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Information for the Constitution Referendum
This post contains information compiled
from various sources in advance of the constitution referendum to be held on
Saturday 16 March, including:
Reading the
constitution
Veritas mobile phone
app - http://www.constitution.veritaszim.net/
Veritas have made available a mobile
phone app that will allow you to read and browse the constitution on your smart
phones.
This app is compatible with the following mobile
phones:
- Nokia mobile phones on 5th edition of the
series 40 platform and later
- Android mobile phones running Android
version 2.2 (Froyo) and later
- Blackberry mobile phones running BB OS
version 5.0 and later
The app is also compatible with the following
tablets:
- Blackberry Playbook running BB OS version
2.0 and later
- Android tablets running Android version
2.2 (Froyo) and later
Visit constitution.veritaszim.net for more
information and links to download the app.
Sokwanele:
Constitution and Referendum Resource page
http://www.sokwanele.com/zimbabweconstitution
Sokwanele has complied a constitution resource page that will
allow you to browse the constitution online. Our page provides browsable access
to a range of constitution documents (from the National Constituional Assembly's
2001 draft to COPAC's 2013 final referendum draft). These have been indexed so
you can read through and cross-compare accross all documents on a clause by
clause basis.
We have provided simple access to all blog posts we
have published that advocate for a 'Yes' and 'No' votes to help you easily
access the arguments. Our resource also provides links to documents to
download, and we maintain a regularly updated blog section featuring referendum
and constitution news.
We have an online video to guide you on how to use the
page: https://vimeo.com/61617901
We have provided a further feature for those who want to know more
about the 'political compromise' process. Zanu PF's approved amendments are
available in indexed frormat, and we have highlighted all edits in the July 2012
COPAC draft to show the further changes that took place through negotiations and
compromise.
COPAC
http://www.copac.org.zw/
The COPAC website provides access to the
constitution by chapter.
Kubatana
http://www.kubatana.net/html/archive/archspecialentry_index.asp?spec_code=090707constdex§or=DEMGG
Kubatana provide a range of useful links on their referendum page,
including details of polling stations, plus documents, news and
information
Twitter
http://twitter.com
Chat with other Zimbabweans about the constitution using the
#263Chat hash tag
Voting in the
referendum
Entitlement to
Vote
Every Zimbabwean citizen who is 18 years or above on
polling day is eligible to cast a vote on presentation
of:
- a Zimbabwean national identity card or
waiting pass showing that he or she is a citizen, or
- a valid Zimbabwean passport showing that
he or she is a citizen.
Warning for Zimbabwean citizens still
holding “alien” id cards – you need to get a new id if you want to vote in the
referendum. If you have been become a citizen since getting your ID card, ZEC
advises that you visit the Registrar-General’s Office to obtain either a new ID
or waiting pass showing your Zimbabwean citizenship. Your certificate of
citizenship will not be accepted at a polling station as proof of eligibility to
vote in the referendum; ZEC acting chairperson Joyce Kazembe categorically
stated this on 8th March. [ZEC has confirmed that it has specifically retracted
its earlier position that a certificate of citizenship, plus old alien ID, would
be accepted as proof of eligibility, as stated in Constitution Watch
11/2013.]
Documents Needed to
Vote in the Referendum
At the polling station a voter must be
able to provide proof of eligibility to vote. The new regulations stipulate
what documents are needed [Regulations, section 3]. All the voter needs to do
is to produce one of the following documents, on which “it is legibly shown that
that the person is a citizen of Zimbabwe of or over the age of eighteen [18]
years”:
- a Zimbabwe national identity document
[except IDs of non-citizens – see more below] issued in terms of the National
Registration Act [metal or plastic]
OR
- a “waiting pass” which includes a
photograph of the holder. A waiting pass is the document that one gets when
applying for a national ID and that serves as proof of registration until the ID
itself is received.
OR
- a valid Zimbabwean
passport.
What about an ID that indicates holder is
not a citizen? As IDs are compulsory for all residents, including non-citizens,
IDs held by non-citizens indicate this status by an “A” or “ALIEN” at the end of
the ID number. This type of ID is not sufficient for the purpose of voting. If
the holder of an alien’s ID has become or been recognised as a Zimbabwe citizen
since it was issued, he or she will have to produce proof of that fact to the
polling station officials, e.g. a certificate of registration as a citizen or a
certificate of citizenship issued by the Minister of Home
Affairs.
Driver’s licences not sufficient A
driver’s licence cannot be used [Regulations, section 3(2)]. This is because a
driver’s licence does not officially state the holder’s citizenship.
Polling
Stations
There will be 9 449 polling
stations countrywide. Provisional lists of all the polling stations have
already been published as supplements to daily newspapers – though difficult to
read the fine print. The final list must be published in the press at least 48
hours before the date of the Referendum, i.e., before midnight on Wednesday 13th
March, which means it will have to be published in the Wednesday papers.
[Referendums regulations, SI 26/2013, section 6(4), which also says the list
must be published in the Government Gazette and on the ZEC website www.zec.org.zw – which, at the time of writing, seems to be
inactive].
Ballot
Papers
ZEC has said that 12 million ballot papers are being printed. The
plan is that each polling station will be supplied with twice its estimated
needs. ZEC also has contingency plans in place for prompt delivery of extra
ballot-papers to any polling station showing signs of running out of ballot
papers. The Air Force will assist if necessary.
Polling Times: 7 am
to 7 pm
People already in the queue waiting to cast their votes at 7 pm
will be allowed to vote after 7 pm. There is also provision, in section 6(5)
of the Referendum regulations, that if a polling station cannot be opened on
time at 7 am, the returning officer will open later and extend closing time to
ensure that voters have at least 12 continuous hours in which to cast their
votes at that polling station.
Voting
ZEC will have posters in every polling station displaying the
Directions to Guide Voters in Voting spelled out in the Second Schedule to the
Referendums regulations, which are as follows:
Directions to guide
voters in voting
1. A voter may only vote
once.
2. When a voter has received a ballot paper, he or she must take
it to the compartment provided for the purpose. In the compartment the voter
must indicate on the ballot paper whether or not he or she is in favour of [here
state the question or issue that is to be decided at the
referendum].
If the voter is in favour, he or she must
make a cross in the rectangle opposite the word “YES” like
this-
If the voter is
against, he or she must make a cross in the rectangle (box) opposite the word
“NO” like this-
3. The voter must then fold the ballot paper so that the official
mark can be seen and the cross he or she has made cannot be
seen.
4. The voter must then go to the ballot box, hold the ballot
paper up so that the returning officer can recognize the official mark on it,
and must then drop the paper in the ballot box in front of the returning
officer.
5. A voter MUST NOT sign his or her name on the ballot paper, and
MUST NOT make any mark on it that might reveal his or her identity. If a ballot
paper is signed or has such a mark on it, it will be considered a blank ballot
paper and will not be counted.
6. If a voter inadvertently spoils a ballot paper, he or she may
return it to the returning officer, who may give the voter another
paper.
Voting by Illiterate
or Physically Handicapped Persons
Section 14 of the new Referendums Regulations states
that section 59 of the Electoral Act will apply [complete text of Act available
from veritas@mango.zw]. This means that
illiterate or physically handicapped persons may be assisted to vote in either
of the following two ways:
Assistance by person chosen by voter
An illiterate or physically handicapped person will be permitted
to select someone else to assist him or her in exercising the vote. The
selected assistant need not be a registered voter, but must be at least 18 years
old, produce proper identification and sign a register. An accredited observer
cannot act as an assistant, nor can one individual assist more than one voter.
Assistance by ZEC
polling station returning officer
If no assistant has been selected by a voter, he or she will be
assisted by the returning officer in the presence of two other electoral
officers or ZEC officials and one police officer on duty at the polling station.
Every instance of assisted voting must be
recorded in the Protocol Register [see below].
Polling Station
Registers
Voters Register
The returning officer of every polling station will keep a Voters
Register recording the name, ID particulars, date of birth and gender of
everyone who is given a ballot paper to vote at that polling station.
Protocol
Register
This is a separate register in which the returning officer must
record:
- the names of persons who have not been
allowed to vote because not eligible
- every instance of assisted
voting
- noteworthy occurrences within or in
connection with the polling station.
Registers remain secret after the
poll
The registers are not public documents open to later inspection.
They are treated as secret. After the counting of votes at the polling station,
the Voters Register is placed in a sealed packet by the returning officer, as
are the used ballot papers. The sealed packets are then placed in the ballot
box which is sealed in its turn. The ballot box remains sealed thereafter. The
seals may be broken and the contents accessed only under the authority of an
order of the Electoral Court.
Many Zimbabweans unaware
of impending referendum
The referendum is taking place ahead of general elections slated
for July
HARARE, 13 March 2013 (IRIN) - On 16 March Zimbabweans
will vote in a referendum on whether to adopt or reject a draft constitution for
which the three major political parties have publicly endorsed a Yes vote.
The writing of a new constitution
was one of the requirements of the Global Political Agreement (GPA), which
formed a power-sharing agreement between President Robert Mugabe's ZANU-PF party
and the two factions of the Movement for Democratic Change (MDC), following the
violently contested presidential elections of 2008.
After the referendum, Zimbabweans
will vote in general elections slated for July, either under a new constitution
or the current one.
“Sweeping powers”
A large cross-section of society -
including women, war veterans and the youth - have given the draft constitution
a thumbs up, but Lovemore Madhuku, chairperson of the civil society group
National Constitutional Assembly (NCA), said the fact that all three political
parties support a Yes vote on the referendum should sound alarm bells.
“The three political parties are
seduced by some of the constitutional provisions which safeguard the president
from answering questions in parliament," said Madhuku, whose organization is
encouraging Zimbabweans to vote No on the new constitution. "The current draft
does not change the features of the current constitution in terms of
presidential powers; the office will still retain sweeping powers.”
The NCA has approached the Supreme
Court to have the date of the referendum postponed, arguing that Zimbabweans
have not had enough time to study the draft. The NCA opposed the drafting
process from the beginning, saying it should not be led by political parties but
by an independent constitutional commission.
Tecla Chisvo, a 55-year-old farmer
in Chegutu, Mashonaland West, said she was unhappy with both the process of
drafting the new constitution and its final form and would vote against it.
"During outreach and consultation
meetings, we were told by political party representatives what to say in terms
of what should be contained in the constitution. That obviously meant what we
wanted included was not accommodated. Even now, it is political parties that are
telling us to vote Yes," said Chisvo.
Jabulani Sibanda, chairperson of the
militant National Liberation War Veterans Association, which is closely allied
with ZANU-PF, told IRIN that they would vote in favour of the draft.
“There are so many things that we
are not happy about in this draft constitution, but like many constitutions or
agreements, we have to negotiate with representatives of our former colonizers
and the devils amongst ourselves. We will vote Yes in the referendum and allow
it to pass because we will win the next elections by a huge majority. We can
always make progressive amendments in parliament,” Sibanda said.
Many unaware
The Constitution Select Committee
(Copac), a coalition of parlimentary representatives from the three parties, had
initially printed only 90,000 copies of the draft constitution for a country
with a registered voting population of more than 5 million.
Of that figure, 70,000 were in
English and 20,000 in local languages. They also printed 200,000 abridged
versions of the draft constitution in the different languages.
"People have not seen the draft, and because the entire
process was politicized, people generally shunned the process and lost interest"
Noma Dube, a civil servant in Matabeleland South, told
IRIN that rural communities were largely unaware of the impending referendum.
"There has not been adequate publicity around it. People have not seen the
draft, and because the entire process was politicized, people generally shunned
the process and lost interest."
The greatest outcry has come from
people living with disabilities. Abraham Mateta, a visually impaired legal
expert, told IRIN that Copac had only printed 200 Braille copies of the draft
constitution for a population of 40,000 blind people.
“The current draft constitution is a
sad reflection of Zimbabwean attitudes towards people with disability," he told
IRIN. "To start with, the inputs from people with disabilities during outreach
meetings were ignored and welfarist and charity models adopted.”
He said this would relegate people
with disabilities to chores such as shoe mending and making baskets.
Said Mateta, “While the draft is
clear on what interventions the State should make with groups such as the youth,
elderly and war veterans, on disability, it says interventions shall be made
subject to availability of funds, which clearly implies that disability is
expensive and that disabled people are second class citizens.”
[This report does not
necessarily reflect the views of the United Nations]
Wilbert
Mukori – Before you vote in the referendum
http://www.swradioafrica.com
Posted by admin on Wednesday,
March 13, 2013 in Featured, Wilbert on
Wednesday | 0
comments
Opinion:
By Wilbert Mukori
13 March 2013
Good evening
my fellow Zimbabweans. This is the last time I will be speaking
to you
before you vote in the referendum to accept or reject this Copac
constitution, this dictator’s creed, whitewashed with the colours of
democracy. I would want to address some of the falsehoods and downright lies
to get you to vote yes in the referendum when the nation’s true interest
says you must vote no.
“I think it is criminal for any nation to spend
the amount and extent of
resources [financial, human and time] as has been
the case in the
Constitutional Reform processes in Zimbabwe, twice in 12
years!, and still
have nothing to show for it.” This was one of the five
reasons Teresa
Mugadza, the Deputy Chairperson of the Zimbabwe
Anti-corruption Commission,
gave why she was going to vote yes in the
upcoming referendum. So we will
have something “to show for it”! A sentiment
many would agree with.
In 2000 the nation rejected the Zanu PF draft
constitution and after all the
hoo-ha over this Copac constitution it is
tempting to say that the nation
will never come up with anything better than
this and so let us just accept
this one.
Historians say the people of
Troy took the Giant Trojan Horse into the
fortified City gates because after
the ten-year seige on their city by the
Greeks the people were yearning for
something to show for it. The Greeks had
failed to breach the city’s
defences and it was the soldiers smuggled inside
the giant wooden horse who
opened the city gates and Troy was reduced to
ashes.
Mugabe has done his
best these last five years to wind-up the MDC and the
nation at large with
all the false starts, disruptions, delays, etc. in this
constitution writing
process. So when Mugabe finally presented his
“dictated” Copac constitution
– it was dictated by Mugabe just as the 2000
constitution was dictated by
Mugabe – Tsvangirai and Ncube were worn out and
signed on the dotted line
with no questions asked. It is tempting for the
rest of us to follow suit;
for that is exactly what Mugabe is counting on us
to do, just as the Greeks
had counted on the people of Troy to take the
giant horse into their
city!
Like the Trojan horse, this Copac constitution is not what it appears
to be;
it has all the outward appearance of a democratic constitution, a
full menu
of all the basic rights, freedoms and liberties, except that we
will never
enjoy any of them because in it too is hidden the Mugabe and Zanu
PF
dictatorship, complete with all its dictatorial powers to deny us all
these
rights as it has done these last 33 years.
You have heard the
expression the elephant in the room, meaning an important
and obvious topic
which everyone present is aware of, but which isn’t
discussed, as such
discussion is considered to be uncomfortable. Well we
have two elephants in
Zimbabwe which we must name, discuss and deal with
decisively or this nation
is doomed.
The two elephants in Zimbabwe are Mugabe and the Zanu PF
dictatorship.
Mugabe and his Zanu PF friends are the nation’s liberation
heroes and that
is why the nation has been loathed to say anything critical
of them. But
after 33 years of gross mismanagement, rampant corruption and
an all-out
looting spree that has forced millions of our people into abject
poverty and
despair the nation has no choice but to seek change, to end this
corruption
and oppression.
Mugabe and Zanu PF are the two elephants in
the room consuming all the
wealth and resources and when the people protest
against these injustices
they are ruthlessly silenced.
The GPA, an
agreement arrived at after the nightmare 2008 elections which
saw Mugabe and
Zanu PF commit their worst ever wanton election violence, is
a SADC
initiative offering us a way to end this dictatorship. The GNU was
tasked to
implement a raft of democratic reforms designed to dismantle the
dictatorship brick by brick and use the same bricks to build democratic
institutions.
Mugabe refused to implement the reforms and Tsvangirai, out
of incompetency,
failed to push for the reforms. Implement the reforms and
you get rid of the
elephants; fail to implement the reforms and you can only
get rid of the
ticks, fleas, dandruff, etc. off the elephants’ backs.
If
people vote yes in the coming referendum then they will be voting for the
compromise solution of getting the ticks, fleas, etc. but not the elephants.
Vote no and you will get rid of the elephants; the corruption, the
oppression, the ticks, fleas, dandruff, the smell; they will all go with the
elephant!
Police commissioner General Augustine Chihuri told the top
brass in the ZRP
to ensure Zanu-PF wins the upcoming elections. He referred,
not for the
first time, to MDC as “surrogates of the imperialists that
should never rule
this country. If you are not going to support Zanu-PF, you
are not fit to be
wearing the uniform and its decorated medals.
“The time
to leave is now, if you are not going to toe the line,” he said.
There is
nothing in the Copac constitution to stop this kind of dictatorial
excesses
by the Police, Army, CIO, Judiciary and the other State Organs. The
dictatorship is very much alive and, thanks to the new found wealth from
Marange diamonds, well-funded and motivated to retain its iron grip on
power.
“There is nothing wrong in people having ambitions and discussing
political
issues with their wives,” said Mugabe last week. “They should not,
however,
tamper with the presidency, it is sacrosanct. These positions come
from God,
they do not just come.”
Yes the blasphemous arrogance of the
man is insufferable but it is,
nonetheless, the only show in town, the
reality on ground. This Copac
constitution has failed to end this
dictatorial privilege and restore that
decision firmly back in the hands of
the people, the electorate.
Many people are saying they will accept this
Copac rubbish for the
equivalent of removing the ticks when it is getting
rid of the elephant, the
dictatorship, which they should focus on!
The
promise to devolve power to regional Assemblies has been widely
supported.
Ask yourselves why local councils have made so little difference
to people’s
lives even when the MDC had won all the Council Seats, for
example. The
truth is as long as there is so much criminal waste of human
and material
resources by central government, nothing else can thrive. The
regional
bodies will suffer the same fate.
The offer to increase gender equality by
increasing the number of MPs will
not change anything on the ground because
it does not address the underlying
cause of the nation’s economic and
political problems – the corrupt and
oppressive dictatorship.
The
regional Assemblies and increased number of MPs will no doubt increase
the
size of the country’s already bloated public sector and the financial
burden
on the over taxed taxpayers.
“Copac limits the president to a maximum of two
terms in office, while the
current constitution allows the Head of State to
stand for elections as many
times as he or she likes,” MDC MP Douglas
Mwonzora’s favourite sing-song.
Poor Mwonzora, he has carried this Copac
rubbish as if he was Leonardo De
Vinci carrying the Mona Lisa!
If
Zimbabweans were not repeatedly denied their right to free and fair
elections all these years then Mugabe would have been kicked out of offices
years ago. Mugabe can rightly boast of the “presidency being sacrosanct”
even now because this Copac rubbish will do nothing to restore that basic
right to free and fair elections to the people. Having failed to secure the
people’s right to elect a president of their own choosing MP Mwonzora
expects the nation to be thankful for having dictators still imposed on us
but – and here is the bargain – each dictator will serve for a maximum
period of ten years. Only an idiot would not see they are being short
changed here!
MP Mwonzora; we do not want to be ruled by a dictator we
are sick and tired
of dictators!
The Copac constitution is not perfect,
no constitution is perfect. Many have
accepted that what is required to make
this one work is a president
committed to the rule of law, to
constitutionalism. No doubt once this Copac
rubbish is enacted, Patrick
Chinamasa will tell us the President has done
nothing to violate the
constitution when the people complain about the
continued oppression. We
will be caught in the classical situation of which
came first, the chicken
or the egg; the constitution or constitutionalism!
Be assured, all the
chickens you see out there have come from eggs and all
the eggs were laid by
chickens. A good constitution should be clear and
unambiguous in setting out
the powers, limits, the checks and balances, etc.
and it should bear in mind
those with the propensity to disregard the rule
of law. We are not asking
for a perfect constitution but one to end the
dictatorial powers of the
president and deliver and guarantee basic rights,
not just list them! That
is not an impossible task!
Some people believe that a NO vote in the
referendum will mean the nation
will immediately revert back to the
Lancaster House Constitution. They are
wrong!
The LHC was amended to
incorporate the 2008 GPA which, among other things,
calls for the reforms to
be implemented, the writing of a new democratic
constitution and holding of
this referendum. If the people therefore vote NO
in the referendum, in this
case because the reforms were not implemented and
the Copac constitution is
rubbish, then the GPA is still valid and the calls
for these tasks must be
carried out properly.
If the people vote to accept the Copac constitution
then the LHC and the GPA
will expire and have no authority and SADC’s
supervisory authority will end
too. If Zimbabweans want the reforms
implemented then they must vote NO and
thus retain the GPA and SADC
backing.
Given competent people with the political will the reforms can be
implemented and fresh elections held within a year. The alternative is to
give up the chance of forcing reforms and go straight into what is set to be
another bloody election process in which the Zanu PF dictatorship will
continue to exert undemocratic influence.
Tsvangirai and the MDC have set
their minds on a yes vote and will not
listen to reason. It beggars belief
why a party supposedly standing for
democratic change should be the one
campaigning to close the one chance to
bring about that change!
Still
every Zimbabwean can play a part in ensuring the nation is saved the
horrors
of a repeat of 2008. If each and every one of us called five people
and ask
them in turn to get five others to vote no; the no vote can win the
day. The
broken limb or lost life which will be saved, could well be yours,
a
relative, friend or a fellow Zimbabwean!
Do your bit: go and vote NO and get
five others to do the same!
To accept this Copac rubbish will be an act of
folly, comparable to that
made by the people of Troy with equally disastrous
consequences. It is the
dictatorship we want to get rid of, get rid of the
elephant and the ticks
and fleas will go with it! We have come such a long
way in our fight for
freedom and justice; do not quit now! “Nhovo inorema
yozvika!”
Remember a NO vote means democratic change in a year! A Yes vote
means
starting all over again!
Good night!
Zimbabwe's
Draft Constitution: By the Politicians, For the Politicians?
http://thinkafricapress.com
After years
of negotiations, Zimbabwe's draft constitution will be put to a
referendum
on 16 March. But is it the result of popular consultation or
political
wrangling?
ARTICLE | 12 MARCH 2013 - 5:30PM | BY SIMUKAI
TINHU
On 15 September, 2008, President Robert Mugabe was forced into
a political
union with a bitter rival: Morgan Tsvangirai of the Movement for
Democratic
Change (MDC-T). This move culminated in the Global Political
Agreement
(GPA), the foundation of the current coalition government of
ZANU-PF, MDC-T
and the smaller MDC faction MDC-M.
This uneasy
political marriage was brokered by the Southern Africa
Development Community
(SADC) and followed the bloody 2008 presidential
elections in which
Tsvangirai, having won the first round, withdrew from the
run-off citing
violence against his supporters. In addition to restoring the
economic
fortunes of the country, the coalition government tasked itself
with
drafting a new constitution.
However, while the GPA has been credited
with beginning to restore the
country’s ruined economy, the same cannot be
said of its ability to draft a
new constitution. The process has dragged on
for over four years and been
characterised by bickering, insufficient
funding and poor outreach
mechanisms.
Political interference
The
process has also been typified by political interference. The Zimbabwe
Constitution Select Committee (COPAC) has in principle led the
constitution-making process but tellingly it was the leaders of the three
main political parties – Mugabe, Tsvangirai, and Ncube – that announced the
completion of the draft constitution in January.
The first assault on
the COPAC process by politicians was when leaders of
the three parties
established, completely independently of COPAC, at least
two other
committees to resolve contested issues. Not only was COPAC’s stake
in the
process significantly compromised, but these other committees lacked
the
relevant expertise, failing in their tasks, and even failing to appear
at
scheduled sessions. As a result, political leaders, ostensibly led by
President Mugabe, took it upon themselves to resolve
disagreements.
Furthermore, when a draft constitution was published in
July 2012, it and
its amendment process soon became politicised. The two MDC
factions quickly
endorsed it, but President Mugabe, in a manner typical of
ZANU-PF’s
political playbook, set the process back by rejecting several
provisions in
it. These included provisions on devolution, presidential
running mates, the
establishment of a constitutional court, a prosecuting
authority, a clause
on a land commission, same-sex marriages, and foreign
funding of political
parties. To add insult to an injury, ZANU-PF then came
up with a raft of
other issues that it insisted had to be included such as
restoring
presidential powers and introducing black empowerment.
An
infuriated Tsvangirai claimed that ZANU-PF’s proposed draft was not “an
amendment to the draft but a completely rewritten document, which is at
variance with what the people said”. In the end however, many of ZANU-PF’s
thirty amendments – many which were not even raised in the COPAC’s ‘National
Report’ – were eventually accepted.
The new constitution has now been
adopted by parliament, and the main
political parties are encouraging
Zimbabweans to vote ‘Yes’ in the upcoming
referendum on 16 March. But with
the process having been driven by
compromise between political parties
rather than popular consultation, it
may not have captured the aspirations,
wishes and expectations of the
masses.
Just say no
It is little
wonder then that some sections of Zimbabwe expressed
dissatisfaction soon
after the publication of the document. Lovemore
Madhuku, chairman of
National Constitutional Assembly (NCA), an influential
civil society
organisation when it comes to constitutional matters, told the
media that
his organisation was breaking rank with the majority of civil
society groups
who have warmly embraced the new constitution.
The NCA’s objection is
that the process was hijacked by the main political
parties before it even
started. Once politicians got involved, the NCA
claims, the constitutional
process inevitably became an exercise in
balancing the interests of
political elites.
Simba Makoni, leader of Mavambo Kusile Dawn (MKD), the
political party which
took 10% of the votes in the first round of the 2008
presidential elections,
has also vowed not to back the new constitution. He
contends that there is
no difference between the recently completed draft
and the current
constitution. Although this is an exaggeration, his
protestation points to
some of the core problems with the draft
constitution.
In particular, its inaction in curbing presidential powers
has been seen as
its biggest failure. The minimal changes to presidential
powers still allow
lots of executive power to be held by one person, and
with minimal
accountability. For example, the president can still deploy
troops within
the country without prior parliamentary approval. This means
that instances
such as Operation Murambatsvina, where soldiers were
reportedly deployed in
and around Harare in 2005 to target opposition
voters, could be repeated.
Reinventing the wheel
Amidst the furore, it
is perhaps easy to forget that Zimbabwe already has a
constitution – one
that has been changed on numerous occasions since
constitutions are after
all subject to amendments. Today’s constitution, for
example, has provisions
for an executive president, two vice presidents, a
prime minister, two
deputy prime ministers, and an American style senate -
none of which were in
the original document that was devised at
independence. For this reason, the
drafting of a brand new constitution was
not a necessary task to set to
coalition government – especially since, if
there is anything that
Zimbabweans should have learnt since 1980, a
constitution is always at the
mercy of those who wield power.
In a telling announcement, for example,
President Mugabe reassured
traditional leaders in the south-eastern province
of Masvingo that his party
will make changes to the document soon after the
elections that he is
confident of winning:
"We agreed on the
constitution, [but] not all that we wanted came out. It
was a compromise",
Mugabe said. "After the elections, we will amend the
constitution to fit in
some of your views. Right now we must get rid of this
three-headed
creature."
Mavambo
Leader Says Zimbabweans Should Reject Draft Constitution
http://www.voazimbabwe.com
Irwin
Chifera
13.03.2013
HARARE — Mavambo Kusile Dawn leader, Simba Makoni,
says Zimbabweans should
reject the draft constitution on
Saturday.
Mr. Makoni told journalists in the capital today that the draft
charter
short-changes Zimbabweans in a number of areas, adding time given to
ordinary people to study the document was not enough.
He said the
draft constitution has serious shortcomings which the government
is trying
to hide from the people hence the rush to the referendum.
He said people
must not be pushed by the positions of three political
parties to adopt the
charter which he believes is not a perfect document.
Makoni said Zanu-PF
and the Movement for Democratic Change (MDC) formations
in government have
publicly said they will amend the draft if they win
elections but have not
given satisfactory reasons why people must support a
document they want to
change the moment they get into power.
He said there is no reason for
Zimbabweans to vote “for a less than best
constitution” saying its rejection
will not paralyse the country as it has a
current constitution in
place.
The Mavambo leader, who came third after Prime Minister Morgan
Tsvangirai
and President Robert Mugabe in the 2008 presidential elections,
said
Zimbabwe’s crisis does not stem from a bad constitution.
Makoni
said Zimbabwe’s crisis in the last 20 years was a result of a bad,
incompetent and uncaring leadership.
While acknowledging some good
sections in the draft constitution, he said
his party is rejecting it on the
basis of its discrimination against women
on the death penalty and the
maintaining of two chambers of parliament and
its expansion, among other
provisions.
Makoni, who joins other smaller parties and organizations
such as MDC 99,
the National Constitutional Assembly and the International
Socialist
Organization in a no vote campaign, however said his party will
respect the
outcome of Saturday’s referendum.
WOZA to vote YES
Press statement
Women of Zimbabwe Arise
(WOZA)
Women of Zimbabwe Arise (WOZA) have conducted 600 workshops in the
last 2
week to familiarise members with the 15 February 2013 Draft
Constitution.
The workshops were conducted in Bulawayo, Harare and rural
Matabeleland with
participation of 16 562 members with 18 percent of those
being male members.
Time and resources did not permit the programme to be
conducted on all 85000
members.
A feature of the workshop was an
internally authored Draft Constitution
Assessment tool. The tool prepared an
overview as to 92 key demands that
WOZA members have made over the last 3
years. Of the
92 demands, 60 were included in the Draft, 17 were partly
acknowledged and
15 were not achieved. During the workshop, members were
asked if they would
be voting on 16th March 2013 and 100 percent said they
would turn out on the
day and vote YES for the Draft.
WOZA call on
the government of national unity partners to walk the talk
about zero
tolerance for violence in all its forms and to ensure the police
will act
impartially to allow citizens to enjoy all their rights before
during and
after the referendum.
WOZA call on Zimbabweans to turn out in their
millions and exercise their
right to vote peacefully and to vote YES for the
parliamentary select
committee draft constitution.
Ends
13 March
2013
Say
NO to the constitution that gives immense power to the executive
http://www.swradioafrica.com
Zanda
Shumba
zekishumba@gmail.com
+263776630178 P Bag 113 Nyazura, Zimbabwe
I don’t like this constitution and
am going to vote a big NO because it
leaves the Presidential powers largely
unchanged. This constitution is being
made for Mugabe. He appointed all the
ministers by himself and chaired the
cabinet since 1980. Mugabe has had a
lot of power since independence to
control and manipulate both ZANU PF and
Zimbabwe. Now articles 104 and 114
of the new constitution are a
reinforcement of his powers. Article 104 gives
power to the president to
appoint all the cabinet Ministers all by himself.
Article 114 gives him
power to appoint the attorney general all by himself.
Article 310 is not
clear on the role of parliament’s approval since the
president will have
already appointed and Auditor general. Article 310 is
ambiguous. In article
238 we see the executive also being given power to
appoint the chairperson
of the electoral commission. The president through
article 180 appoints
Chief Justice, the Deputy Chief Justice, and the Judge
President of the High
Court. This is real absolute power which can easily
make a president a
dictator. I want this power shared and limited or
controlled through the
senate. I prefer the executive to only nominate
people to these offices
while the senate to be given power to either approve
or disapprove.
I
also don’t want a president who can decide on his own to make war and only
advise parliament and National Assembly. Will people accept this, only one
man to decide to send their sons and daughters to die in war? We will not
trust one man to do this. This is a monster we are creating, far more than
we can reign. He will tremble on our rights and speak for us, saying we are
okay when we are not.
The constitution is being hurried through and many
people don’t understand
or even read it as yet but are still being coerced
by ZBC and the repressive
herald and Sunday mail to vote yes. There has not
been education about the
constitution. The big question is why the
government is hurrying the
document through. Whose interest are the
principals serving? It looks like
the election date has been pegged on the
assumption that people are going to
vote yes for the constitution. People
need time to study and be educated
about the document. What is happening is
totally criminal. I see the ZANU PF
hand in all this. Making a constitution
in a repressive environment like
this produces a flawed document, which
doesn’t speak the voice of the
people. If ZANU PF can learn from the past it
has to realize that once, in
2000 it tried to force a constitution down the
people`s throat, but still
the people rejected it in the referendum.
Even
if the people are forced to vote yes we will protest the process. For
the
same reason people rejected the Jonathan Moyo solo drafted constitution
they
should now reject the so called principals driven constitution. The
only
different thing now is the MDC is being used as lever to mobilize
people to
vote yes. Morgan Tsvangirayi is not objecting to the accumulation
all the
powers on the executive because he thinks he is going to win the
July
election. He should consult Raila Odinga. We say we should draft a
constitution that looks far beyond, into the future.
Now ZBC and the
Herald and The Sunday Mail continue to be inclined towards
ZANU PF and are
only entertaining views and contributions favorable to
saying yes. We look
around and every voice that’s trying to say NO is being
silenced. I
challenge the process because its one sided. It’s forcing people
into a
corner people to only say YES. If the referendum is not fair who is
going to
challenge it. For ZANU PF and the MDC or the so called the
principals, the
referendum is a done deal. This is what I am challenging.
They can only do
that if they are making constitution for their families.
As the MDC may
refuse to accept, the constitution has been tailor made for
Mugabe and ZANU
PF with the MDC being just a whitewash to the whole process.
Robert Gabriel
is 89 and can barely pull another 5 years in office, then,
look at what
article 101 says
101
(1) If the President dies, resigns or is removed
from office—
(a) the first Vice-President assumes office as President until
the expiry of
the former President’s term of office;
The president and
vice will always be from the same party. We don’t know why
the MDC can be so
detached from reality.
I also hereby challenge the Zimbabwean people by
saying what makes very
powerful politicians are passive or weak citizens.
When we remain quiet,
politicians will do all they want for themselves, all
in our name. They will
make a constitution that addresses their needs, and
make us vote for it,
then continue to oppress us. Mwana asingachemi anofira
mumbereko……
It is the wise men that sees danger ahead and avoid it, but the
fool still
charges ahead into it, and then cry over it.
I rest my
case.
Churches
to vote ‘yes’ in referendum
http://www.dailynews.co.zw
By Richard Chidza, Staff Writer
Wednesday, 13
March 2013 10:52
HARARE - Churches in Zimbabwe have resolved to endorse
the new draft
constitution crafted by a committee of Parliament commonly
referred to as
Copac and set for a referendum this weekend.
Following
a series of meetings in Harare and Bulawayo, the heads of
Christian
denominations, a grouping of church leaders across the country,
decided to
vote for the adoption of the draft.
In a statement, the group said it
will continue to engage political leaders
in efforts to revisit areas it has
misgivings on.
“While this process was characterised by many questions,
challenges and
controversies, it presented a milestone in the history of
Zimbabwe and a
unique opportunity to bring the nation together to forge a
common future.
“The Zimbabwe Heads of Christian Denominations have long
held the position
contained in the Zimbabwe We Want Vision document that
states ‘a
people-centred and people-crafted constitution is the centrepiece
of
governance and development’,” reads the statement.
It added that
the current Lancaster House Constitution was “not inspired by
the collective
consent and consensus of the people of Zimbabwe.
The absence of a
home-grown Constitution remains a source of
dissatisfaction. Governance by
consent and consensus is the key to peace,
stability, social and economic
development.”
The Christian leaders said they presented Copac with 24
issues and although
happy that the majority of these were adopted, issues to
do with
homosexuality and abortion were not comprehensively dealt with in
the draft.
They added that churches would seek amendments to ensure the
constitution
protects from conception the life and rights of the unborn
child.
Pertaining to homosexuality, the church leaders are demanding that
the
constitution reflects that “every person shall have the right to marry
and
found a family, in accordance with legislation that governs civil law
marriages or customary law unions. A family shall be founded by two persons
of the opposite sex”.
Exiles
pin hopes on elections
http://www.thezimbabwean.co.uk/
12.03.13
by Edgar Gweshe
Exiled
Zimbabweans are still afraid of the political environment at home and
the
next election will determine the fate of homesick people living in the
diaspora, says the MDC-T Treasurer for the United Kingdom
Province.
Taurayi Chamboko said action was required, rather than
speeches. He
expressed optimism that a new constitution “will bring peace to
our country”,
adding that the country had lost out on the skills of hundreds
of thousands
of professional and business people who had left the country as
a result of
human rights violations, political violence and economic
hardships caused by
bad governance.
“Other countries are benefiting
from this talent. It all revolves around the
issue of the rule of law which
I hope will be corrected through the new
constitution. This is the reason
why our industry is down and unemployment
high.”
Chamboko said people
living in the diaspora had a critical role play in
rebuilding the country’s
economy. An estimated 100,000 Zimbabweans live in
the United
Kingdom.
“Many people in the Diaspora have been exposed to new technology
and
different ways of doing things. Those in the USA and Europe have had
access
to free education and I know many have taken advantage of this. Their
experience and knowledge will be greatly appreciated in the new Zimbabwe,”
said Chamboko.
He said Zimbabwe needed to mend relations with the
international community
if efforts to revive the economy were to bear fruit.
“There is no way we can
do it alone. We should encourage friendship with big
markets such as America
and others,” he said.
Meanwhile, Bishop Paul
Verryn of the Central Methodist Church refugee centre
in Johannesburg has
called on the GNU to be vigilant in stamping out
political violence. “It
also has to address issues of the security forces
because that is where the
biggest problem lies,” said Verryn, whose
organisation provided a home for
thousands traumatised by the 2008 political
violence that resulted in more
than 400 gruesome deaths.
He ruled out any meaningful numbers of the
refugees heading back home to
vote in the coming elections.
“Many of
those people are still profoundly traumatised by what happened last
time. I
know that if the chance arrived for Zimbabweans to feel safe, they
would
love to go and be part of the elections, but not now,” he said, but
called
for a huge turnout for those who could still brave the situation and
those
who remain at home.
“First of all, let us all struggle to ensure that as
many people as possible
can vote and that’s not just the government’s
responsibility, but every
citizen’s responsibility. Secondly, once this
election is over, may it be
that Zimbabwe begins to take care of its poorest
of the poor.”
‘Diasporans
should be allowed to vote’
http://www.sokwanele.com
AUTHOR:SOKWANELEDATE:MAR 13, 2013
By Feluna
Mleya, crossposted from NewsDay: The African Commission on Human
and Peoples
Rights (ACHPR) secretariat has ruled that Zimbabweans living in
the Diaspora
should be allowed to vote in this weekend’s referendum and
forthcoming
elections.
ACHPR’s ruling followed an application by five Zimbabweans
based in South
Africa who challenged the government’s position after they
were denied the
right to vote in previous elections.
The ruling was
passed at the ACHPR’s 13th extra ordinary session held in
Banjul, the Gambia
from February 19 to 25.
The Zimbabwe Lawyers for Human Rights on December
27 last year, filed a
complaint on behalf of Gabriel Shumba, Kumbirai Tasuwa
Muchemwa, Gilbert
Chamunorwa, Diana Zimbudzana and Solomon Sairos
Chikohwero, all working in
South Africa.
Part of the ruling reads: “
. . . the respondent State (Republic of
Zimbabwe) allows Zimbabweans living
abroad to vote in the referendum of
March 16 2013 and the general elections
thereafter, whether or not they are
in the service of the
government.
“That the respondent State provides all eligible voters,
including the
victims in this communication, the same voting facilities it
affords to
Zimbabweans working abroad in the service of the government and
that the
respondent State takes measures to give effect to its obligations
under the
African Charter in accordance with Article 1 of the African
Charter,
including in areas of free participation in the
government.”
The commission requested Zimbabwe to report back on the
implementation of
the provisional measures requested within 15 days of
receipt of the decision
in accordance with Rule 98(4) of its rules and
procedures.
The five argued that since they participated in the
constitution-drafting
process, through public consultations and attendances
during Diaspora
meetings held by the Parliamentary Select Committee in
Johannesburg last
year, they should be allowed to participate in the
referendum as well.
Zimbabwe
votes on new constitution
http://www.guardian.co.uk
Low turnout expected in referendum that paves the
way for new election
battle between Robert Mugabe and Morgan
Tsvangirai
Stephen Chan in Harare
guardian.co.uk, Wednesday 13
March 2013 11.37 GMT
On Saturday Zimbabweans will go to the polls to
approve a new constitution
that has been many years in the making, but which
some feel has not been
worth the effort. The new constitution will be the
last major hurdle before
the country can hold elections, probably in late
July.
That vote will once again pit Robert Mugabe, now 89, and Morgan
Tsvangirai
against each other. Mugabe shows no signs of having lost the
taste for
power, and Tsvangirai has certainly shown that he appreciates its
privileges. A splendid mansion, shopping trips abroad, and amorous
adventures seem evidence of that. Even so, Tsvangirai is the only candidate
who proposes a new start, and the west has invested heavily in him. If he
wins, the country may indeed get its new start but if he loses the kind of
compromise coalition that South Africa's Thabo Mbeki negotiated last time
around may be impossible.
The new constitution has no place for a
prime minister – Tsvangirai's
current position – and the role of vice
presidents is not suitable for
powerful or even influential personalities
with demanding parties at their
heels.
The words of the UN
secretary-general, urging that last week's Kenyan
elections should be
"credible and peaceful" have set a tone. No one is
talking "free and fair".
If Zimbabwe's referendum on Saturday is credible
and peaceful, the UN, the
Commonwealth, the southern African region and many
others will breathe a
sigh of relief.
The constitution, which is almost certain to be approved,
is a curious
document. In some ways it resembles closely a draft that
Mbeki's negotiators
put forward half a dozen years ago, the so-called Kariba
draft, as it was
put to the Zimbabwean parties on a houseboat moored on Lake
Kariba. In
others, it recognises some of the positive aspects of the new
Kenyan
constitution and makes a faint-hearted but discernible effort to
enshrine
citizen rights. The chief complaint, one made consistently by civil
society
groups, is that the president retains too much power.
Such
power might well be required by a victorious Tsvangirai to unite the
country
and take it forwards, but the unspoken fear is that it will be a
possible
licence for abuse by a triumphant Mugabe – who may be within reach
of a
"credible and peaceful" victory which would hardly be free and
fair.
Having said that, the powers of the president in the new
constitution are
not greater than those granted in France. If the president
dies in office,
then the right of the senior vice president to succeed and
hold power
without election is just as it is in the United
States.
But this is where the constitution is a strange beast. It is
clearly a
document with last-minute compromises embedded within it –
including one
that states that if the president dies or stands down in the
first 10 years
after its adoption, the succession would pass to a nominee of
the
president's own party. This is seen as a safeguard for Mugabe's Zanu-PF
party but, even with this exceptional provision, it is not likely Tsvangirai
would be made senior vice president in a coalition government dominated by
Mugabe.
Behind the scenes, all parties are talking about compromises,
coalitions,
immunities from prosecution. The problem is that everyone wants
to dominate
any coalition. And that's because no one is really certain who
might win.
The most comprehensive polls, although with huge margins of
error, seem to
favour Mugabe – even in a free and fair contest. But that
huge margin of
error could work in many ways. Certainly it could disguise a
huge
disillusionment within the electorate and there may well be massive
abstention or spoiling of ballots. With this uncertainty about the margin of
error, the fear is that Zanu-PF will intimidate and rig again.
The
referendum this weekend will attract a small vote. The weariness in the
country accepts that a compromise constitution is the best available.
Whether the electoral commission can conduct the referendum smoothly – the
country still has difficulty funding democratic exercises – is the burning
question. No one wants the March referendum to prefigure a July election
which is botched administratively rather than won or lost peacefully,
credibly, freely or fairly. In the meantime, the Law Society of Zimbabwe is
right to say that there is something to celebrate in the constitution. It
provides an expansive Bill of Rights with citizen capacities to enforce
those rights in law. Gender rights are very visible. Powers are clearly
separated to protect the courts. Such a constitution, with a government that
observed it in good faith, would be workable and a massive improvement. But
the question in today's Zimbabwe is precisely to do with good faith.
Constitution Watch 18/2013 of 13th March [ZEC
Observer Briefing: Today: 10 am]
CONSTITUTION WATCH
18/2013
[13th
March 2013]
Reminder
ZEC Observer Briefing Today Wednesday 13th
March
For:
Accredited observers [including
media], political parties and civil society organisations
Venue: Harare International
Conference Centre [HICC]
Time: 10.00
am
Veritas makes every effort to ensure
reliable information, but cannot take legal responsibility for information
supplied