Information for the Constitution Referendum

http://www.sokwanele.com/thisiszimbabwe/information-constitution-referendum/13032013

MAR 13, 2013

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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 and understanding the arguments
• Who is allowed to vote?
• Documents needed to vote in the referendum
• Polling Stations
• Ballot Papers
• Polling Times: 7 am to 7 pm
• Voting
• Directions to guide voters in voting
• Voting by Illiterate or Physically Handicapped Persons
• Assistance by person chosen by voter
• Assistance by ZEC polling station returning officer
• Polling station registers

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&sector=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-

YES	X
NO

If the voter is against, he or she must make a cross in the rectangle (box) opposite the word “NO” like this-

YES
NO	X

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

http://www.irinnews.org

Photo: IRIN

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]