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Zanu PF can't give us new constitution
Joram Nyathi
February 10, 2006

http://www.theindependent.co.zw/news/2006/February/Friday10/4161.html

AM excited that debate on a new constitution for Zimbabwe is being revived. But only so excited as one who has voted in all past parliamentary and presidential elections since 1980 can be. As one who has witnessed people's hopes raised and dashed by elections that, to use that fatalistic expression, "produce predetermined outcomes". But I am excited nonetheless.

Deputy speaker of parliament, Kumbirai Kangai, reportedly told delegates to a Centre for Peace Initiatives in Africa workshop in Mutare recently that government was working to restart the process abandoned in 2000 after the rejection of the draft constitution. He was responding to queries from National Constitutional Assembly chairman Lovemore Madhuku who, with characteristic belligerency, told him people were getting impatient for a new constitution.

"We cannot continue talking about a way forward when we know the way forward is to change the constitution," said Madhuku. He said it was vital to have a new constitution before President Mugabe leaves office in either 2008 or 2010.

The material push-factors for a new constitution in 2000 have refused to go away. The economic and political crisis has worsened. Unemployment then was estimated at 50% while now it is close to 80%. Even back then, the Central Statistical Office reported that 76% of the population was living in dire poverty "even by regional standards".

The fuel situation has deteriorated against all promises by Mugabe to tackle it. While petrol cost less than $1 000 when available, it now costs $140 000 per litre.

In short, the standard of living has become unbearable. Add to this the ravages of Operation Murambatsvina, and you would think the opposition MDC and civic organisations had their job cut and dry.

But no, the balance of political power has turned for the worse.

Mugabe went into the constitutional referendum just to keep the population busy and for him to appear to be in charge. Pressure from the coalition of civic groups spearheaded by the National Constitutional Assembly and the MDC posed a great political challenge. He brandished free land as the last trump card to buy himself a new shelf-life.

Now the threat posed by the NCA and the Zimbabwe Congress of Trade Unions is all but gone. The MDC is imploding and Mugabe can only marvel at this good turn of fortune.

The country's security laws provide an unassailable bulwark for the opposition. In fact, in an inexplicable way, time has taken care of all threats to Mugabe without him delivering on the pledges of Independence.

After losing the February 2000 referendum, Mugabe said he would respect the will of the people. A prescient Zanu PF spokesperson remarked then: "He shall rule this country for as long as he likes." Mugabe would not have more readily believed that oracular pronouncement then as now.

One of the reasons the draft constitution was rejected was that it was tampered with to give Mugabe more executive powers when people had said they wanted a ceremonial president and a prime minister. Mugabe also wanted personal immunity from prosecution for crimes committed while in office. All that is almost assured now.

The biggest challenge remains what to do with an inexorably crumbling economy. Nepotism and corruption have become national pandemics, forcing the setting up of the Ministry for Anti-Corruption.

But the way forward is clear: Zimbabweans must demand, not beg for, a new constitution. It is inconceivable that a government that is responsible for this parlous state should set the agenda for a new constitution. It amounts to usurping sovereignty from the people and setting itself above the law.

Moreover, to imagine Zanu PF proposing a democratic constitution is to dream of Mugabe legislating himself out of power. It defies logic.

Our problems are compounded by a parliament that instead of operating as one of the pillars of the state and leading the debate on a new constitution, now functions as a subsidiary, or even an extension, of the executive. The opposition has failed to capitalise on Zanu PF's policy bankruptcy. It has failed to capitalise on the people's anger and hunger and appears only ferocious when fighting itself.

"The great tragedy of Zimbabwe is the unpreparedness in the minds and attitudes of many to accept the existence of political, social and religious pluralism in our society," said Professor Walter Kamba at the Mutare meeting.

"This attitude generates resistance or opposition even in respect of issues on which agreement would be easily arrived at," he said.

We can only hope that the people of Zimbabwe will take the constitutional debate seriously and with maturity. Madhuku is right that we need a new constitution before Mugabe leaves office. We cannot again entrust the future of this nation to the benevolence of a political leader without the necessary checks and balances that democracy needs to thrive.

*Joram Nyathi is Deputy Editor of The Zimbabwe Independent. He can be contacted at joram@zimind.mweb.co.zw

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