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Others, however, noted that the draft successfully diluted the presidential powers advocated for by the revolutionary party.
University of Zimbabwe law lecturer Professor Lovemore Madhuku, however, argues that a close scrutiny of the document shows no major material changes 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.
“There is also nothing new in that as it was introduced in 2005 by Constitutional Amendment Number 17,” he argued.
Some of the independent commissions that would be created if the draft is adopted include the Zimbabwe Electoral Commission, the Zimbabwe Media Commission, the Zimbabwe Human Rights Commission, the Zimbabwe Gender Commission and the National Peace and Reconciliation Commission.
The amendments in Constitutional Amendment (17) that created the old Zimbabwe Electoral Commission also required the President to consult with the JSC and the SROC.
He said the only notable change was the new requirement for judges’ positions 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.
“It is unfortunate that most people do not know the current constitution because honestly there are a few changes there (draft constitution) but substantially the structure of Government is still the same.
“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 had none of that,” he said.
The draft constitution also states that all agricultural land is owned by the State and replicates provisions in the current constitution calling on the former colonial power to pay compensation for land repossessed for resettlement.
On the other contentious issue of dual citizenship, the draft constitution is silent on the matter and only provides possibilities that it can be determined by an Act of Parliament.
The two MDC formations wanted the draft constitution to provide for dual citizenship.
On the establishment of intelligence services the draft says it can be created through a law or a Presidential or Cabinet directive order.
The two MDC formations wanted it to be clearly stated that intelligence services would be created by an Act of Parliament.
Constitutional and Parliamentary Affairs Minister Mr Eric Matinenga, however, denied that the draft constitution favours Zanu-PF positions.
“I do not know whether that is subjective or objective (that Zanu-PF positions prevailed) but when you look at what is in this draft constitution and what is in the constitution I think it will be unfair to say Zanu-PF has stolen the match from the other parties,” 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 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.”
He added: “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.”
The Copac management committee on Wednesday completed the review of the draft Constitution and instructed party representatives to hand it over to the GPA principals.
Zimbabwe is expected to go for a referendum on whether to accept or reject the new constitution.
Online Reporter