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dismissing the people’s views in favour of their preferences.
His sentiments were echoed by legal expert Mr Goodwills Masimirembwa who said the draft constitution deviated from what people said on many fundamental issues.
He cited issues such as executive powers of the President, dual citizenship, the security services sector and land tenure, among other pertinent issues.
However, constitutional law expert Professor Lovemore Madhuku said the draft was not fundamentally different from the current Constitution.
He argued that the President still retained his executive powers.
Prof Madhuku felt that the new draft favoured Zanu-PF as there were no significant changes.
Constitution and Parliamentary Affairs Minister Eric Matinenga differed with Prof Madhuku saying the major highlight of the proposed new constitution is the dilution of executive powers.
Prof Moyo said the draft constitution was a compromise document not based on the views of the people as envisaged by Article VI of the GPA under which Copac was established.
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“It is disappointing to note that there is not even one example in the history of nations where ‘compromise’ has been the operative value or guiding principle or defining method in the making of a new constitution by an independent and sovereign republic such as ours,” he said.
“This is because negotiated constitutions are by definition not democratic, especially those that are negotiated behind closed doors between unaccountable individuals . . .
“There is no way under the sun that anybody will convince rational and thinking people to say a manifestly undemocratic process can ever have a democratic outcome.”
In an interview yesterday, Mr Masimirembwa said failure by Copac to publish a national report summarising people’s views was an indictment that they were hiding something.
He noted that the Executive President was at the mercy of Parliament because the legislature could pass a vote of no confidence in the Government and force the President to dissolve Parliament if he does not replace ministers.
“The truth is that the President is always at the risk of being forced into an election by Parliament and not by the people who elected him or her.
“If an opposition has a super majority in Parliament and does not like the President it will just pass a vote of no confidence in his government and force him to call for an election,” he said.
Impeachment of the President, said Mr Masimirembwa, has now been made easier by the draft, yet in other jurisdictions it is very difficult.
“It creates a banana republic with a President who can be removed virtually anytime by Parliament,” he said.
On dual citizenship, Mr Masimirembwa said people were very clear in denouncing it, yet the draft leaves it to Parliament to decide.
On land, Mr Masimirembwa noted that the draft gave people the right to transfer titles, a situation he said could reverse the land reform programme to former white owners.
“The result is that the land might go back to the whites because they have the financial muscle to buy it,” he said.
Prof Madhuku, however, argued that a close scrutiny at the document will show that no major material changes had occurred from the prevailing status quo.
“If you look at it closely you will realise that most of the power has remained with the President.
“Even the draft clearly states that Executive Authority is vested in the President and Cabinet just as it is in the current constitution.
“While there is mention of consultations with the Standing Rules and Orders Committee of Parliament or Judicial Services Commission on the appointment of various commissions the appointment, however, is still being done by the President,” he said.
He said the only notable change was the new requirement for judges to be advertised and public interviews to be carried out before their appointment.
On devolution, Prof Madhuku said the provisions in the draft did little to transfer power from central government.
“There is no devolution to talk about there, it is just a word used and there is not even a definition of what they mean by that word. Even when you look at the
Founding Provisions in the first chapter it clearly rejects the concept of devolution by clearly stating that Zimbabwe is a unitary State,” he said.
“The MDCs will celebrate like they did with the Global Political Agreement that the Prime Minister (Morgan Tsvangirai) had been given executive power yet he has none of that,” he said.
Minister Matinenga said there were provisions on the limiting of terms of not only the President but others holding important public offices and those in the security sectors, and expanded Bill of Rights and a provision that are a certain percentage of national revenues be distributed to provincial councils that were not in the current Constitution.
He, however, said what was important was to promote a culture of constitutionalism in the country.
“If we do not have a culture of constitutionalism then that document will be dust. It is not a constitution which will prevent violence, it is not a constitution that will prevent selective application of the law.
“This draft opens a new era in the governance of Zimbabwe. It is, however, important that as a nation, we apply this draft in a positive and purposeful manner. It provides the basis for a democratic and developmental State respecting the rule of law. It is us the people of Zimbabwe who must make it work.”
Online Reporter