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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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