adminThe whole Constitution making programme derives its authority and mandate from Article VI of the Amendment Number 19 of the Constitution of Zimbabwe.
The preamble to that Article VI states that it is the fundamental right and duty of the Zimbabwean People to make a Constitution by themselves and for themselves. It further states that the purpose of making their Constitution must be owned and driven by the people and must be inclusive and democratic.
The Copac outreach programme achieved the above mandatory requirements.
The Drafting Committee departed from what the people of Zimbabwe want in the following instances to mention a few:
THE REPUBLIC
Under Systems of Government, 71 percent of the people said they want a Unitary state, yet the drafters are proposing to throw out the word “ONE” by stating that they don’t think the word “one” adds anything to the definition. This effectively leaves out the word Unitary from the definition article.
FOUNDING PRINCIPLES OR VALUES
The people demanded that the liberation history of the Country be captured under Founding Principles, but the drafters want to relegate the liberation history to the Preamble only.
PUBLIC SEAL
The people have emphatically asked for an Executive President who should keep the Public Seal yet the Drafting Committee wants to leave the fact of who keeps the Public Seal to Parliament.
LANGUAGES
The people said they want 17 indigenous languages which they spelt out. They demanded that these should be officialised.
The drafters have chosen only English, Shona and Ndebele as the official languages, leaving the rest to Parliament. They have made English the only language of record.
HOMOSEXUALITY
87 percent of the people of Zimbabwe said NO to homosexuality yet the drafters want to smuggle this abomination through the back door by suggesting that people should not be discriminated on the basis of “Natural Differences”.
PROPERTY RIGHTS
The drafters suggest that the Constitution cannot solve the Land issue in Zimbabwe.
In other words, the people of Zimbabwe cannot solve this issue.
This suggestion is made despite the fact that the people demanded that the Constitution must protect the land by making the land reform programme irreversible. In the Founding Principles, 84 percent of the people said land and natural resources are our heritage, yet this was totally left out.
WAR VETERANS, WAR COLLABORATORS, EXDETAINEES, FOUNDING FATHERS/MOTHERS
The people said give freedom fighters the following benefits;
(a) A trust fund for sustenance into posterity
(b) Disability fund including monthly pensions
(c) Affirmative action for the war veterans
(d) General Welfare to include free health, free education for them and their children, employment, etc. yet all the drafters could offer the freedom fighters was “Accord due respect”.
CITIZENSHIP
People rejected dual citizenship yet the so-called three drafters are attempting to smuggle it into the Constitution.
DEATH PENALTY
The people said retain the death penalty yet the so-called three drafters are trying to abolish it.
The Drafting Committee has extensively imported values from foreign Constitutions at the expense of people’s views.
In conclusion, it is patently clear that Copac has betrayed the views of the people of Zimbabwe and must be disbanded forthwith. The whole process has been hijacked. It is also clear that Copac’s intention is to as much as possible delay the Constitution making process so as to avoid the holding of elections this year.
Our considered view is that His Excellency, The President in terms of the current Constitution must dissolve Parliament and announce a date for elections.
l Jabulani Sibanda is the National Chairman of the Zimbabwe Liberation War Veterans Association.
Online Reporter