honour the outcome of the outreach programme and that the people’s views would form the basis of the constitution.
The constitution making process was ideally adopted as a concept of liberating Zimbabwe from the colonial legal system; making sure that African values, cultures and principles are preserved.
The sovereignty of any state is maintained by a soundly written constitution. However, for the constitution to have a sound legal framework, that safeguards the national domestic and foreign interests, the writers, must have in themselves, the right legal attitudes, values, cultures and principles that resonate with the national vision.
Most of Zimbabwe’s legal expects’ legal views, analysis and interpretation is skewed towards enhancing western cultures. A good contemporary example is where most legal expects view the land reform program as land “grab”.
This kind of analysis does not allow the prosecution of a legal revolution that removes oppressive laws.
Most of the legal practitioners who support the MDCs believe land reform was a draconian law espoused by Zanu-PF. They fail to read the need for the country to wage a legal revolution in order to replace the oppressive colonial laws.
It must be known by every right minded Zimbabwean that Zimbabwe was not liberated by hired people.
It was liberated by selfless, dedicated and revolutionary devoted freedom fighters and the masses of Zimbabwe. The same cannot be said of Copac and its drafters. The constitution making process derived its authority and mandate from Article VI of the Amendment number 19 of the Constitution of Zimbabwe.
In that amendment, it is clearly stated that the “purpose” of making the Constitution “must” be “owned” and driven by the people. It is therefore naïve for drafters, men of legal aptitude to largely draft the Constitution using borrowed ideas, cultures and principles.
The drafters, as constitutional lawyers should largely refer to this amendment and the national report for legal and procedural guidance.
It must be noted that Malawi and Kenya did not go through the same process of liberation like Zimbabwe.
Thus the founding principles cannot be the same.
To leave out most of the indigenous languages as languages of record should be viewed as treacherous.
Drafting a constitution basing on foreign values, cultures and principles could be viewed as deliberately negating the legal revolutionary process set out to liberate the colonial legal legacies. It is instructive that land was the main cause of the liberation struggle. It is the resource for which many Zimbabweans died and were maimed for.
It is also hoped that the drafting team would have known that Rhodes and the Pioneer Column would have not colonised Zimbabwe and Ian Douglas Smith would have not declared Independence in 1965, if land was not what they wanted to grab.
After 30 years of colonising Zimbabwe, Smith wouldn’t have asked the likes of Crozier to draft a Constitution that allowed settlers to grab land, cattle and goats including cats if land was not a constitutional issue that could not be solved by a constitution.
Judges Chinhengo and Madzonga, have apparently failed to advance an African agenda in the constitution.
They refused to be superior in numbers and accepted to be inferior in race, colour and quality of work that they produced. They refused to stand the heat and be counted as the first legal experts to write a home-grown Constitution.
On the other hand, Crozier, proved to be a shrew legal expert who was wit in all his legal dealings.
He managed to easily buy off the two learned judges to claim a pole position and advance the Anglo-Saxons’ regime change agenda.
As an ex-Rhodesian legal expert, representing MDC-T in the Copac, managed to use the American dollar to blind the other two drafters from seeing and recognising the peoples’ views.
The four chapters of the Constitution, presented by the drafters to the co-Chairs and duly published in the Herald, clearly demonstrate the hypocrisy of the MDC formations. These two sister organisations that call themselves the Movement for Democratic Change, can easily be called Movements for the Destruction of the Country because of their treacherous political activities. The sovereignty of Zimbabwe remains heavily threatened by the atomic legal minds of Douglas Mwonzora and the drafting team.
Our nation has been wantonly besieged by the legal gymnastics of the MDC formations under the legal tutorship of Professor Ncube and Douglas Mwonzora.
It is difficult to imagine that Mwonzora comes from Nyanga where one of the finest legal brains, to ever come from Africa in the likes of Barrister Herbert Chitepo hailed from.
One would think it was easier for Mwonzora to idolise Cde Chitepo, vigorously liberating Zimbabwe from legal slavery than to sell out.
To ever think Mwonzora comes from Nyanga were national heroes like Moven Mahachi, Chief Rekai Tangwena hail from, boggles the mind.
To think that Mwonzora comes from the land through which Cdes Mugabe and Tekere crossed into Mozambique to liberate Zimbabwe, only equates him to the worst traitors like Tsombe, Mobutu and Savimbi.
I find it incomprehensible to see Mwonzora and the two African legal drafters helping Crozier advance borrowed cultures of homosexuality.
It is amazing how these three cannot find resonance with the liberation and African values, cultures and principles. In one of my articles titled “Academic Selous Scouts hurting Zimbabwe”, I labelled such characters like Mwonzora, Chinhengo, Madzonga, and Advocate Matinenga academic Selous Scouts who resemble the notorious Rhodesian Selous Scouts. I hope Zimbabweans now see the reason why I call such characters Selous Scouts.
These educated persons of negative characters, are men and women who have acquired their academic knowledge sumptuously through Zanu-PF’s education for all policy enunciated in 1980.
The greatest Jamaican singer, Bob Marley said, “Emancipate yourself from mental slavery.” Now, if these so called learned friends cannot legally behave in advancing an African agenda, like Barrister Chitepo and Dr Edson Zvobgo did, who is going to legally liberate Zimbabwe from legal slavery?
The cultures and principles of the UN humanitarian law, Human Rights, Democracy and Rule of Law were crafted and ratified by the white UN assembly when the African continent was under colonial rule.
The legal cultures and principles of 1945 were only meant to safeguard white supremacy, sovereignty and independence. It was never meant for us in Africa.
Thus Africa needs to emancipate itself from mental slavery and liberate itself from white legal oppression.
The outreach programme was a sound process through which Zimbabwe had started to liberate itself from white legal slavery. It is unfortunate that the legal liberation process has been hijacked by drafters who have opted to leave out peoples’ views thus threatening our sovereignty.
I call upon Advocate Martin Dinha of the Lawyers for Justice to resuscitate his association with a view to liberating some of our legal experts from colonial hang over. Africa needs to revamp its legal curriculum in order to accommodate African values, cultures and principles in its legal systems. We need to produce legal experts who accommodate African rights and are able to expose white legal oppression and atrocities.
Zimbabwe needs legal persons who are able to vigorously put legal issues into African perspective strongly aimed at correcting the colonial legal past in the manner legal experts like Chitepo and Zvobgo did.
It is time for us to redeem ourselves from mental and legal slavery.
Warriors meet Ambassador Katsande
Online Reporter CALM BEFORE THE STORM… Warriors officials, led by the Chief Director of Sport in the Ministry of Sport, Recreation, Arts and Culture Eugenia Chidhakwa (third from left) paid…



