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Copac draft constitution, election roadmap and free and fair elections in Zimbabwe
Terence Chimhavi
September 20, 2012

http://terichitapi.blogspot.com/2012/09/copac-draft-constitution-election.html

The buzz talk these days seems to be all about the draft constitution produced by Copac and the current tug-of-war between the parties on what will constitute the final draft to be taken to the second all-stakeholders conference and later to be debated in parliament. This is of course aside the Prime Minister-s marriage fiasco which has and continues to be over-sensationalized as if the country has no other urgent and important business to deal with. As has been the norm even before the signing of the GPA in September of 2008, there is constant bickering between Zanu PF, MDC-T and MDC-N, formerly MDC-M. In the run-up to the most recent SADC summit both the PM Morgan Tsvangirai and Welshman Ncube declared a dead-lock on the constitution and were clamoring for SADC intervention, while Zanu PF was also insisting that unless and until there is consensus, the process will come to a halt. While there seems to be movement now with the principals agreeing to take the 18 July Copac draft alongside the National Report to the second all-stakeholders conference, it remains to be seen whether anything positive will come out of the planned second all-stakeholders conference, given the likely jostling for constitutional clauses favorable to each of the parties.

What is clear though from the constitution debacle in relation to its position in the matrix of the parent GPA is that no draft will be presented for a referendum before all the parties agree to its final content. And that is primarily why the facilitation team from South Africa was in the country, albeit prematurely to meet with the parties- negotiators - to facilitate negotiations, break the impasse and ensure that the parties present a single document to the referendum which they will all back. Such is the simple matrix of the GPA. Unfortunately, as expected, theirs was a futile attempt and now the SADC Troika is expected to deal with the constitutional impasse.

Zanu PF, as has been the norm continues to play truant to the process, knowing well and abusing the various loopholes in the GPA and in particular in Article VI. It is then regrettable that in trying to deceive the people of Zimbabwe, the two MDC formations hurriedly endorsed the first draft, knowing very well that for the draft to be presented to a referendum it has to be backed by all the parties in government. What with SADC recently admitting at its Heads of State summit of what they have termed 'few hitches- impeding the conclusion of the process. It is clear that we are going to have further negotiations among the parties and the current draft is by no means the final. It is this lack of conclusiveness on the part of SADC as a bloc and in particular the President of South Africa as facilitator that has given in to this seemingly unending debacle and in the process eroding their credibility and usefulness.

The existence today of this tri-partite inclusive government can be directly traced to the inconclusive June 2008 plebiscite. In their inconvenient marriage, the parties in government are all well aware of the fact that their government primarily exists to create an environment conducive for the holding of a free and fair election, one that will put to rest the sham that was June 27 2008, and hopefully usher in a new substantive government that is born out of the people, through their own free will.

In acknowledging the complexities that surround the holding of such a free and fair election, the parties in government, with the indulgence and guidance of SADC acknowledge the various impediments that may once again stall the realization of a free and fair election. At the SADC Summit of Heads of State and Government held in Windhoek on the 17th of August, 2010, it was resolved among other things that the inclusive government and the political parties should "find an interrupted path to free and fair elections and the removal of all impediments to the same". Having assigned their respective party negotiators, the parties debated and agreed on an election roadmap - and the issue of the conclusion of the constitutional reform, as led by Copac is just but one of eight issues captured within this roadmap.

It is interesting to note that while many politicians in our midst have been trying to convince the general public to support this 'unfinished- draft at the referendum and falsely claiming that it will guarantee free and fair elections, they have also been conspicuously silent on the roadmap and its other provisions. This is despite the fact that the roadmap itself captures some very fundamental issues, many of which are even more critical for the holding of a free and fair election than just the constitution alone. In an earlier article on my blog, I have tried to spell out why a new constitution alone will not guarantee our beautiful nation a free and fair plebiscite.

For me, one of the most fundamental issues contained in the roadmap is issue D on electoral reforms. Our recent electoral history, especially in 2008 will tell us that it is at the level of electoral reforms that meaningful gains can be made in terms of creating conditions to sustain a somewhat free and fair election. A total of six activities are contained under this section including the enactment of agreed electoral reforms, voter education, preparation of a new voters- roll and the staffing of ZEC among others. And it is clear that a constitution alone, even the Copac draft will not guarantee that this is done.

Another important issue raised in the roadmap is issue E on the rule of law and by its very own nature should be where the two MDC formations ought to be hammering on given that the break-down of the rule of law is one of the major reasons why we find ourselves as a country in the despicable state we are in. It is clear that state security organs such as the police, army and intelligence institutions are operating with utter disregard of the existence and context of the inclusive government. Even the attorney general and his entire office are clearly working to undermine the work of the inclusive government and ultimately the eventual conduct of a free and fair election.

According to the roadmap, the inclusive government principals agreed on 8 June 2010 that 'there will be meetings of the Principals with the Attorney General, Commissioner General of the Police, Heads of the other security and intelligence institutions to ensure full commitment to operate in a non-partisan manner consistent with the GPA-. This is in line with the parties- commitment to articles 11 and 13 of the GPA. However, over two years to this agreement, we are yet to hear of any meeting with any of the above people. In fact, the opposite has happened, as exemplified by the confusion caused by Brigadier-general Nyikayaramba in Copac and other army personnel in the recent census fiasco and the continued blatantly partisan actions of the attorney general.

It is abundantly clear that while constitutional reform is key to unlocking a democratic transition in the country, it would be equally foolhardy to ignore other issues that will in the short-term ensure the holding of a free and fair election. And the election roadmap agreed to with the indulgence of SADC in 2010 aptly captures some of the most pertinent issues that can indeed facilitate a nationally and internationally accepted election. The current log-jam in the constitutional reform process is a real threat to the holding of elections as prescribed through the GPA. This is so because for as long as the constitutional reform process remains inconclusive, we are unlikely to have elections in the country. However, given the fact that if any draft constitution is presented to a referendum, it faces two possible fates - acceptance or rejection - then it should be clear to all right thinking Zimbabweans that given such a scenario, there are other more pertinent issues that form part of the elections road-map that we ought as a country to clamor for their resolution and realization. This is not by any means to say that the constitutional reform process is not important. It remains vital to building and enhancing democracy in Zimbabwe and that is primarily why such an important national process ought to be led by other people outside politicians, who do not have obvious vested political interests as is the current case.

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