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NCA position on the contents of COPAC's first draft constitution
National Constitutional Assembly (NCA)
February 13, 2012

The National Constitutional Assembly (NCA) is not surprised by the contents of COPAC`s First Draft Constitution. The Draft is the Kariba Draft on a COPAC letterhead. As long as the constitution-making process remains exclusively in the hands of the three political parties in the GPA, Zimbabweans must not expect a miracle: the result will be a Kariba Draft vesting all powers in an Executive President and not doing enough in the area of social and economic rights. This is what we have seen in COPAC`s First Draft.

As NCA we are entirely aware that COPAC is claiming to be working on this First Draft until it produces its final Draft but this is an exercise of cheating the public and making money for the politicians involved. The final Draft will remain the Kariba Draft! COPAC will merely add the word "Final" to the Draft. For COPAC to write the word "FINAL", millions of United States dollars will have to be paid to its members. The Inclusive Government has all these millions of dollars to give COPAC but has no money for food, clean water, electricity, medicines and education for the poor. It has no money for job creation but pays politicians to spend three years to produce a document which was already written before they were elected.

The arrogance being shown by the Inclusive Government in almost all aspects is shocking and a complete demonstration of a failed state. On constitutional reform, it is proud to announce that "the new constitution will be negotiated" but still saying the process is "people-driven." A negotiated constitution is NOT a people-driven constitution. On the economy, it claims to have "stabilized the economy" when the lives of the majority of the people have not improved. What makes this arrogance most alarming is that some of our colleagues who used to be with us in the struggle for a genuine transformation of our society, now think that they have the power to short circuit our struggle. We will not allow them to do this.

In 2000, the NCA successfully mobilized Zimbabweans to vote NO against a Draft Constitution which concentrated all powers in the President. In 2007, the three political parties published their Kariba Draft, which, like the rejected 2000 Draft Constitution, concentrated all powers in the President. Once again, after almost three years of pretence, COPAC is producing a second version of the Kariba Draft with even more powers being given to an Executive President. Such a constitution is not acceptable and will be rejected by Zimbabweans in the referendum.

We have, over the years, developed a set of key principles to judge the goodness of a proposed Draft Constitution. One such key principle is that power must not be concentrated in the executive arm of government. An executive presidency is the surest way of undermining this principle. With an executive President given such a proud and secure place in the Kariba/Copac Draft, what new constitution are they talking about?

As NCA urges Zimbabweans not to be hoodwinked by ZANU (PF)`s claims that the COPAC Draft is taking away power from the President. This is a bargaining strategy! This is the same strategy they used to cheat the MDC into signing the GPA: at the time the GPA was being signed, ZANU(PF) cheated the MDC into believing that the GPA was a power sharing arrangement, yet at the time of implementation, it changed track and reminded everyone that the president was "head of state, head of government and commander-in-chief". With these three titles, the President in the GPA is doing everything, leaving the Prime Minister, a ceremonial senior Minister. The COPAC /KARIBA Draft is even not ashamed to proclaim in 6.2 that:

" The President is the Head of State and Government and Commander-in- Chief of the Defence Forces".

Is this not what ZANU (PF) has always preached? Which powers of the President have been taken away? The MDC does not seem to have learnt anything from its poor bargaining strategies in the GPA. Its representatives in COPAC think they are reducing the powers of the President by subjecting presidential appointments to "the approval of Parliament". The NCA asks this question: Is the formula of requiring the President to "consult" the Prime Minister working? The COPAC/Kariba Draft is repeating the same failed formula of the 2000 Draft. It was for this reason that the 2000 Draft was rejected in the referendum.

The NCA demands a new, democratic and people-driven constitution. This requires the setting up of an independent Constitutional Commission, working on an all inclusive and non-partisan basis. This can easily be done before the next election. The term of office of the Inclusive government ends in June 2013 and there is sufficient time for a democratic and people-driven constitution. An election under the current defective constitution is not acceptable. The COPAC/Kariba Draft is not different from the current constitution. Only a democratic and people-driven constitution will guarantee a free and fair election.

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