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New Constitution-making process - Index of articles
"Kariba
Draft was just a stop-gap measure" - Biti
Community Radio
Harare (CORAH)
August 05, 2009
The Kariba
Draft that was agreed by the country's three main political
parties was produced as a stop-gap measure in order to mitigate
against many political problems that were facing Zimbabwe at that
time, says Tendai Biti who is the MDC-T Secretary General and one
of the three people who drafted this controversial document.
Speaking at a public
meeting held in Harare last night, Biti said the Kariba Draft was
signed in 2007 in order to ensure that the 2008 Harmonised Elections
were held under a new constitution and thereafter a thorough people-driven
constitution building process would follow.
"The draft constitution
that we negotiated at Kariba was not intended to be the permanent
national constitution but a temporary document that would create
an environment necessary for the holding of free and fair elections.
We should remember that Zimbabweans were concerned about the manner
in which previous elections had been held and how election results
had been manipulated by ZANU (PF). So, we had agreed that the Kariba
Draft would be adopted and then elections held and after that there
would be a people-driven constitution making process.
"We never
agreed with ZANU (PF) that the current constitution making process
would be based on the Kariba Draft. This document is the one that
was later referred to when Constitutional
Amendments number 18 and 19
were later made," Biti said.
Biti's comments
come in the wake of President Mugabe and his party's insistence
that the current constitutional reform process should be anchored
on Kariba Draft because this was agreed by all political parties
in the GPA. This has thrown the current process into confusion as
ordinary people are not aware which root the whole process is taking.
Last week, there
were adverts in the media that suggested the new constitution would
be affixed on the Kariba Draft. Titled, The Place and Role of the
Kariba Draft Constitution in the Global
Political Agreement, the advert said "parties to the GPA
agreed that the Select Committee would use the Kariba Draft to gauge
which provisions were acceptable or not acceptable to the people
of Zimbabwe who would be accorded unrestricted rights to accept
or rejects any provisions in it."
But yesterday the co-chairperson
of the Parliamentary Select Committee on the new constitution, Douglas
Mwonzora told civil society activists and journalists that the secretive
Kariba Draft would be used just like any other drafts in the country.
"We will not use the Kariba Draft as the sole reference point
but will use all the available drafts in the country. If Zimbabweans
say they want the Bill of Rights as said in the Kariba Draft or
want the Bill of Rights as enshrined in the NCA Draft, we will allow
them to choose what they want from many such drafts that we have
in the country," insisted Mwonzora.
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