adminfurther exacerbated by the extracts in various media outlets. Our senior reporter Fortious Nhambura spoke to Copac spokesperson Ms Jessie Majome to find out more about the constitutional making process
FN: Madam, our readers want to know how far has the process gone? At what stage is the constitution making process and when can they expect a new constitution?
JM: Sure, I also believe they have a right to know, as this is their process. Copac has made a lot of progress. In fact let me say we are at an advanced stage as regards our mandate under Article VI of the Global Political Agreement which is preparing a draft constitution for Zimbabwe.
We are now at the drafting stage and at a very advanced stage of the drafting – in the final stage. We have more or less 80 percent of the content of the first run of the proposed draft constitution. This is complete and Copac is working on few areas that are still outstanding. What is left are some of the content that is contentious.
It is important that Zimbabweans know that the writing of the constitution is not an event but a process that goes through numerous rehearsals. It is like an artist performing. You start off stage, device a performance, perfect and perfect it until its fit for public consumption.
The issues have to be debated and consensus reached. The tripartite nature of our Parliament by no means a consensus has to be found.
It is necessary that the parties find each other in process. Possibly by the end of March we will have a final draft proposal of the country’s constitution to take to the Second All Stakeholders’ Conference.
FN: So when should we expect the Second All Stakeholders’ Conference?
JM: Immediately after the finalisation of the draft constitution. Given the nature of the process it is difficult to give a precise date but I may say beginning of March onwards we should have the conference. It will, however, take sometime to prepare the Second All Stakeholders’ Conference.
We will have to devise means that ensure all Zimbabweans have a say in the country’s constitution. The process requires meticulous planning to carry everyone’s views aboard, we are talking of 2 000 people and that means devising a formula, manage the politics and logistics for such a number is no mean business. Rushing is not necessarily the best way of doing it. It is not the efficient and successful way to holding the 2nd All Stakeholders Conference.
FN: There are complaints that parts of the documents believed to be coming from draft constitution and printed in the media are not coming from the national report?
JM: The proposed draft is coming from the national report, a record of what was gathered during the outreach programme. Drafters cannot use everything that was said during the outreach because some of the views collected were demands on policy, some on health, distribution of anti-retroviral drugs and farming inputs.
People spoke in forked tongues, they had different views over the same issues i.e death penalty and dual citizenship. We cannot give drafters that report because that would mean they would come up with two constitutions.
A consensus has to be found on what we should have in the constitution. Of the 80 percent of the content of the draft constitution we have reached consensus in 90 percent of issues expect on a few sticky areas such as the death penalty, devolution of powers and dual citizenship.
As Copac, we are agreed in principle and are determined to see off the entire process. We started when were poles apart, when it was difficult to seat next to each other but we got to a point of saying we have been entrusted with a responsibility by Zimbabweans.
We have no differences in principle but in opinions. We are agreed on the 24 constitutional principles of which the draft is being made. These are our compass, we might differ at the vehicles to be used but we have a general direction. We know what is good for Zimbabwe but differences on how to achieve that.
FN: It seems we have a document that is being circulated in the media already, is this the draft constitution?
JM: It is not the actual draft constitution. At the moment we have no draft constitution but many preliminary drafts. This could be one of them. What we have now are preliminary drafts of parts of the constitution. They are continuously changing until we have a perfect piece for Zimbabwe. I have not sat down to read what is in the paper but from what I saw its one of the preliminary drafts of the constitution.
FN: All things being equal when should we expect the Second All Stakeholders’ Conference
JM: I can declare that in the year of our Lord 2012, the people shall decide on the constitution of Zimbabwe in a referendum. If they say yes Zimbabwe will then have a new constitution but if they say no, we will not have one. We will have a draft constitution by the end of February or hopefully in the first half of the year. It’s a thumb sucking exercise and I can’t give a precise date. That will be end of March or April. There are other issues beyond Copac like the Second All Stakeholders Meeting and the referendum.
After the stakeholders meeting we will then prepare a report that will be submitted to Parliament. There will be corrections and debating in Parliament.
There are other constitutional requirements that need to be followed during amendments of the constitution like being gazetted for a month before the referendum and another month after.
We are agreed on what should be in the constitution and what we are heckling about is the detail. Like they say the devil is in the detail. The referendum depends on the readiness of our electoral bodies.
FN: There are allegations that Copac is a gravy train, its alleged that you are taking time to complete the constitutional making process in order to get allowances. What is your comment?
JM: This is the most difficult way of coming up with a constitution Zimbabwe has chosen. It is a political process and it is not easy. This is an emotive issue and will not be done in hurried manner.
FN: Does Copac has enough resources to complete the remaining stages?
JM: We have been promised enough resources for the process from Government. It has assured us that the reserves are there for the completion of constitutional making process.
Hopefully they will fund the second all stakeholders meeting and meetings of stakeholders in provinces to increase participation. The funding is coming from Government and its partners. The partners have matched what Government has put on the table. I want to agree it will take a lot of money and time to organise these meetings.
FN: How far true are allegations that the whole process is divided along political lines? Is the house divided?
JM: We are not divided. Yes we have differences but these are being dealt with by the Copac Management Committee. We will work these out. If these fail probably we will take them to the principals. If we genuinely work together we will resolve our differences without involving the principals.
Our differences are sometimes exaggerated. This is a political process and such experiences happen. We however have fundamental principles and are working on these differences.
FN: We understand this was supposed to be a people driven constitution but now we hear that you as Copac are negotiating some of the provisions? How then does it remain people-oriented?
JM: Negotiations are not directed from party headquarters but are about positions on what people said during the outreach. The negotiation is about the issues that came from the people. It is in the context of trying to come up with resolutions to what was raised. These are not party driven agendas.
FN: What safeguards are there to ensure the process remains people driven?
JM: The majority of the participants are from the civic society. In all our committees the minority will always be the politicians. We will ensure those who are not invited do not dominate meetings. The 1st all stakeholders was a hard lesson for us. We were caught napping that time.
Copac is going to ensure enough security and that people who are mandated to be there are present during the second stakeholders’ conference. We are putting in place mechanisms to ensure it will be orderly and people participate freely.
Online Reporter