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New Constitution very clear but in bad hands
Movement for Democratic Change (MDC-T)
November 28, 2013

The MDC’s position on the new Constitution is that the charter is clear that any law, conduct or practice that is not consistent with it is null and void.

That means that the inconsistent laws became null and void the very minute that the Constitution came into operation. Therefore, those government ministries and departments who are administering old laws that are inconsistent with the constitution are administering illegalities and in most cases are operating illegally.

The duty of the Constitution drafters is to prescribe what is constitutional and what is not constitutional. It is not to assume the role of Parliament and change the inconsistent laws.

There was no need to put in place timelines for the amendment of laws inconsistent with the Constitution because these laws fell away automatically the minute the new Constitution came into operation anyway.

The new Constitution is not vague as some critics say. Contrary it is very clear. Zimbabweans, however, ought to appreciate that the coming into effect of a good Constitution does not guarantee good constitutional practice by the State and its agents. In Zimbabwe, we have a typical situation where a good Constitution is in the bad hands of a Zanu-PF government that is in office illegally.

The MDC maintains that as long as we have an irresponsible and illegitimate government, our people will not fully enjoy the benefits of this Constitution.

We must intensify our struggle for the total removal of the Zanu-PF dictatorship. In most cases are operating illegally. The duty of constitution drafters is to prescribe what is constitutional and what is not constitutional. It is not to assume the role of parliament and change the inconsistent laws. There was no need to put timelines for amendment of laws inconsistent with the constitution because those laws fell away automatically the minute the constitution came into operation anyway. Our constitution is not as vague as some new critics say. To the contrary it is very clear.

Zimbabweans however, ought to appreciate that the coming into effect of a good constitution does not guarantee good constitutional practice by the state and its agents. In Zimbabwe we have a typical situation where a good constitution is in bad hands. As long as we have an irresponsible and illegitimate government, our people will not fully enjoy the benefits of this constitution. We must intensify our struggle for the total removal of the Zanu-PF dictatorship.

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