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This article participates on the following special index pages:
New Constitution-making process - Index of articles
MISA-Zimbabwe
& Quill Club brings Advocate Matinenga & Dr. Madhuku to
public discussion
MISA-Zimbabwe
June 04, 2009
In an electric environment
which saw the Harare Quill Club convening the highest attendance
to a public debate ever, the Press Club on 2 June 2009 brought together
two feuding distinguished guests to map the way forward on the constitutional
making process.
It was the first
time that Honourable Minister for Constitutional and Parliamentary
Affairs, Advocate Eric Matinenga and the National
Constitutional Assembly (NCA) chairperson Dr. Lovemore Madhuku
have engaged in the public forum. The two panelists led the discussion
under the topic: Contestations on the constitutional making process
- mapping the way forward.
In a heated debate,
the NCA chairperson Dr. Lovemore Madhuku outlined that his organisation's
position has remained consistent in that they want a process that
is not controlled by the government. The government's role
according to Dr. Madhuku is supposed to start and end at initiating
the process and it must detach itself afterwards to give the Constitutional
Commission some independency to execute its duties in canvassing
the people of Zimbabwe's opinions.
He insisted that the
current process is shrouded in secrecy as evidenced by the fact
that the people of Zimbabwe do not have a clue as to when the process
will start, when it will end, who will be at the stakeholders'
conference, let alone when it is convened, among others.
Madhuku made a eulogy,
that for the people of Zimbabwe to appreciate the NCA's position
they should compare how they aspire the Electoral Commission to
be constituted as the reflection of what the independent Constitutional
Commission has to be modeled like.
He argued that an average
Zimbabwean will definitely have a problem with the present day Zimbabwe
Electoral Commission (ZEC) because it is not independent from the
executive which compromises its functions.
In light of
such, Madhuku maintained that the current process will result in
the Constitutional Commission suffering the same fate as ZEC given
the fact that the three principals to the Global
Political Agreement (GPA) will retain the control of how the
commission executes its duties.
In response to the presentation
by Dr. Madhuku, Advocate Matinenga outlined that there is no single
model towards the attainment of a people driven constitution. He
insisted that all the dissenting voices on the process should appreciate
that Article 6 in the GPA, which outlines how the government will
lead the constitutional making process was reached under difficult
circumstances but the Ministry will continue with the consultations
to reach a common fit with all the stakeholders.
The Minister
hinted out that the government is in a process of translating the
current constitutional literature in the country, namely the current
constitution
Amendment 19, the NCA draft constitution and the draft constitution
which was rejected at the referendum into the country's three
main languages, as a process of reaching out to the people.
The Advocate called
upon the stakeholders to concentrate on the positives and work with
the government in reaching out to the people.
However journalists quizzed
the minister on whether or not the government was going to use the
Kariba Draft constitution in relation to the enunciation by President
Robert Mugabe that the document will be the starting point. The
Minister argued that the statements by President Mugabe were an
expression of personal views.
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