Zimbabwe is in a process of formulating a new constitution. The process is already reportedly marred by disgruntlements emanating from different lines of divisions ranging from political to gender. It is sad and highly unexpected of an educated populace as Zimbabwe’s. The tensions reflect massive misconceptions not only of the process leading to the constitution but also of what the constitution is and its short term and long term objectives.

If people really knew what they were doing, we would not be having outcries over political rallies and the consequent political violence, which we hear of, or over who constitutes the select committee to spearhead the constitution making process. It is not the role of any political party to inform its people of the constitution but of an independent neutral body, or of other informed citizens.

The constitution is a document much more important than any political party, it should live beyond ZANU PF, beyond MDC and beyond Ndonga or any political party yet to be formed. It is the national bible to determine the conduct of the government and other stakeholders including people. What it implies is that it is the key to control the birth, survival and death of political parties. It should therefore come from the people in general, irrespective of their political party allegiances. Everyone should wear the coat of a citizen and take off any identification with a party in the process.

The select committee to spear heard the constitution making process is not there to influence the outcomes of the process. What we want collected are the views of the people as raw as they are and not views doctored along short term political interests. The same can be said of gender issues. We want people’s views and not those of whoever is part of the committee. People should be educated and to take heed of such elements that are bent on influencing the process to make the constitution their pocket parcel or baby.

People should stop viewing the constitution through political party lenses and rather jointly come up with a constitution that benefits everyone. What is important here is political and social neutrality.

Zimbabwe civic organisations ZimRights and Zimbabwe Lawyers for Human Rights (ZLHR) recently issued a joint statement drawing attention to the rising repression directed at human rights defenders in this country.

The statement says that various members of the ZimRights board have received threatening text messages.

ZimRights and ZLHR also said:  “We urge the inclusive government and particularly the co-Home Affairs Ministers and the Police Commissioner-General to unequivocally guarantee the safety of all these human rights defenders and to assure them of their security pending full investigations into the alleged threats.”

Here are some of the text messages:

Nunurai Jena, ZimRights Regional Chairperson for Mashonaland West received a message saying, “If we give you a task to ask your ZimRights colleagues to slow down and forget about the constitution making process will you do that or else…? Just comply.”

Chitungwiza regional chairperson, Netsai Kaitano’s message read, “Chipositori nekodzero, kana matongerwo enyika zvinopindirana papi? (How are apostolic faith and rights or politics linked?) Have you forgotten the pain of those beatings. Bidi and Tsunga are gone, Pelagia, Ok, Phulu and Tshuma won’t be there anymore, when we will come for you.”

Jabulisa Tshuma, the organisation’s treasurer’s message said, “Mr Treasurer Tshuma, who are your sponsors? You are all over the country. Are you turning ZimRights into a political party? What is the motive of your donors?”

Please get in touch with ZimRights and send them a message of solidarity.

And while these abuses take place under the Government of National Unity, the MDC is responsible for them. Email the MDC on mdc.internationalrelations@gmail.com and ask them to demand a full investigation.

ZimRights recently engaged in various consultative meetings around Zimbabwe to get grassroot views on the constitution.

According to the feedback they received, Zimbabweans “have expressed concern over the president’s term of office” while registering other demands, such as:

- No one over the age of 60 should be President

- Each President should serve a maximum of two five year terms

- A President’s age should not be less than 40

- Every person who gets into office must first declare all their assets

Sounds reasonable except in Africa where scared old men cling to power.

The constitution making process is underway and it is up to you and me to make sure it addresses issues that are going to benefit generations to come. So when the COPAC people come your way be sure to express your views without fear and tell it like it is.

To all the women in this country I have a few tips I got from the Deputy Minister of Justice herself. And by the way men can also take part in asking for these things because all of us are part of the solution. She says if women asked for these 12 things to be included in the constitution then we are sure to make a difference in the Zimbabwe.

So listen up and get ideas on how to change things around in this country.

1. We must ask for a constitution that has an equality clause
2. We want equal citizenship to men
3. The constitution should make sure that women have the right to the security of her person. That sexually based violence should not be tolerated. We must have zero tolerance for any type of violence
4. In the new constitution women must not be discriminated against because of their sexual orientation or the colour of their skin or anything else for that matter. No discrimination of any sort
5. We must have a constitution that subjugates customary law to human rights
6. Women should have economical, social, cultural and environmental rights
7. The constitution must have a clause that addresses a gender sensitive electoral judiciary system and a quarter of the decision-making bodies
8. Rights of children because children directly affect women and children are directly affected by women
9. There should be a gender and equal opportunities commission
10. Whatever treaties and human rights protocols that we have signed up to should be applied straight into law
11. Public finance provision must include gender budgeting

So there you have it. You know what the elders say “Okulumi ‘ndlebe ngowakho-akuruma nzeve ndewako” (forewarned is forearmed).

Isn’t that what the Indigenisation and Economic Empowerment Regulations are supposed to do? Give back the means of production the dispossessed and economically disempowered to its rightful owners? So why does this Act sound like a fraud? In a recent article Dr Alex Magaisa points out the fallacies of this Bill.

Much like the Land Redistribution Programme which after ten years of inane political rhetoric and ‘bumper’ harvests that left supermarket shelves empty, I predict this bill will fall into that pile of so-so ideas that are poorly executed. Or rather bad ideas that only benefit the politically powerful/able/active. While this Bill follows after the fashion of the Foreign Equity policies used in Asia; it falls short of the checks and balances used to encourage foreign investment while at the same time following their principle of indigenisation. This Bill is nothing more than a myopic ‘Look East’ policy. It will not change the lot of the ordinary man on the street. As it is, all three parties constituting the Government of National Unity have failed to correctly administer the resources that we do have. We even have Ministers who are not ashamed enough to at least loot those resources in secret.

Moreover, why plunder the few companies remaining that are gingerly limping towards recovery? Why not ease the current draconian legislation? and, in the event that our Legislature is feeling particularly energetic, why not create laws that encourage innovation and the creation of new businesses and industries in Zimbabwe if for no other reason than to have a bigger pool of companies to steal from…I mean regulate. I’m no economist but it seems to me that if there are more businesses to tax, there will be more revenue collected by Zimra. Then our politicians can make their money the old fashioned way, by looting Government coffers.

From The Economist:

A the relative optimism of last year, the situation in Zimbabwe is deteriorating badly. South African-mediated talks between ZANU-PF, the party of President Robert Mugabe, and the Movement for Democratic Change (MDC), led by the prime minister, Morgan Tsvangirai, which are aimed at shoring up their shaky power-sharing pact, have broken down, maybe irretrievably. This leaves the one-year-old “government of national unity” as good as dead. Schools, hospitals, courts and other state services have been brought to a halt by striking civil servants. Meanwhile, all new investment projects have been put on hold following the promulgation of “indigenisation” rules obliging companies worth more than $500,000 to cede a 51% stake to black Zimbabweans—or face up to five years in jail.

Harare, the capital, is abuzz with talk of a snap general election, possibly as early as April. Jacob Zuma, South Africa’s president, is understood to have convinced Mr Tsvangirai to abandon all his demands in his negotiations with Mr Mugabe save those essential for ensuring a fair democratic poll. With ZANU-PF blocking every MDC attempt at reform, Mr Zuma appears to agree that the unity government has become a sham. He is determined that no trouble on South Africa’s northern border should upset his country’s hosting of the football World Cup in June and July.

Some argue that the unity government has made a bit of progress over the past year. They point to the huge improvement in the economic situation, with a 4.7% expansion of GDP last year, the first growth in a decade, as well as the reopening of schools and hospitals. Although all this is true, it has more to do with the replacement of Zimbabwe’s worthless currency by the dollar, which happened before the unity government was set up, than anything the government itself has done.

Apart from the economy, the situation on the ground has barely changed at all, with Mr Mugabe holding on to the reins of real power. White-owned farms continue to be invaded. Human-rights and MDC activists are still being beaten up and arrested. MDC provincial governors have still not been allowed to take up their posts. Mr Mugabe continues to control the security forces. The affable Mr Tsvangirai has borne all the sleights and humiliations with astonishing calm. But even he appears to have run out of patience. The only way forward, he now says, is to agree on a “road map” to a fresh election.

If genuinely free, the MDC would be sure to win this hands down. Polls suggest that support for ZANU-PF, in power for the past 30 years, has shrunk to less than 20%. But there are fears that, without the planned new democratic constitution or independent electoral commission in place, there would be a return to the violence that marked the latest elections—unless the Southern African Development Community, a fairly spineless 15-member regional group, is prepared to take tough measures. Those should include, some argue, sending in troops if necessary.