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Chapter 4 (84) which deals with the declaration of rights, recognises the veterans of the liberation struggle, and those who helped them in prosecuting the war.
It reads: “(1) Veterans of the liberation struggle, that is to say — (a) those who fought in the War of Liberation; (b) those who assisted the fighters in the War of Liberation; and (c) those who were imprisoned, detained or restricted for political reasons during the liberation struggle; are entitled to due recognition for their contribution to the liberation of Zimbabwe, and to suitable welfare such as pensions and access to basic health care. (2) An Act of Parliament must confer on veterans of the liberation struggle the entitlements due to them . . .”
If the draft is adopted it would be the Government’s constitutional responsibility to ensure that war veterans’ welfare is taken care of. War veterans have, especially since the formation of the inclusive government in 2009, complained that their welfare was being disregarded, with Finance Minister, Tendai Biti and his party, MDC-T being sharply criticised for that.
Cde Pupurai Togarepi, national chairman of the Zimbabwe National Liberation War Collaborators Association hailed the draft for recognising the role played by war veterans in the making of Zimbabwe.
He said:
“We feel honoured by the outcome of the constitution that the people of this country have seen that war collaborators, like war veterans, restrictees and detainees, played a big role in the liberation struggle. We thank those who made it possible for the constitution to recognise us, especially President Mugabe. At last as war collaborators, we are happy that we will have our place in history, and in the constitution. We are also pleased that the draft recognises that the independence of this country did not come on a silver platter. We are different from other countries; here our independence was fought for and thousands died for it, so those who survived that struggle and those who died must be recognised.”
Another important institution that has been recognised in a more significant way in the draft is that of traditional leaders. The draft charter says, in Chapter 15 that a traditional leader is responsible for performing the cultural, customary and traditional functions of a Chief, headperson or village head, as the case may be, for his or her community. It also says traditional leaders must act in accordance with the Constitution and the laws of Zimbabwe, uphold the customs pertaining to traditional leadership and exercise their functions for the purposes for which the institution of traditional leadership is recognised by the Constitution and also treat all persons under their areas of authority equally and fairly. The constitution would also prohibit chiefs from involvement in politics but says an Act of Parliament could be enacted to safeguard them from political interference.
Section 281 (2) reads:
“Traditional leaders must not (a) be members of any political party or in any way participate in partisan politics; (b) act in a partisan manner; (c) further the interests of any political party or cause; or (d) violate the fundamental rights and freedoms of any person.”
Their functions would also be clearly defined. They would be constitutionally mandated to promote and uphold cultural values of their communities and, in particular, to promote sound family values, take measures to preserve the culture, traditions, history and heritage of their communities, including sacred shrines, facilitate development, administer communal land and to protect the environment and resolve disputes among their subjects in accordance with customary law.
Furthermore, the draft proposes, like the current constitution, that appointment, removal and suspension of chiefs must be done by the President.
The President would need to do this on the recommendation of the provincial assembly of chiefs through the minister responsible for traditional leaders and in accordance with the traditional practices and traditions of the communities concerned.
Online Reporter