Zim constitution making process hits deadlock

THE Constitution-making process has hit a deadlock with Zanu-PF insisting the latest Copac draft does not reflect the views of the people while the MDC formations are standing by it.

A source close to developments said the draft has been referred to the management committee which meets on Monday next week and is expected to refer the document to the principals since the differences between the parties are so fundamental that only the principals can break the impasse.

MDC formations say the draft should just be subjected to editing and cleaning up while the Zanu-PF position is that the draft is not a reflection of the views of the people as captured in the national report.

The source said Copac, through its co-chairs forum, was stumped on whether to go with the first draft, as endorsed by the MDC formations, or to go with proposals made by Zanu-PF in line with the national report.

The Copac co-chairpersons' forum comprises Munyaradzi Paul Mangwana (Zanu-PF), Mr Douglas Mwonzora (MDC-T) and Mr Edward Mukosi (MDC).

Zanu-PF has since drafted a raft of proposals based on the national report that it says are not negotiable.

MDC has also expressed reservations to "aspects" of the first draft, describing it as "so incomplete that it is impossible to make any useful comments".

The Professor Welshman Ncube-led party wants white farmers compensated for land reforms and a complete overhaul of the High and Supreme Court benches.

However, Zanu-PF has totally rejected the draft.

Zanu-PF, according to the source, says land and natural resources are part of the country's heritage and should be included in the Constitution.

The party also rejected devolution of power and dual citizenship.

"The draft proposes a creation of a security service as a way of weakening or trade unionising the security sector.

"Zimbabwe needs a security force, with a police and defence force that can defend Zimbabwe's interests.

"They are proposing that the Central Intelligence Office be established by an Act of Parliament, but this is a Presidential Administrative Order as it is a highly sensitive area."

There are proposals in the draft for the appointment of the President.

"The draft interferes in the appointment of the President who is solely elected by the people so it should remain within the people's power to make that decision, not Parliament," the source said.

Zanu-PF says proposals to have the appointment of the judiciary go through a vetting system would undermine their power.

"This has caused a lot of problems in South Africa where judges have gone through humiliating experiences during interviews and who would respect such a person?" the source said.

Zanu-PF also rejects the split of the Supreme Court as it creates two centres of power.

"The current system is working well, so why would there be need for another structure?"

In the draft, there are proposals for a National Prosecution Authority but Zanu-PF wants the Attorney General's office to play both its legal advisory and prosecution functions.

The party wants chiefs to remain full members of Parliament with the right to vote.

It also rejected the establishment of a provincial parliament, but provincial councils made up of MPs, councillors and the area's chiefs.

There are also proposals for provincial governors to be voted for through an election.

The first draft wants the creation of "independent institutions supporting democracy" but Zanu-PF believes these already exist.

Mr Mwonzora was adamant the MDC-T supports the draft.

"It reflects what the people said during the outreach programme and it also reflects what we agreed as the people running the programme.

"Some of the issues being raised by Zanu-PF are new and we do not agree with these because they have no factual basis," he said.

While Zanu-PF insists the differences vest in the content of the draft versus the national report, MDC-T says the differences are methodological.

Said Pro Moyo: "The claim that there is a difference of methodology sounds deceitful propaganda which smacks of a mischievous attempt to further delay the conclusion of the constitution making process by masking the otherwise substantive constitutional issues  that need urgent attention to ensure that the people's views are fully reflected in any draft that is prepared by Copac in terms of Article VI of the GPA.

The people have spoken, but two MDC formations are refusing to listen and failure to listen to the people in favour of the latest treacherous Copac draft constitution which is bereft of the views of the people is not  a methodological problem, but an intolerable betrayal of the people."

MDC said some areas in the draft are incomplete, problematic and require a rethink.