Online Reporter
Legal Position
Trust Maanda
WE have just come out of the Unity Day holiday, which is a day we are reminded of unity that we should have as a nation.
Unity is defined as the state of being united or joined as a whole.
The Constitution provides for unity of the people of Zimbabwe, and cherishes it as one of the founding principles and values of Zimbabwe.
The preamble to the Constitution opens by saying: “We the people of Zimbabwe: United in our diversity by our common desire for freedom, justice and equality”.
The Constitution acknowledges our diversity as a people, but also notes that we are united in that diversity.
We may be from diverse background and interests, but we share a common desire. That desire is for freedom, justice and equality.
The Constitution then provides for the mechanisms by which that justice and freedom can be acquired or safeguarded.
The Constitution also describes Zimbabwe as a unitary State.
Zimbabwe is a unitary, democratic and sovereign republic, according to Section 3 of the Constitution of Zimbabwe.
“Unitary” describes something that forms a single, unified whole or is organised as one unit.
Section 10 of the Constitution speaks about national unity, peace and stability and provides that the State and every person, including juristic persons, and every institution and agency of government at every level, must promote national unity, peace and stability.
According to the Constitution, the principles of good governance, which bind the State and all institutions and agencies of Government at every level, include—the fostering of national unity, peace and stability, with due regard to diversity of languages, customary practices and traditions.
Although we have different languages, customs and traditions, unity must be fostered, without losing our diversity.
To show that unity is important, it should also be promoted from the highest office of the land.
In Section 90 of the Constitution, one of the duties of President is to promote unity and peace in the nation for the benefit and well-being of all the people of Zimbabwe.
Unity is essential for the well-being and benefit of the people of Zimbabwe. Unity is essential for peace and development.
In order to secure this unity, the constitution has set up a peace and reconciliation commission which has the role to develop and implement programmes to promote national healing, unity and cohesion in Zimbabwe and the peaceful resolution of disputes.
The Constitution also provides for devolution, not as means to divide the nation, but rather to preserve unity.
The preamble to Chapter 14 of the Constitution reads: “Whereas it is desirable to ensure: (a) The preservation of national unity in Zimbabwe and the prevention of all forms of disunity and secessionism;
(b) The democratic participation in government by all citizens and communities
in Zimbabwe; and;
(c) The equitable distribution of national resources and the participation of local communities in the determination of development priorities within their areas; there must be devolution of power and responsibilities to lower tiers of Government in Zimbabwe.”
It is clear that devolution is not for division, but for unity. For unity and cohesion, there must be devolution so that no place lags behind the other in development and participation of the citizens in the Government of their communities. This avoids disunity and secessionism.
Devolution structures State institutions to enhance democracy and the participation of people in the making of decisions that affect them at the local level, and this they do through their elected representatives.
Devolution gives powers of local governance to the people and enhances their participation in the exercise of the powers of State and in making decisions that affect them; and to preserve and foster the peace, national unity and indivisibility of Zimbabwe.
To ensure that the values of devolution are always upheld, the minister responsible for local government, on behalf of Central Government, retains some residual oversight powers to step in when necessary.
The role of Central Government to oversee local authorities to whom power may have devolved remains, and the Minister of Local Government and Public Works is vested with powers and intervenes on issues of concern in the administration of the local authority. For instance, where a decision of the local authority threatens national unity and has the effect of creating an independent local authority, this ensures that the state continues to exist as a unitary state.
The Constitution has put unity at the very core of our existence as a people. Peace is one of the national objectives in the constitution. It is a foundational value from which all the provisions of the constitution draw inspiration.
Unity has to be fostered and promoted at every level of society in order for our common desire for freedom, justice and equality to be realised.
TRUST MAANDA is a legal practitioner and a partner at Maunga Maanda And Associates. He writes in his personal capacity. He can be contacted on +263 772432646
