HARARE - Patrick Chinamasa, Zanu (PF)’s principal power sharing talks negotiator and deputy legal affairs secretary, has left no doubt about the fate of the constitution-making process.

At a roundtable debate with the fiercest critic of the Constitution Select Committee (COPAC) process, Lovemore Madhuku, Chinamasa said Zanu (PF) would oppose any draft constitution that did not reflect his party’s views. Reports by local and international rights groups on previous ZANU (PF) campaigns that have killed hundreds of people are instructive.

“If the outcome does not faithfully reflect what the people (read Zanu (PF)) have said, you can be sure that Zanu (PF) will say NO. If people (One asks: which people?) seek to manipulate what people (One may ask again, which people?) are saying, you can almost decide what our position would be.

So it is not surprising we may find ourselves on the same side with Madhuku but for completely different reasons,” said Chinamasa, who is also the Minister of Justice and Legal Affairs as he was addressing journalists at the Harare Press Club last week.

So the constitution must reflect the wishes of Zanu (PF) for it to pass the referendum?

There have been concerns from civil society organisations on whether the COPAC process will bring out a new constitution that reflects Zimbabwe’s desires.

“We are going to the people saying: No gay rights in the (new) constitution. People understand that… We are going for a referendum. As far as we are concerned we have not made up our minds whether to campaign for a YES or NO because
we do not know what the outcome will be,” added Chinamasa, to the shock of the audience.

The Justice Minister confirmed that his party had been coaching people on what to tell COPAC outreach teams, something that Madhuku said provided further evidence of manipulation.

“Only four or five people speak, even if there are 400 people or more (at the COPAC outreach meetings). Their presentations are surrounded by the issue of the President,” said Madhuku, whose organisation, the National Constitutional Assembly (NCA), successfully campaigned for the rejection of the 2000 draft constitution that left executive powers intact with the Presidency.

He added: “I can assure you that they (Zanu PF) will be campaigning for a YES vote only on the basis (that the President’s powers are not toned down). At the end of the day we will have a constitution which is around the Kariba draft constitution.
“Our President will not accept a constitution which does reflect what he has been telling the Zanu (PF) Central Committee.”
The constitutional lawyer said it was only President Robert Mugabe who could subject a draft constitution to a referendum.

“There will be no discussion with the Prime Minister. The President of our country-we all know him-will not send to referendum something which does not reflect the views of his party. What we will get is a constitution that will serve the interests of ZANU (PF) or the ruling parties,” said Madhuku.

In 2000, the NCA campaigned for a NO VOTE saying the constitutional process then headed by Chief Justice Godfrey Chidyausiku was flawed and had ignored people’s views. It already seems that is where Zimbabwe is slowly headed for.

by ZLHR Legal Monitor