency which put him in
power.
In Tsholotsho, we had
an independent Member of Parliament, Professor Jonathan Moyo, who,
without any consultation of his constituency, joined Zanu PF. I
have no problem with him doing this, but I think in all fairness
if you do that then you have to go back to your constituency and
let the electorate say whether they are happy with your changed
position. They would have voted you into power because you espoused
certain policies. When you change, then that change must be endorsed
by the people.
The other recall is when
you say a Member of Parliament is incompetent. It is good to talk
about this. But I think it would be very difficult to introduce
an acceptable objective standard as to how incompetent a member
would be before his recall. For example, do you think a member is
incompetent because he has been unable to buy books for the schools
in his constituency? Because he hasn't provided medical supplies
for his constituency? One has to look at a host of factors to determine
whether that particular person needs to be recalled. I see a difficulty
in recalling a Member of Parliament in these circumstances, because
it would be difficult to have an objective standard as to how a
Member of Parliament is to perform.
Listen - English
Listen - Shona
Listen - Ndebele
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fact
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Audio File
- Answer
1 - English - Land tenure
Summary:
Language: English
Duration: 3min 42sec
Date: May 05, 2010
File Type: MP3
Size: 3.38MB
- Answer
1 - Shona - Land tenure
Summary:
Language: Shona
Duration: 3min 25sec
Date: May 05, 2010
File Type: MP3
Size: 3.12MB
- Answer
1 - Ndebele - Land tenure
Summary:
Language: Ndebele
Duration: 1min 52sec
Date: May 05, 2010
File Type: MP3
Size: 1.71MB
- Answer
2 - English - COPAC
Summary:
Language: English
Duration: 2min 34sec
Date: May 05, 2010
File Type: MP3
Size: 2.35MB
- Answer
2 - Shona - COPAC
Summary:
Language: Shona
Duration: 1min 59sec
Date: May 05, 2010
File Type: MP3
Size: 1.82MB
- Answer
2 - Ndebele - COPAC
Summary:
Language: Ndebele
Duration: 1min 05sec
Date: May 05, 2010
File Type: MP3
Size: 1MB
- Answer
3 - English - Violence & Intimidation
Summary:
Language: English
Duration: 2min 34sec
Date: May 05, 2010
File Type: MP3
Size: 2.34MB
- Answer
3 - Shona - Violence & Intimidation
Summary:
Language: Shona
Duration: 3min 17sec
Date: May 05, 2010
File Type: MP3
Size: 3.01MB
- Answer
3 - Ndebele - Violence & Intimidation
Summary:
Language: Ndebele
Duration: 1min 37sec
Date: May 05, 2010
File Type: MP3
Size: 1.49MB
- Answer
4 - English - Executive Branch
Summary:
Language: English
Duration: 3min 47sec
Date: May 05, 2010
File Type: MP3
Size: 3.46MB
- Answer
4 - Shona - Executive Branch
Summary:
Language: Shona
Duration: 4min 13sec
Date: May 05, 2010
File Type: MP3
Size: 3.87MB
- Answer
4 - Ndebele - Executive Branch
Summary:
Language: Ndebele
Duration: 2min 28sec
Date: May 05, 2010
File Type: MP3
Size: 2.26MB
- Answer
5 - English - MP Accountability & Recall
Summary:
Language: English
Duration: 3min 59sec
Date: May 05, 2010
File Type: MP3
Size: 3.65MB
- Answer
5 - Shona - MP Accountability & Recall
Summary:
Language: Shona
Duration: 4min 01sec
Date: May 05, 2010
File Type: MP3
Size: 3.69MB
- Answer
5 - Ndebele - MP Accountability & Recall
Summary:
Language: Ndebele
Duration: 1min 55sec
Date: May 05, 2010
File Type: MP3
Size: 1.75MB
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