Conspiracy against Zanu-PF

America through Hillary Clinton.
Zimbabweans are wondering how a constitution which was authored for three years was suddenly available at the end of July 2012, just as the European Union was meeting. The European Union made a resolution “if Zimbabwe allowed a referendum on the new constitution then the European Union would pour millions into Zimbabwe and lift sanctions”.
This is the MDC formations’ position. The EU would like Zanu-PF to commit political suicide by accepting a return to Rhodesia through this draft. The draft protects property rights to all Zimbabweans including whites who will have their farms restored to them through court applications to the Constitutional Court which will now include MDC-T appointees or new judges appointed through a Judicial Service Commission that will include MDC-T appointees. Recently, Clinton, on a tour of South Africa, said if Zimbabwe allowed a referendum on this constitution the US government would review their sanctions and pour millions of dollars into Zimbabwe. The reason is very simple: the constitutional draft has become the final nail in the regime change programme in Zimbabwe.
The net effect of this immoral constitution is a weak Zimbabwe, a ceremonial President who shares power with his appointees in cabinet, a politicised judiciary, a politicised Attorney-General whose main function would be to prosecute all beneficiaries of the land reform programme, a president without powers to dissolve parliament, a parliament with power to initiate legislation and even to launch constitutional amendments to extend the life of this parliament, a parliament with powers to amend presidential powers and make new regulations on the conduct of ministers, a cabinet which will advise and control the president, and lastly a parliament which will have the final say on the timing of elections.
This will lead to this parliament moving a motion to extend its life and this is the final solution that the MDC formations want to implement in this undemocratic constitution. These Western-sponsored parties don’t care what the people said in the outreach programme. The people were very clear on the need for a unitary state, no devolution, a strong president, clear separation of powers between the Executive, the Legislature and the Judiciary and no changes to the present structure of the government. The MDC formations forget that article six of the Global Political Agreement demands that there must be a people-driven constitution and not a negotiated constitution. In order for readers to understand why Zanu-PF must reject this constitutional draft, the Federation of Non-Governmental Organisations has analysed the most toxic issue in this draft.
The Draft Constitution in the proposed Schedule 6: Part 4 section 15 makes provision in the Savings and Transitional Provisions for certain Executive Officers to continue in office beyond the dissolution of Parliament. That section provides as follows:
Continuation of certain Executive Officers
15. “not-withstanding any provision of the former Constitution, the provision of the following offices which existed on publication day in terms of Schedule 8 to the former Constitution, namely President and Vice-President.
Prime Minister and Deputy Prime Minister; and
Minister and Deputy Minister
Continue in existence until the effective date when the first (new) President assumes office under this Constitution and the persons who hold these offices remain in them accordingly”.
The above proposed section seeks to provide for the extension of tenure of the office of the President, Vice-President, Prime Minister, Deputy Prime Minister, Minister and Deputy Minister until a new President is sworn in after the next elections under a new constitution. It therefore follows that when the President announces the date of elections and dissolves Parliament, these executive officers would not be affected by dissolution and will continue in office until a new President assumes office.
The office of Prime Minister and Deputy Prime Minister were created by the inter-party political agreement, commonly referred to as the Global Political Agreement (GPA), and incorporated into the current Constitution by Amendment No. 19 in Schedule 8. Although Amendment 19 does not specifically state the date to bring to an end the inter-party political agreement vis-à-vis the temporary offices of Prime Minister and Deputy Prime Minister, Amendment No. 19 in Section 115: Transitional: Schedule 8 clearly states that:
In this section and section 118 and Schedule 8:
“Inter-party Political Agreement” means the agreement between the Presidents of the Zimbabwe African National Union-Patriotic Front (Zanu-PF) and the two formations of the Movement for Democratic Change (MDC), on resolving the challenges facing Zimbabwe, as set in Schedule 11, which was signed at Harare on the 15th September, 2008, and witnessed by the President of the Republic of South Africa as a facilitator mandated by the Southern African Development Community (Sadc), as subsequently amended.
“Prime Minister” means the Prime Minister whose appointment is referred to in Article 20.1.4. of the inter-party political agreement. Schedule 8 shall have effect from the date of commencement of the Constitution of Zimbabwe Amendment (No. 19) Act, 2008, and continue in force during the subsistence of the inter-party political agreement. The provisions of this Constitution shall, for the period specified in Subsection (2), operate as amended or modified to the extent or in the manner specified in Schedule 8.”
It is, therefore, necessary to closely examine the provisions of Schedule 8 to fully appreciate and understand what they mean. In circumscribing the Framework for the new Government, Schedule 8 clearly further amplifies the temporary nature of the Inter-party Political Agreement. The resolution of the challenges facing Zimbabwe, cited as the main objective of the Agreement, includes:
“The crafting and adoption of a new Constitution of Zimbabwe to pave way for holding elections; determination to carry out sustained work to create conditions for returning the country to stability and prosperity.”
In outlining the composition of the Executive, Article 20.1.6 of Schedule 8 unequivocally states that:
There shall be a President, which office shall continue to be occupied by President Robert Gabriel Mugabe.
There shall be a Prime Minister, which office shall be occupied by Mr Morgan Tsvangirai.
There shall be two Deputy Prime Ministers, one from MDC-T and one from the MDC-M.
Finally, Schedule 8 article 20.1.10 states that:
For the duration of the inter-party Political Agreement as stipulated in section 115 (2) of the Constitution and notwithstanding anything contained in section 57 of the Constitution, the Committee on Standing Rules and Orders shall consists of –
The Prime Minister, who is also the leader of Government business; and the Deputy Leader of Government Business in the House of Assembly; and the Deputy Leader of Government Business in the Senate
The prime object of the Constitution of Zimbabwe Amendment (No. 19), Act, 2009 was to create the three positions of Prime Minister and two (2) Deputy Prime Ministers for the duration of the inter-party Political Agreement to facilitate the signing of that Agreement. These three positions did not exist prior to the inter-party Political Agreement and NOT beyond.
In terms of the Inter-party Political Agreement, its life, therefore shall subsist until the objectives of the agreement have been achieved, unless the agreement has been amended or modified in a manner specified in Schedule 8.
It, therefore, follows that the current offices of the Prime Minister and Deputy Prime Minister are temporary and specifically linked to the life of the Inter-party Political Agreement and the tenure of those offices cannot be extended without amending or modifying that agreement. In other words, these three offices and any other offices, such as the Ministers and Deputy Ministers for the respective political parties, created for the duration of the Inter-party Political Agreement CAN NOT be extended via the proposed Saving and Transitional Provisions in Schedule 6; Part 4 of the draft. It should be noted that the temporary nature of the agreement is reflected in the way political parties and signatories are specifically referred to by name. This suggests that the agreement would lapse or would be void should anything happen to any of the parties or signatories.
The mischief of Saving and Transitional Provisions, the uninterrupted continuation of Government business when the President dissolves parliament pending elections and until a new President in inaugurated, is taken care of by the fact the President, whose office is not created by the Inter-party Political Agreement, has discretion to exercise his executive authority to keep the wheels of government turning.
The net effect of this draft is that the MDC formations do not want elections this year or even next year and this clause will be used to extend the Government of National Unity and remove the power of President Mugabe to dissolve cabinet and call for elections. The MDC formations will simply use Parliament to extend the life of this Parliament and they will be hoping that some Zanu-PF Ministers whose positions have been guaranteed by the constitution will join the MDC formations in a revolt against the President. This clause is also against the Prime Minister as he will have no capacity to axe any MDC ministers. This is not a constitution for the future but for today and an attempt by the MDC formations to extend the Global Political Agreement forever. The MDC formations are attempting to use this constitutional draft to right mistakes in negotiating Amendment No. 19 where they left President Mugabe with powers to dissolve Parliament and dissolve the Government of National Unity.
Zanu-PF, as the final guarantor of the people’s liberation, should reject the MDC (Copac) draft and simultaneously reject the Government of National Unity and call for elections so that the people of Zimbabwe can be the final referees between the political parties. The Federation of Non-Governmental Organisations is ready and willing to take Copac to the High Court of Zimbabwe to interdict them from presenting the current constitutional draft as a draft that is borne out of the outreach programme. The draft violates Article 6 of the Global Political Agreement.
During the outreach programme more than 75 percent of the people said that they wanted the current presidential powers, current executive structure, and separation of powers between the Legislature, the Judiciary and the Executive. The people never said they want a National Prosecuting Authority, a Constitutional Court or a Land Commission and the land question had been resolved and should be irreversible. This constitution provides for its irreversibility through the constitutional court and the land commission.
Even more controversial is that the draft constitution allows for dual citizenship and the children and grand children of white Rhodesians will be allowed to come to Zimbabwe and participate in elections obviously voting for the MDC formations. The draft constitution is a fraud.