Uproar over draft constitution

Zimbabwe’s controversial constitutional reform process ended in uproar on Monday when a draft constitution, adopted by a government-appointed commission, was described by dissident commissioners as reflecting the wishes of the ruling party rather than the views of Zimbabweans solicicited across the country over several weeks.

In the final plenary session in Harare’s international conference centre, cries of “No” reportedly greeted a declaration by the chairman of the 400-member commission, judge Godfrey Chidyauski, that the draft was adopted “by consensus and by acclamation”, denying a vote on the document.

The commission - weighted heavily in favour of ZANU-PF and ruling party sympathisers - was created in May in answer to demands to reform an “outdated” constitution which vests immense power in the hands of the presidency. In countrywide meetings, some 100,000 people were canvassed for their views on what the government said should be a “people-centred” magna carta.

However, the 106-page draft presented to President Robert Mugabe on Monday by the commission reportedly rejects major proposals contained in the survey report to restrict the powers of the presidency, introduce an executive prime minister, or cede significant power to parliament. Dissident commissioners, who have signed a protest petition, said the committee dealing with the key political aspects of the draft instead regurgitated ZANU-PF’s position.

Welshman Ncube, spokesman of the National Constitutional Assembly (NCA) which boycotted the government’s reform process said the commission was “always a ZANU-PF affair” and the independent commissioners who “thought they had a say are left licking their wounds.”

He told IRIN: “Unfortunately, it does not give us any pleasure to say, ‘we told you so’.”

Mugabe in May pledged that the draft constitution would go to a referendum. But Ncube pointed out that no referendum bill has been prepared, “and all we are left with is a promise.” He said four options remain: Mugabe could reject the draft and demand a fresh one based on the survey report; he could order changes to controversial elements in the draft; he could put the document directly to a referendum; or, he could have it enacted by parliament without a referendum.

“The ball’s in Mugabe’s court. All we can do is wait and see how he’ll exercise his discretion,” Ncube added.