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Constitution: Public interest first
Zimbabwe Human Rights Association (ZimRights)
August 28, 2012

Zimbabwe Human Rights Association calls upon the political leadership to genuinely respect and consider public interests as primary in the on going constitution making process. Recent reports of a deadlock tempts to question if the process is truly meant to benefit Zimbabwe as whole or just a few political elites.

Not progress has been made in the last few weeks as Zanu PF allegedly proposed a new set of changes before the document is brought to the 2nd All Stakeholders Conference. Acknowledging the irregularities of the process from the beginning, the decision is shocking considering that the same former ruling party was represented at all the drafting stages. It is unconvincing for ZANU PF to attempt to dismiss the provision for the restructuring of the Attorney General's office because they are benefiting from the status quo; neither is it proper to block the establishment of a Constitutional Court and a National Peace and Reconciliation Commission for simple reasons that the existing arrangement serves the country better and that there is no basis or justification for the creation of additional commissions. The reasons are just subjective and visibly party positions not good for the generality of Zimbabweans.

The proposals are unwarranted and simply aimed at confusing the nation as well as pursuing political agendas. The contestations are mainly on areas that have the potential to halt the luxuries that some politicians used to enjoy at the expense of the public. ZimRights therefore calls for the objective analyses of the draft for the benefit of the nation and not individual political parties. We also appeal for SADC, through the Global Peace Agreement facilitator, to employ a serious stance to such undemocratic and selfish tendencies.

Having accepted the continuations of the process despite its irregularities, it is from such a background that we have bowed to Professor Andrew Arato's thinking that COPAC should work to achieve what is right, not necessarily what the people said in outreach meetings but what they would have said if they have understood the meaning, consequences and the side effects of their choices. This does not also mean that it should disregard what the respondents actually said but rather treat it along with other data including relevant party and civil society draft constitution proposals. It is also baseless to attempt to smuggle preconceived notions on the ticket of public sentiments when the national report has not been released.

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