MDC-T manipulating Copac

ZM: Can you give us your assessment of the draft constitution? What in your view are its strengths and weaknesses, if any?
GN: First of all it is important for readers to understand that this constitution making process is an MDC-T agenda. The MDC-T seeks to ensure that what it failed to do through an election, that is removing Zanu-PF from power, is done using the Constitution. The MDC-T would like to make sure that all the issues they wanted addressed on behalf of Britain and America, are addressed through the Constitution.
For example, they are attempting to reverse the land reform programme by making Zimbabweans agree that a Land Commission be appointed through Parliament.
Secondly, the MDC-T is taking their war with war veterans to the limit. They want to make sure that every Service Chief, every senior appointment in Government that has been done by Zanu-PF is removed from power by insisting on a Sixth Schedule which says all appointments made by the President must be approved by Parliament.
But the problem with that is Parliament is not composed of lawyers, but has among its members stone throwers and rank marshals that have been seconded by the MDC-T to Parliament. We cannot have these people appointing important people such as judges.
ZM: What are you trying to say?
GN: The proposals made by the Draft Constitution on appointment of judges are very toxic. They are talking about appointing judges to the Judiciary, saying they can only hold office in accordance with the Sixth Schedule, meaning that they have to be approved by Parliament. What this means is that all judges from the time this Constitution is passed, will have to leave their jobs.
This happened in Kenya where under the Government of National Unity all the judges in all courts were removed and new appointments made. This is what the MDC-T is seeking to do, for example, there is a special clause on the Chief Justice. They are creating a Constitutional court, which in fact will be the final arbiter on any law in the country meaning they can reverse the land reform programme.
The problem for us as a Federation is that the gains we have achieved would be whittled away. The President’s powers in taking affirmative action on indigenisation and empowerment has been removed, he is not going to assent to Bills, though he will be elected by the people, he will be just signing Bills.
ZM: What is the effect of those changes?
GN: The progressive civil society sees this as interference with the three pillars of the Government. There is need for separation of powers. We say the MDC-T should not be allowed to use the constitution making process for the purpose of illegal regime change.
ZM: What is your view on what the Draft provides on the new role of the Attorney General?
GN: The country’s core values are protected by the Attorney General. The MDC-T has a long standing war with the current AG, Mr Johannes Tomana. They are seeking to achieve what they failed to do during negotiations; that is removing Tomana through the new Constitution by changing the functions of the AG to that of a mere Government adviser. During the outreach, people were very clear that they were quite happy on the way the judiciary was constituted. Zanu-PF must not allow a negotiating process to begin to subvert what the people said.
ZM: On the appointment of Service Chiefs, the first Draft proposes the setting up of the Zimbabwe Defence Commission whose composition should have civilians. What is your view on that?
GN: One of the most absurd things in this Draft Constitution relates to appointment of the Zimbabwe Defence Commission where it provides for the inclusion of civilians in the Commission. The ZDC has the powers to appoint Service Chiefs, and civilians who have not worked in the army are not just being given the right to appoint Commanders but even the Captains and Majors and we say this is strange. We have a professional army and Zanu-PF, as a progressive party must not allow this.
ZM: What is wrong with the Draft with respect to the setting up of a Police Service Commission and how the policy hierarchy is constituted?
GN: It’s clear that the MDC-T is trying to remove Service Chiefs. They are now talking about one Police Commissioner and we know that there are many Police Commissioners headed by a Commissioner General. The MDC-T is seeking to remove Police Commissioner General Augustine Chihuri by insisting that he should be appointed in terms of the Sixth Schedule. We are hoping that Zanu-PF is watching closely and will not allow the MDC-T to gain what they have failed to get through negotiations by applying the Sixth Schedule provision.
ZM: I also notice that in the appointment of posts into Government, there is now a new requirement where one has to secure the concurrence of the Minister of Finance. How feasible is that scenario?
GN: The MDC-T is very crafty. For example they are seeking to say the current Ministers will not be removed until the next sitting of Parliament once the President dissolves Parliament. They want the Minister of Finance to have a say in the conditions of service of Service Chiefs. We feel that Minister Biti should not have anything to do with the police because it’s unprecedented.
ZM: One might argue that the involvement of Parliament is to provide sufficient checks and balance and thereby enhancing democracy. What’s wrong with the involvement of Parliament since they represent views of the people?
GN: There must be clear separation of powers among the three pillars of the Government, the Executive, Legislature and the Judiciary. It’s not the duty of the Legislature to tell the Executive how to run the country. Whichever party wins the political right through an election must be given the right to make executive decisions and not to be hamstrung by Parliament.
ZM: I also note that the draft confers the power to invite election observers to the Zimbabwe Electoral Commission. Is there anything wrong with that?
GN: You can tell this is an MDC-T constitution. They want an electoral commission, which is appointed by them in terms of the Sixth Schedule, and bring election observers. The MDC-T wants to bring the Americans, Europeans and British to come and observe the election so that if they lose the polls, they will say there were not free and fair.
ZM: I also notice that the Human Rights Commission and Anti-Corruption Commission can now give direction to the Police Commissioner, according to this Draft Constitution. Is there anything wrong with that?
GN: That is not proper. We don’t want a Police Commissioner directed by a Minister, Anti-Corruption Commission or any institution. We want a Police Commissioner who has all the powers and functions like what we have at the moment. We cannot have a situation whereby an MDC-T appointee in the Anti- Corruption Commission gives directions to the Commissioner of Police. This is a perpetuation of a war between the MDC-T and any war veteran who is holding office in this Government.
ZM: What in your view is the relationship between the Land Commission as envisaged in this Draft and the Minister of Lands. Are their functions clear or there seems to be a thin line between them?
GN: They are creating a Land Commission that will be appointed by MDC-T MPs to have a final say in all land matters. What this means is that the MDC-T MPs can move a motion in Parliament and reverse the land reform programme.
The Minister of Lands will have no role and this Commission can reverse the land reform programme. The land issue is a political problem that must be left to a politician to deal with. This politician must come from a political party given a mandate by people of Zimbabwe. The current Parliament does not have the mandate of the people to tamper with the question of land.
ZM: I also notice that Parliament now has a role in the appointment of Cabinet Ministers. The President will have to submit nominees for approval by Parliament, in your view is it prudent?
GN: It is not prudent at all. If the President is popularly elected, he must have the power to appoint, hire and fire. Parliament has no role to play, this has not happened anywhere in the Third World or anywhere in the world except in America, so they are trying to copy that.
ZM: All these issues you allege that they constitute irregularities being done at the instigation of the MDC-T, why would all this happen under the nose of Zanu-PF? Are you suggesting that Zanu-PF MPs in Copac are sleeping on duty and fail to notice these things?
GN: The MDC-T has been involved in a misinformation campaign. For example, they have been lying to the people that in the Draft there are qualifications of 70 years for a presidential candidate. This is false, there is no such a clause and people never said that is what they want during the outreach programme. The MDC-T is seeking to divert people’s attention to say we don’t want President Mugabe to contest, by the time they will now say he can contest, we will not look into these toxic issues.
ZM: Finally Zanu-PF Co Chairperson Cde Munyaradzi Mangwana has not blamed the MDC-T, as culprits for these issues in the Draft as what you would want people to believe. Instead he has directed blame on drafters whom he said deviated from instructions given. What’s your basis to blame the MDC-T?
GN: I don’t know what role co-Chairpersons are taking but what I would want to say these are toxic issues. I am concerned how these issues are being smuggled in; these are issues that were never raised during the outreach.
I am surprised that these things are being allowed and we hear stories that people are going to negotiate. Zanu-PF must refuse to negotiate on issues that were not said during the outreach and they must insist that the national report must be published.