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Highlights of Bulawayo public meeting
Zimbabwe Election Support Network
August 29, 2012

ZESN in conjunction with the Zimbabwe Institute held a public meeting at the Small City Hall in Bulawayo on the 22nd of August 2012. The topic was: "The Structure of Government "The balance of power between the Executive and the Parliament". There were four speakers namely Godfrey Malaba (ZANU PF), Qhubani Moyo (MDC), Stephen Nkiwane (ZAPU) and Honourable Magalela Mafa Sibanda (MDC-T) and the moderator was Percy Mcijo.

The major highlights were as follows:

• Honourable Magalela Mafa Sibanda explained that the draft constitution was better when compared to the Lancaster House and Kariba Draft as it gives power to Parliament as outlined in Chapter 5.22 (1) where Parliament may, by resolution passed by at least two-thirds of its total membership at a joint sitting; pass a vote of no confidence in the Government. He highlighted that this would go a long way in removing absolute rule, by giving Parliament power. He also upheld the powers proposed to Parliament through the inclusion of the Bill of Rights which has to be sanctioned by the Parliamentary Legal Committee
• Qhubani Moyo highlighted that the draft constitution provides a strong balance of power between the executive and parliament as it clearly clarifies that the institutions of government are not party organs as highlighted in Section 6.4 (3) which says that for the purposes of subsection (2), all institutions and agencies of government at every level are accountable to Parliament. His proposal was that what is needed is to ensure that there is adequate balance on regional representation. He however showed his disappointment over the delay by ZANU PF in endorsing the draft constitution over what it terms "grey areas".
• Godfrey Malaba supported the view that the draft ensured a balance between the Executive and Parliament. He highlighted that there has been a cry about the Judiciary of Zimbabwe being politically biased, and he said the draft provided for a constitutional court which would ensure that issues are resolved fairly. He however cleared the air on why ZANU PF was delaying the process. He asserted that the GPA is a tripartite arrangement and the constitution is a process and therefore as a party within the GPA, they were allowed to discuss the constitution in their own fora and come back with a position. He also mentioned that it was wrong to say that ZANU PF was derailing the process as it is well known to be on the record of calling for elections as soon as the Constitution reform process is finalised.
• Stephen Nkiwane from ZAPU argued that the draft did not adequately deal with the balance of power between the executive and parliament as the cabinet is still being selected by the President and continue to be accountable to the President and not to Parliament. He dismissed the provision in the draft which says that (1) Parliament may, by resolution passed by at least two-thirds of its total membership at a joint sitting, pass a vote of no confidence in the Government. He said this is a decorative issue in the Constitution, as this requires actual rebellion by both members of the houses constituting two thirds majority against their president and this is unlikely. He lamented the exclusion of smaller parties in the process of drafting the constitution.

The public raised the issue that the language used in the draft was very legal, to such an extent that some of the things were not very clear to an ordinary person. On the whole the public said that ZANU PF should stop derailing the Constitution making process by putting across what they term 'grey issues' after they were part of the COPAC process.

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