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NewsDay

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Constitution must capture people’s dreams

Comment & Analysis
The parliamentary constitutional select committee (Copac) is expected to finalise the much-awaited draft constitution by the end of the week despite the continued bickering among the political gladiators in the inclusive government. This is a welcome development given that the process is already far beyond schedule though concerns remain over its content. The constitution-making process […]

The parliamentary constitutional select committee (Copac) is expected to finalise the much-awaited draft constitution by the end of the week despite the continued bickering among the political gladiators in the inclusive government.

This is a welcome development given that the process is already far beyond schedule though concerns remain over its content.

The constitution-making process has been saddled by a myriad of problems, chief among them lack of funds and political discord sponsored mostly by Zanu PF to derail the crafting of a people-driven charter. President Robert Mugabe’s party has been shifting goalposts from the time the process started soon after the formation of the inclusive government in February 2009.

The party has thrown several spanners into the works — it first insisted on using the Kariba draft constitution as a reference point. When that machination failed, the party then came up with several hindrances and pushed for constitutional provisions not in line with international best practice. Zanu PF has, and is still adamantly pushing for the exclusion of devolution and dual citizenship, and is campaigning against the establishment of a constitutional court and a national prosecuting authority.

Its’ a pity that Zanu PF is against the enshrinement of the new constitution with strong institutions to guarantee people’s freedoms and human rights. Strong institutions, not leaders, build successful countries.

It is our hope that Copac would remain steadfast and insist on capturing the peoples’ views in the new constitution. It has been, and still is, the inalienable right of Zimbabweans to write a constitution for themselves, capturing their aspirations and dreams.

The rejection of the 2000 government-sponsored draft was a testimony that the process in crafting the blueprint was flawed. It was thrown out not because it was a bad draft, but it lacked constitutionalism. Constitutionalism comes from the democratic aspirations of the people. But it needs to be shored up by sound institutional practice.

Copac must know that this new governance charter is supposed to pave the way for a new dispensation in terms of governance in this country. It’s supposed to lay the framework for free and fair elections since holding elections under the current system, as suggested by some in Zanu PF, will be nonsensical as it will likely produce more disputed results and plunge the country into anarchy.

Our rights have been trampled upon for years. A new constitution is needed to put an end to this electoral nonsense. Is it not lamentable that after we gained Independence in 1980 with a ceasefire pact, the Lancaster House constitution, which had for the first time a justiciable Bill of Rights, the new rulers in town continued to trample on people’s rights with impunity?

The constitution was panel-beaten 19 times and it became an instrument of power and an agency to legitimise arbitrary actions against civil liberties of individuals and organisations.

Such manipulation caused great harm to the country’s political profile and consequently led to the collapse of our once prosperous economy. We need to demand our rights, freedom of the press, opening up of the airwaves, repeal of repressive legislation, and free and fair elections, among others.

We cannot have democracy without a free and fair election. Equally, we cannot have a free and fair election without a democratic constitution and a free media.