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This article participates on the following special index pages:

  • New Constitution-making process - Index of articles


  • Second all stakeholders- conference can be a national death-trap
    Zisunko Ndlovu
    November 19, 2012

    According to the Copac timeline, which started with the formulation of Copac itself as a body, whose formation marshaled in the adoption of outreach sessions that sought to gather people-s views to create what Copac termed a pave way to the creation of an inclusive/ people driven constitution, the phase, which will be followed by a referendum signals a near end.

    As procedure demanded, an approximation of Zimbabweans who before the August 2012 national census- statistical computation was at 12, 7 (as per the 2002 census) had to input their views in an unanimous ward to ward outreach sessions to outdo the Lancaster House constitution of December 1979.

    It can be assumed however that the current draft constitution presented to the political parties in the GPA and the generality of Zimbabweans has hit past its target.

    Lovemore Madhuku, Zimbabwe-s only acclaimed constitutional law expert has at one point after his considerable scrutiny of the 164 page warned the country and the negotiators to the constitution making process to abort the constitution making process citing it would reach a dead end as it would not meet the anticipated democratic amendments to the loathed Lancaster House constitution of Ian Douglas Smith-s unilateral authorship. The process could not prove to circumvent Smith-s rule book.

    From the other corner, Professor Jonathan Moyo, a staunch political activist who backs and acts a media aid in the revolutionary ZANU PF was also heard complaining of the same 17 July 2012 Copac document produced as a mere copy and paste work that fairly could least be instrumental in serving as a development benchmark to Zimbabwe-s national triumph.

    In a recent interview with a Zimbabwean Minister from Tsvangirai-s Movement for Democratic Change, Mr. Joel Joe Gabbuza, who is the Minister of Public works had his revelations that the whole constitution process rode on a wrong train altogether.

    "A wrong method was used in the constitution making process. How do you expect 12, 7 million people to come up with a 164 page document? If it was me, I would have said, here is the current constitution we have before any amendment, make it common to people, identify critical issues in that constitution and look for a set of constitutional experts who could then work on the pressing issues that are raised from there. In as much as we might say the constitution was all-inclusive, a greater number of Zimbabweans do not know the current constitution that we use. How do you expect people to 'amend- a constitution they do not know?" he said.

    Mr. Gabbuza, like all the other ministers and civil society groups believe there was no much awareness prior to the indulgence in the constitution making process. It only becomes clear now that the process is over after it had it come and gone. The process is widely blamed for omission and for an adoption of uncommon extra-terrestrial philosophies. There was an omission of a lot of seriously critical procedures and so the draft Copac constitution can never be called more than an output of national compromise whose ripple effects are not yet scaled.

    Making farewell statements at a media roundtable that marked the final station of his diplomatic mission in Zimbabwe; Ambassador Charles Ray closed doors with a message that structured the standing of coalition governments and their observed contribution in the settling of political waves. Ambassador Ray made it his clear point that coalition governments have never worked in the history of sane politics.

    Because this can be viewed as an individual conscience statement syphoned from that basic essence of human nature which stand to be corrected, there are evidently traits of a failing government of national unity as has been seen in the parties present in this government of national foolery.

    Hauled into retrospect by the capricious nature of the parties in the negotiating house, who at one time moved the motion of acceptance to the draft constitution provisions, and the next minute, giving an utter reprimand leaves people with a lot of questions than answers. Was the document ripe for the second all stakeholders- conference? Are people fooled into creating a political charter instead of a national governance constitution?

    One then again asks, "Is the ZANU PF-s comrade Patrick Chinamasa constitutionally daft, or is Douglas Mwonzora, Munyaradzi Paul Mangwana, Edward Mkhosi and the entire money laundering crew in the Copac project, constitutional wiseacres. What a blackmail?

    Of concern is the displayed failure to publish the National Statistical Report (NSR). Although the report could not have a necessary thew to polarize the grave constitutional whirlwind. Many believed it could have helped in displaying the 'gathered- views with utmost sincerity. It is an astonishing fact that the contentious NSR was only forcibly published in the Copac website a day before the commencement of the constitutional indaba after the intervention of the High Court.

    As I force myself to reckon the country-s highly preached about literacy rate, I pity a mother in Binga who only cannot get access to the internet, but is not aware even of the existence of Copac, who only hope her voice will be robbed into the document by God-s grace.

    There was a tense atmosphere that prevailed after the announcement of the accreditation of delegates to the second all stakeholder meeting which was perceived as an attraction towards a death-trap and the creation of a politically negotiated constitution rather than a people driven constitution which reflects the freedoms and a drive-way to a progressive country. Marginalization reigns.

    A lot of issues, it looks like, permeated through the negotiation platform, leaving grey areas of gross lack.

    The total neglect of devolution of power could be more disastrous even after the legacy of this newly negotiated construct.

    According to a published news offering in the Newsday of October 18, 2012, one negotiator in the project, Mr. Munyaradzi Paul Mangwana himself had said he refused dual citizenship, whittling down of the President-s executive powers, the rights of war veterans, devolution and many other issues before Goche and Chinamasa "caved in". He was fuming in self-defense to claims that he 'sold out- in the process and was ranked worse than Morris Nyathi, who is believed to be a traitor who marshaled Rhodesian troops in the brutal pre-independence massacres at Nyadzonia in Mozambique in1976.

    The power of a quest for devolution is evident in the dissection of an electoral base for Jonathan Moyo-s ZANU PF whose ever dwindling support becomes a shacking ground in Matabeleland. Unbeknown, Tsvangirai tossed this fortune through his matrimonial rough rides that created superlative media scenery and an electoral awe.

    The ultimate meaning of the second all stakeholders meeting continued to be a national scare. As obviously obscure to the 70%comprising rural population, the draft is viewed as a metropolitan farce. Its inclusivity a strong inquest seeking mandacy. The draft still does not stand as a defense document for the poor in the rural areas. It is silent on their aspirations.

    Even Ian Douglas Smith-s Unilateral Declaration of Independence fell far from acceptance for primarily its "unilateralism" and exclusion of people-s democratic choice. For this, he has been referred to as a demon, a reactionary whose intransigence long delayed majority rule in an important corner of Africa. However, unless the constitution process is restrained from being fast-pedaled through processes to the end. It will always be an autocratic missile for the country-s demise.

    People feel there is /was more time needed to explore the hullabaloo of this negotiated constitutional lie. The question is, who owns the constitution?

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