A constitution removed from the people
Zimbabwe Lawyers for Human Rights (ZLHR) recently launched their publication titled “Zimbabwe’s Constitutional Drafts – Comparison and Recommendations”. In the foreword ZHLR notes that constitution-making is not a new phenomenon in Zimbabwean history, and that since independence Zimbabwe has had one constitution and three major draft constitutions. During the launch, ZLHR Director, Irene Petras said her organisation hoped that those involved in the COPAC process would use the publication as well as the SADC Protocols as guidelines for the constitutional draft.
The publication reviews key provisions of the three major constitutional drafts and seeks to set out critical issues which should be addressed in any constitution under various thematic areas.
Guest of honour, Human Rights defender Beatrice Mtetwa, also noted that Constitution making has become a habit in Zimbabwe. She deplored the conditions in which the current process was taking place, and said that if a constitution did result it would only serve as a transitional document.
The COPAC process has been marred by reports of violence, intimidation and coaching. These charges are largely levelled at ZANU PF and some factions of war veterans. Despite the appearance of heavily influencing the views included, ZANU PF has increasingly distanced itself from the current process.
A Central Committee report tabled by President Robert Mugabe at the party’s conference in Bulawayo last year, resolved that “ZANU PF reserve[d] the right to dissociate itself from a draft constitution which seeks to undermine the cardinal goals of our national liberation struggle and our national culture and values.” It is likely that this decision was informed by a critique prepared for ZANU PF COPAC Co-Chairperson Munyaradzi Paul Mangwana by Goodwills Masimiremwa and Jacob Mudenda, both of whom are technical experts seconded by ZANU PF to oversee the Constitutional process. The critique was allegedly leaked to an online news publisher. Subsequently the first four chapters of the draft Constitution were leaked and published in the Herald.
The critique alleges that the Constitutional drafters are misdirected, and are drafting a constitution informed by their individual values, characterised by reference to constitutions of other countries they admired. Further, Masimiremwa and Mudenda state that the drafters have not been given the National Report to use as a reference, thus the draft does not accurately reflect the views canvassed during the outreach programme. The issues of contention include the rights given to LGBTI persons, abolishment of the death penalty, expanding citizenship by birth to include citizenship by descent and allowing dual citizenship.