adminGiven this adversarial political environment, it was always going to be difficult coming up with something as fundamental as a functional coalition government, one of whose biggest tasks being to craft a new constitution. It is good that politicians agreed and formed an inclusive government, though one might assert they simply had no choice as circumstances dictated they did so.
Like the Government that founded and drives it, the constitution-making process has been a moody, on-off affair. The latest stand-off is over proposals by Zanu-PF to amend some sections of the Copac draft. We must state that this dispute would have been avoided if Copac had done the most honourable thing to stick to what the majority of people said they want during the outreach and not gone for an entirely negotiated constitution.
The national statistical report says 71,08 percent of the people favour a unitary state, and 58,36 percent a devolved one.
On citizenship, 52,6 percent wanted prohibition of dual citizenship yet the Copac draft said an Act of Parliament can permit or prohibit dual citizenship. While the Copac draft seeks to provide for a National Prosecuting Authority responsible for instituting and undertaking criminal prosecutions on behalf of the State, the national report indicates that 74,9 percent of the people wanted an Attorney General as is the case now. Also, the Copac draft indicates that there would be a Constitutional Court with a Chief Justice and his deputy and then five other judges yet the national report shows that 27,90 percent wanted the status quo plus a Constitutional Court.
Backed by the national report, Zanu-PF is insisting that the supremacy of the people must prevail.
During the outreach, many people said they wanted the economic empowerment agenda to be made a constitutional matter, so the party is simply echoing the majority voice when it demands a more detailed section devoted to it. Zanu-PF wants Chapter 2 (section 2.7) of the constitution to make it an obligation of the State to endeavour to facilitate empowerment of indigenous Zimbabweans. Local communities, youths, women, the elderly and war veterans are some of the special categories of people who would be given preference in the empowerment process.
A sovereign wealth fund would have to be set up to support national development. Sovereign wealth funds are state-owned investment vehicles meant to ensure that future generations benefit from their natural resources even if the resources might have been long depleted. These funds, estimated to be worth $2,5 trillion today with prospects for growth, are common in most oil-producing nations.
Governments in these countries know that the oil boom will not be for ever, so investing the riches now is prudent. Zimbabwe has staggering mineral wealth — diamonds, gold, platinum, uranium and others — which would obviously not last for ever, so Zanu-PF is being insightful in proposing a sovereign wealth fund.
We see no reason why the constitution must not be categorical in outlawing the abomination called homosexuality and same sex marriages as 56,17 percent of respondents during the outreach wanted their supreme law to forbid it.
For this reason, Zanu-PF wants new clauses in Section 4.45 that would read “same-sex marriages are prohibited” and “homosexuality, gay and lesbian practices are prohibited”.
The supremacy of the people is what runs through the Zanu-PF proposals. As Zimbabweans we don’t want to wreck the almost-done new constitution on matters of national interest like these. At least $45 million has been spent to arrive at the draft we have, not to speak of the hope we have also invested in the process. We have already demonstrated that we can find each other on issues that affect us as a people. We must do that again on the proposed new constitution, without sacrificing the national interest.
Online Reporter