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New Constitution-making process - Index of articles
All-stakeholders' conference a drab affair
Herbert
Moyo, The Independent (Zimbabwe)
October 26, 2012
http://www.theindependent.co.zw/2012/10/26/all-stakeholders-conference-a-drab-affair/
The troubled
constitution-making
process took only a stuttering step forward this week after
the Second All-Stakeholders' Conference which brought together
a motley mix of legislators, party delegates and role players from
various civil society organisations - who were mere window-dressers
- met supposedly to review the controversial draft constitution
produced by Copac in July.
The conference
rode out the threats posed by an eleventh hour Supreme Court challenge
seeking to block the process, botched logistics which saw many delegates
including MPs stranded for accommodation on the eve of the meeting,
incomplete printing of key materials and fears of inter-party violence
akin to that which rocked the First All-Stakeholders' Conference
in 2009.
In the absence
of meaningful progress made in breaking the impasse over the draft
constitution, the conference might well be best remembered for President
Robert Mugabe's caveat warning delegates - in a brazen
display on his authoritarian disposition - that principals,
not Copac and the people, would have the final say in the constitution-making
process.
"The principals
are the ones who caused this exercise," said Mugabe. "I
am saying this because sometimes Parliament
thinks that it is full of sovereignty that it should control the
acts of the principals, hazviite (it's impossible)!"
Mugabe also
hurled brickbats at Copac co-chairpersons Douglas Mwonzora and Paul
Mangwana, accusing them of becoming big-headed over the constitution-making
process, saying "sometimes people fail to know where power
is derived from".
Mugabe's
determined bid to hijack the process proved to be something of a
highlight for a conference which lacked the anticipated high drama
and fireworks among delegates of such diverse interests. Zanu PF
delegates were particularly monotonous as they read from prepared
scripts designed to force through the politburo's unilateral
amendments of the draft.
The conference
was uneventful, save for the clash between former Reserve Bank governor
Gideon Gono advisor Munyaradzi Kereke's fierce altercation
with businessman and Zanu PF delegate Temba Mliswa over personal
issues unrelated to the meeting.
Mliswa further
dramatised the scene when he grabbed a Copac video camera and took
off footage before dashing away after taking exception to being
filmed blaming his party for failing to coach its delegates, while
chiefs reportedly exchanged harsh words with MDC-T officials over
the committee deliberations.
Apart from these
incidents, proceedings mostly settled into a droning routine with
delegates going into sub-committees to hear views on each thematic
chapter of the draft constitution.
These largely
turned out to be talk-shops as delegates were stripped of decision-making
powers, let alone the mandate to debate contentious issues retarding
progress in the exercise.
In the sub-committee
on provincial government for instance, the deeply-divisive issue
of devolution of power failed to spark heated discussion as expected
because delegates simply re-affirmed their parties' predetermined
positions.
This format
was calculated to enable principals to come and impose their views
as a solution later.
Such was the
farce and rigidity of proceedings that the delegates from the MDC
formations did not even bother suggest any amendments, but simply
endorsed the clauses in the draft despite previously promising to
push for changes to what they claimed to be a watered-down form
of devolution.
Equally their
Zanu PF counterparts only objected to the use of the term devolution,
suggesting it be replaced with "decentralisation".
The three sub-committee
co-chairs July Moyo (Zanu PF), Tabitha Khumalo (MDC-T) and Qhubani
Moyo (MDC) whipped their supporters into line telling them they
would not entertain anybody repeating a contribution once a view
had been submitted in favour or against a clause.
The dreary sub-committee
deliberations were only occasionally livened up by theatrical MPs
looking forward to monetary benefits from allowances which were
to be paid out during sessions.
When he was
not clowning around, youthful MDC-T MP Thamsanqa Mahlangu (Nkulumane
constituency) would be asking when the allowances were coming. He
was finally whipped into line by a senior member of his party who
warned he was out of order and threatened to eject him.
One MP who requested
anonymity said: "Delegates simply came to collect their allowances
which are why Ncube's MDC, which boycotted the opening session,
turned up for the sub-committees so that they would not miss out
on the stipends."
The National
Constitutional Assembly's Blessing Vava said it has now become
clear the process would be dominated by political parties, particularly
Mugabe's Zanu PF. "One thing we should bear in mind
is that from the onset the process is driven by the political parties,"
he said.
Despite stories
of collusion among principals, Mugabe's speech was in stark
contrast to that of Tsvangirai who described the conference as an
important milestone towards a new constitution, and suggested he
was placing his faith in or appealing to Sadc - whose reference
was peppered all over his speech - to rein in Mugabe should
he attempt to derail the process.
But Tsvangirai
has up to now failed to solidly respond to Mugabe's claims
afterwards the principals ultimately hold sway in the constitution-making
exercise.
However, Tsvangirai
publicly said principals would only play supervisory, not having
a final say role as Mugabe suggested. In the end, the Second All-Stakeholders'
Conference was neither the great "leap forward" nor
a "historic occasion" as widely anticipated by some
but a damp squib.
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