January 2012 Volume 39, Constitutional Indaba
New Zimbabwe Constitution problems mount
The publication of the COPAC national report has caused an uproar, with Zanu PF and MDC-T prontagonists throwing counter accusations at each other as the more problems mount in the constitutional reform process.
The drafting process of the new constitution has once again come under the spotlight with MDC-T spokesperson, Mr. Douglas Mwonzora saying the COPAC national report published in the media is fake, while Co-chairperson Munyaradzi Paul Mangwana of Zanu PF says the document is a true reflection of the people’s views gathered by COPAC.
"The document you want to call COPAC national report is fake," said Mr Mwonzora.
"The document you have seen in the media today (Friday) is indeed a COPAC national report and it carries the true aspirations and views of the people of Zimbabwe that were gathered by COPAC during the outreach programme," Mangwana said.
Zanu PF loyalists masquerading as political analyst, Goodson Nguni said it is unfortunate that MDC-T has been caught napping in its fight to smuggle issues of homosexuality and gay rights much to the disappointment of its Western sponsors.
"The MDC-T wanted to smuggle rights for homosexuality so as to please their western masters who everyone is aware they bankroll them," said Nguni.
Efforts by Zanu PF to delay the constitution-making process were this week exposed after it emerged that claims of drafters’ incompetence and political party activism were unfounded.
It emerged yesterday that Zanu PF officials were left with an egg on their faces after the drafters met the constitution select committee to discuss the said allegations.
MDC spokesperson and party point man at the Constitution Select Committee, also known as Copac, Douglas Mwonzora, said the meeting absolved the three drafters, namely former Zimbabwe High Court judge Justice Moses Chinhengo, Priscilla Madzonga and Brian Crozier of any wrongdoing leaving the Zanu PF members in the committee embarrassed.
The former ruling party had claimed earlier during the week that there was need for new drafters as the current crop of drafters was championing the MDC agenda.
This emerged after the drafters released drafts of the first four chapters of the draft constitution which they handed over to Copac recently.
Zanu PF then went into overdrive, vilifying the drafters and claimed it had lost confidence in the drafting team.
“The Constitution Select Committee (Copac) met yesterday (Thursday) to discuss a number of issues on the constitution and also to review the drafts that have been produced by the drafters of the constitution,” Mwonzora explained.
“Contrary to allegations that the three drafters had acted outside the mandate given to them by the select committee, it emerged that the drafters had indeed acted within the mandates given to them by the select committee and therefore the drafters were cleared of any wrong-doing,” he added.
He said that the drafters had been allowed by the select committee to glean constitutional provisions from the documents they had been supplied with by the select committee.
The drafters, Mwonzora said, had also been empowered by the select committee to read far and wide in search of other constitutional provisions applied by other countries.
“The drafters were given the leeway to draft the constitution based on documents we gave them as well as research they would make in terms of other constitutional jurisdictions.
“Arising from the discussions from the meeting yesterday (Thursday), the select committee reached an agreement that the drafters were still within the limits that we set out for them and that the allegations of propagating an MDC agenda or otherwise, were unfounded,” Mwonzora said.
What has further made the episode dramatic is the fact that a recording of instructions that were given to the drafters was played at the meeting on Thursday, further dampening the Zanu PF’s argument of the drafters’ untoward behaviour.
“We have seen also a video recording of the instructions that were given to the drafting team when it started working,” explained Mwonzora.
“Zanu PF’s Paul Mangwana himself read out some of the instructions and from the drafts produced so far from what we have, we all realise that what we have is a product of largely the instructions we gave to the drafters,” he added.
Information reported suggests that the drafters have been given the green light to continue with their work. The drafters would commence work on 3 January next year.
“The drafters are commencing their work on the third of January next year. We have agreed that they will now relocate to Nyanga where they are going to do their work. They have been advised to disregard any instruction that is given to them by any member of the select committee that does not bear the signature of any other two members of the co-chairpersonship of Copac."
“This is aimed at minimising confusion and chaos that has been created by some members of the select committee,” Mwonzora said.
Efforts to seek explanation from party point man, Mangwana, on how the party had lost confidence in the three hit a brick wall on Monday after the Zanu PF official denied ever claiming his party’s loss of confidence in the three.
Instead, Mangwana said there was no basis for him to make such a claim as his party had been in agreement with the drafters’ results as well as their appointment.
“We have no qualms about what these people (drafters) are doing and have done so far,” Mangwana said.
“It is a fact that we agreed on the appointment of the three, their terms of reference and what they have produced so far is in line with what we had agreed they should focus on,” Mangwana said.
