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adopt draft constitution framework
Faith Zaba, The Independent (Zimbabwe)
The three coalition
government partners, Zanu PF and the two MDC formations, have
adopted a preliminary draft constitutional framework that can be
used in drafting
the country's new supreme law. According to co-chairperson
of the Constitution Select Committee (Copac) Munyaradzi Paul Mangwana,
Zanu PF came up with the framework and the MDC formations adopted
it with improvements at a meeting held on Monday.
framework was adopted on Monday by the select committee,"
said Mangwana. "Guided by views that came out of the outreach
meetings, we focused on the elements of what came out. Now that
the framework is done, we will look at the principles which will
be allocated to various chapters at a workshop next week. When we
have agreed on the framework, we will give it to the drafters,"
co-chairperson of Copac Douglas Mwonzora said the Zanu PF document
was rejected at Monday's meeting but they had still managed
to come up with a preliminary draft framework.
(Zanu PF) document was rejected and a proper framework was debated
and adopted," said Mwonzora. "It was rejected on the
basis that it did not relate to what came out from the people,"
Independent is in possession of the adopted preliminary draft framework
and the document Zanu PF presented to Copac, as well as another
Zanu PF document outlining its position on certain issues.
While Zanu PF
is pushing for a provision prohibiting homosexuality and same sex
marriage, Copac officials who attended the meeting said that position
a non-issue and it will not be included in the constitution,"
said a Copac official. "There is no need to put it as a provision
because it is generally unacceptable in Zimbabwe."
Part of the
Zanu PF document reads: "No to homosexuality and same sex
marriages. The dominant view is that this practice must not be allowed
and consequently is derogation from the Bill of Rights."
Other sections excluded in the final framework that Zanu PF wanted
to stand as chapter headings were the land issue and indigenisation
and economic empowerment.
Under Chapter V of the Zanu PF document titled Land, Environment
and Natural Resources, land should belong to the state and land
reform should continue until all colonial injustices concerning
land were removed. It also said no title deeds should be issued
for agricultural land.
It suggested that there be 99-year leases on agricultural land,
equitable distribution of land, a land commission and no to multiple
and economic empowerment, the document said there should be affirmative
action and indigenisation and empowerment of local communities.
The Zanu PF
draft framework also suggested that there be an executive president
and two vice presidents - a matter which is still under debate.
system and process, the party's dominant view favoured a hybrid
system comprising first past-the-post system as well as proportional
that the number of constituencies remain at 210 and 93 senators.
who appoints the judiciary, the document said it should be independent
and their appointment be approved by senate.
It said the predominant view was that Zimbabwe is a unitary state
with devolved power to provinces and local governments.
A note on devolution
read: "The dominant view is that provincial councils and local
governments should have sufficient devolved power to enable them
to engage in development within their areas of jurisdiction. In
particular, provincial governors should have budgets independent
of ministries of national government which enable them to fund provincial
development programmes and facilitate easy access to services."
agreed preliminary draft framework has included a provision for
a national prosecuting authority and chapters that deal with the
intelligence service and a national security council.
preliminary framework, there will now be a provision that deals
with the intelligence service and the National Security Council
so that we deal with Joint Operations Command (Joc)," said
a Copac official.
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