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The draft Constitution: A test of the people's will
Zimbabwe Election Support Network
July 18, 2012

The Zimbabwe Election Support Network organized and conducted a public meeting at the Bulawayo Small City Hall with the topic: The Draft Constitution: "A test of the people's will". The speakers were: Mr. Joshua Mhambi MDC, Mr. Promise Mkwananzi MDC T, Mr. Stephen Nkiwane ZAPU, Mr. Effie Ncube and Miss Lindile Ndebele. The meeting attracted a number of participants who were very active and keen to articulate their views on the Draft Constitution.

Below are the major highlights made by the speakers.

Promise Mkwananzi (MDC-T)

In his address, Promise clarified on the position of MDC-T regarding the much talked about Devolution of power in Matabeleland, he said that the MDC-T believes in devolution of power that has provincial Governments led by elected Governors with executive powers (Provincial Assembly). He criticised the Draft Constitution for its silence on the issue of Devolution. He emphasized that MDC T wanted the provincial assembles to come up with provincial budgets. He further argued that devolution of power would result in improved service delivery on health, education and maximum utilization of provincial resources. He said Devolution of power must clarify on the percentages of how much the provinces must retain for provincial services delivery. He concluded by arguing that Devolution is premised on the true fundamentals that every province is entitled to some form of self governance.

Joshua Mhambi (MDC)

Just like Mr Promise Mkwananzi, he predicated most of his presentation on the issue of Devolution. He said that 6 out of 10 province wanted devolution in its totality in order to control their own resources. He made it clear that MDC has made it a point that it will fight for devolution of power. MDC argued that the masses wanted Devolution in the new constitution in order to;

• To bring to an end the continual marginalization of Matabeleland;
• Stop 'Shona' dominance in the region and promote equality; and
• Enable leaders to understand and realise that devolution does not mean cessation of power.
• Those who are against devolution are making a confirmation of marginalization and fighting democracy.

During the plenary Mhambi was asked on the possibility of the two MDCs uniting. He was quick to point out that unity was impossible considering the widening rift between the two MDCs in terms of their political ideology.

Advocate Stephen Nkiwane (ZAPU)

Nkiwane criticised the Inclusive Government for appearing to sideline the findings of the outreach process. Like the previous speakers he dwelt more on the devolution of power arguing that effective devolution of power is the panacea to problems in Matabeleland adding that there was overwhelming demand from constituencies demanding devolution of power and that has to be respected. Mr. Nkiwane said the draft constitution needed to include true separation of power and that provision should be made to ensure that those responsible for atrocities are punished. He added that societies will not accept a constitution that does not provide for free and fair elections. In his closing remarks he said, 'No devolution of power, No Constitution.'

Lindile Ndebele (Gender Activist)

Lindile made her presentation very clear by looking at what the Draft constitution has tried to provide for women and what it has failed to address. Below are some of the issues she raised:

• Human rights instruments were not automatically applicable to Zimbabwe
• No specific rights for children - the whole population treated as homogenous yet children have their specific rights
• Grounds of non discrimination still leaving grounds for discrimination during pregnancy
• Civil and political rights not exhaustive-which has exposed women to gender based violence (GBV)
• No enabling environment in place for women's participation; all is left to the parties to decide on how to incorporate women and given the violent nature of the elections and the non willingness by men to share power women are then excluded
• Constitution prohibits dual citizenship, married women are forced to renounce their citizenship if they marry foreigners and the same applies to women married to Zimbabweans they first have to renounce their citizenship in order to assume Zimbabwean citizenship which is diverse from International practice.

Effidlela Ncube (political analyst and MACRA Director)

Effie's arguments were wide and covered a number of issues raised in the draft constitution. Some of the key issues he raised included:

• The new constitution must guarantee professionalism and non-partisanship of the security forces.
• All languages in their various natures should be recognised.
• Devolution of power to ensure control of local resources.
• New constitution must ensure that traditional leaders are non-partisan
• True separation of powers must be guaranteed.

Conclusion

Most of the presentations and debates during the public meeting were on the issue of devolution of power. It emerged that most of the participants were for the idea of devolution at the same time calling for adequate reforms in order to ensure the holding of democratic elections and the respect of human rights. Some women noted that though there was an improvement in representation of women they expect the constitution to grant more freedoms and rights for women.

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