THE hard-line positions taken by Zanu PF and the larger formation of the Movement for Democratic Change (MDC) on presidential term limits and the retention of the Prime Minister’s post may prove to be the Achilles heel for the troubled constitution-making process, which sluggishly went into gear last week.

The new constitution — to replace the transitional supreme law adopted at independence in 1980 — is one of the main deliverables for the hybrid government formed by President Robert Mugabe 16 months ago.
The Constitutional Parliamentary Committee (Copac) programme is already way behind schedule to produce a new supreme law for the country by April 2011 and the next three months of public consultations could be the turning point for the transitional government.

Attempts to re-write Zimbabwe’s constitution floundered a decade ago after Zanu PF tried to push for radical clauses on land reform and ignored popular calls for a cap on presidential term limits.
Zimbabweans had placed their hopes on the new constitution to bring an end to Mugabe’s tortuous rule as previous attempts to push him out through elections had drawn blanks.
The then newly-formed MDC and civil society groups joined forces to deliver a crushing defeat to the government draft constitution in a no vote campaign during a referendum in 2000.
Initially Mugabe accepted defeat but the rejection of the draft constitution marked Zimbabwe’s descent into a culture of political violence that was temporarily halted by the formation of the unity government that saw MDC-T leader Morgan Tsvangirai becoming Prime Minister.
Analysts last week warned the issue of presidential term limits may come back to haunt the latest attempt to produce a new constitution because of the serious tug of war between Mugabe and Tsvangirai.

Zanu PF, which appears resigned to having Mugabe at the helm until he drops dead has succumbed to calls for presidential terms to be limited to two but with a little provision for this to only apply after the new constitution is adopted.
The party in its position paper prepared ahead of the outreach programme wants the president’s powers diluted by the Global Political Agreement (GPA) that underpins the unity government restored.
MDC-T in a position seemingly targeted at Mugabe — the only leader Zimbabwe has known since independence — says on top of restricting an individual to only two terms as president, the new constitution should bar anyone who has previously held office for two terms.
The former opposition party also wants the president to share executive authority with the Prime Minister and Cabinet. Zanu PF wants an all powerful president and the constitution to do away with the PM’s post.
Crisis in Zimbabwe Coalition (CZC) said the few meetings it had observed in Bindura were filled with tension and supporters of different parties were forced to read from scripts, a clear indication of the high stakes in the exercise.

Jack Zaba, a Harare-based political analyst said it was clear that Zanu PF was using the constitution-making process to try and recapture its lost support and manage Mugabe’s succession.
“The issue here is not necessarily whether Zanu PF wants a two-term presidential tenure or not,” Zaba said. “They are clever enough to use an acceptable entry.
“They know that no one would dispute the issue of a maximum two tenures for a president, which is a universally celebrated norm.
“The crux of the matter is on the last part of the clause which intimates that the new provision should become effective only when and as the new constitution will be in force and not to have a retrospective consideration.”

Mugabe has declared his readiness to stand in the next elections soon after the new constitution is adopted. Barring any miracles, he will face Tsvangirai for the third time since 2002.
In 2008, Tsvangirai beat Mugabe in the first round of the presidential elections but failed to attain the 50% plus one vote to claim the presidency.
He was forced to pull out of the second round on June 27 after Zanu PF hardliners regrouped to ensure Mugabe ran unchallenged amid bloodshed at levels last witnessed during the Gukurahundi era.
Critics believe Zanu PF is now convinced its survival depends on Mugabe and the party is ready to perpetuate his rule at whatever cost.

“I acknowledge that Zanu PF has a grand plan to lay the ground for the perpetuation of Mugabe’s rule, at first by ensuring that he is not affected by the apparently popular need to have term limits and secondly by putting in place mechanisms to insulate Mugabe from any power contestations from within his party,” Zaba added. 
“Mugabe and a section of bootlickers around him want to see his tenure terminated by his death.”
Zanu PF has demonstrated that it would not hesitate to use violence to push through its position.
After fighting a losing battle in trying to impose the Kariba Draft constitution that would have left Mugabe’s powers intact and allowed him to serve as many terms as he wants, Zanu PF has resorted to desperate measures such as coaching its supporters on what to say during the outreach.
Those who fail to heed the party’s instructions risk cruel punishment that may include torture and losing vending stalls.

United Kingdom-based Zimbabwean academic, Brilliant Mhlanga said the impasse between Zanu PF and MDC-T over presidential terms and the PM’s post in the new constitution was always going to arise in a process led by politicians.
“I should highlight that the idea of a maximum of two terms is not a bad idea, no matter whether it is said by the devil himself or an angel, it remains a progressive idea,” Mhlanga said.
“This is why we argued that a constitution is good when it is people driven, because the basis of constitution making is that we do not trust politicians.”

Zaba said it was inevitable that during the constitutional reform process people would fail to separate a political office from its present occupant, making it a battle between Tsvangirai and Mugabe.
Other issues likely to take centre stage during the constitution-making process are gay rights, indigenisation, the land issue, human rights and other democratic reforms.

By The Standard