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Milestones towards a new constitution for Zimbabwe
The Constitutional Select Committee (COPAC)
April 01, 2012

Background

The current Constitution for Zimbabwe is a product of a compromise agreement reached at the Lancaster House Conference in 1979 between the outgoing colonial government and the incoming nationalist government at the end of the war of liberation.

The current Constitution is widely regarded as inadequate and has many shortcomings that need to be addressed. The shortcomings in the Constitution are apparent despite it being amended a record 19 times.

Zimbabweans are in the historic process of drafting a new Constitution. The process is being carried out as one of the major deliverables of the Global Political Agreement (GPA) which was signed on 15 September 2008.

Article VI of the GPA sets out on broad framework to be followed in the Constitution making process. It also prescribes the different stages to be followed in coming up with a people driven constitution. Following are the milestones that have been and are to be achieved in coming up with a new constitution for Zimbabwe.

Milestones

1. The signing of the GPA

The first major landmark in the constitution making process was the signing of the GPA in September 2008. it set out the foundation for drafting a new constitution for Zimbabwe, requiring the process to be people-driven, people-owned, inclusive and democratic.

2. Appointment of the Parliamentary Constitution Select Committee

In April 2009, the Parliamentary Constitution Select Committee (COPAC) was appointed to spearhead the process of coming with a new constitution for Zimbabwe. It is representative of the composition of parliament, that is three main political parties that form the GPA- ZANU (PF), MDC-T and MDC and a chief. A Secretariat was also put in place to support the work of COPAC.

3. The First All Stakeholder's Conference

In July 2009, COPAC convened the First All Stakeholder's Conference. The conference brought together representatives of civil society organisations, political parties and other groups for the purpose of deciding how civil society would participate in the process and identifying issues that should be covered in the new constitution. A total of 17 thematic areas to be covered by the new Constitution were agreed upon. The following thematic areas were agreed:

• Founding Principles
• Arms of State
• Systems of Government
• Citizenship and Bill of Rights
• Women and Gender Issues
• Youth
• Disabled/disability
• Media
• War Veterans
• Land, Natural Resources and Empowerment
• Labour
• Elections, Transitional Mechanisms and Independent Commissions
• Executive Organs of the State (Public Service, Police Defence, Prison Commission)
• Public Finance
• Traditional Institutions and Customs
• Religion
• Languages and Culture

COPAC developed 26 talking points around the 17 thematic areas which were used to collect views from Zimbabweans on what should form the new Constitution.

4. Outreach Consultation

Public consultation to gather the views of Zimbabweans started in June 2012 and were concluded in October 2010. a total of 4 943 meetings were held in all 1 957 wards. The outreach process was managed by 70 outreach teams with a average of 14 members in a team. 70% of the outreach team members were from civil society while 30% were form political parties. COPAC also received data form 52 institutions, special meetings with parliamentarians, children and people living with disabilities. Zimbabweans living in the diaspora contributed their views through the website.

5. Data Uploading

The data uploading phase entailed converting data form hard copy into electronic format, filing all the data from the outreach process according to the different formats (hard copy, electronic, video, audio). This process also ensured that tight security was put in place to ensure views gathered from Zimbabweans were not tempered with.

6. The Sitting of Thematic Committees

The Sitting of Thematic Committees commenced on the 3rd of May 2011. The process entailed compiling and organizing data which was gathered during the outreach consultation as well as written and website submissions. The Thematic Committees were responsible for identifying common issues and classifying views submitted. They operated under guidance form the Select Committee.

In line with the spirit of inclusivity, representatives of political parties, civil society and chiefs formed the teams that worked on the Thematic Committees. Of these, 70% were form civil society while 30% were form political parties. Each of the Thematic Committees was supported by a researcher, a data analyst and an expert in constitutional affairs.

7. Drafting of the new Constitution

Three Principal Drafter assisted by 17 technical experts under the instructions of the Select Committee are drafting the new constitution. Instructions to the drafters derive from the views received in the outreach process.

8. The Second All Stakeholder's Conference

Once the draft Constitution is in place, it shall be tabled to a Second All Stakeholder's conference. The Conference will bring together representatives of different stakeholders to review and make recommendations on the draft Constitution.

9. Draft Constitution debated in Parliament

After the Second All Stakeholder's Conference, the Parliamentary Select Committee shall report to Parliament on its recommendations over the content of the new Constitution for Zimbabwe, part of which shall be the draft constitution.

10. The Referendum

The draft Constitution recommended by the Select Committee shall be submitted to a referendum. This is when Zimbabweans will decide as to where they want the new Constitution or not. The referendum will be coordinated by the Zimbabwe Electoral Commission (ZEC). If the referendum approves the draft Constitution, it will be referred to parliament for enactment into the new Constitution.

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