News / National
Zanu-PF Politburo to discuss draft constitution on Wednesday
22 Jul 2012 at 08:13hrs | Views
The Zanu-PF Politburo is expected to meet in Harare this Wednesday to, among other issues, formulate a position on the final draft constitution which was produced last week.
This comes as the Chiefs' Council of Zimbabwe and its lawyers yesterday produced a report criticising sweeping changes made to specific clauses previously acceded to.
A senior Zanu-PF official revealed last night that copies of the draft have already been distributed to Politburo members for scrutiny.
The official said the position taken on Wednesday would guide the party.
"Yes, I can confirm the Politburo will meet to discuss the final draft that has just been produced," said the official.
"The official party position will be known thereafter."
Yesterday, the Chiefs' Council of Zimbabwe and its lawyers expressed disappointment over clauses dealing with the jurisdiction of traditional leaders.
They complained that the management committee overseeing the crafting of the proposed new constitution effected vast changes to clauses members of the Constitution Select Committee (Copac) had already agreed on.
Traditional leaders are represented in Copac and not the expanded management committee.
They said the draft drastically whittles down their control, authority or jurisdiction over land.
Part of the report reads: "Having examined the provision of the Draft Constitution of Zimbabwe dated 18 July 2012, as negotiated by the management committee, the traditional leaders are disappointed by the omission and changes to provisions already agreed to by the select committee.
"It should be noted that while traditional leaders are represented in the select committee, they are not represented on the management committee and so did not have the opportunity to input into the draft of 18 July 2012.
"While we commend the management committee for negotiating through most of the 'parked' or disagreed issues, it was with much distress that we noted that many of the provisions to do with traditional leaders and their institutions which had been settled and agreed upon by the select committee and which appear in earlier drafts of the constitution were either altogether omitted from the last draft or appear in substantially altered forms."
The chiefs contend their exclusion from leadership on land issues is objectionable since "it is a throwback to the colonial era".
They said the new clause seeking to prohibit them from exercising authority over land also runs contrary to public opinion as expressed during the outreach.
"We urge the principals to the Global Political Agreement and Copac to give due consideration to the recommendations discussed in this memorandum, ensuring that the final Constitution reflects the true aspirations of the people of Zimbabwe," reads the report.
The management committee overseeing the crafting of the constitution produced the draft last Wednesday. It was subsequently submitted to the inclusive Government principals for consideration.
The document contains major compromises by the three Global Political Agreement (GPA) parties - Zanu-PF and the two MDCs.
Among the contentious issues that stalled progress were dual citizenship, homosexuality, devolution of power and executive appointments.
Regarding presidential terms, the committee resolved that one will be disqualified for election as President or Vice-President if he or she has already held office as President under the proposed constitution for two terms. On the death penalty, the parties agreed that it should be "imposed only on a person convicted of murder committed in aggravated circumstances".
The penalty should not, however, be meted on a person who was less than 21 years old when the offence was committed or who is more than 70 years old. It should also be waived when dealing with a woman, according to a section of the revised draft. The document also upholds the compulsory acquisition of land for resettlement purposes and vests all agricultural land in the State. Part of Clause 4 reads: "Where agricultural land, or any right or interest in such land, is compulsorily acquired for a purpose referred to in paragraph (a), (b) or (c) of subsection (2) - "(a) No compensation is payable in respect of its acquisition, except for improvements effected on it before its acquisition; "No person may apply to court for determination of any question relating to compensation, except for compensation for improvements effected on the land before its acquisition, and no court may entertain any such application; and "(c) The acquisition may not be challenged on the ground that it was discriminatory in contravention of section 4.13."
This comes as the Chiefs' Council of Zimbabwe and its lawyers yesterday produced a report criticising sweeping changes made to specific clauses previously acceded to.
A senior Zanu-PF official revealed last night that copies of the draft have already been distributed to Politburo members for scrutiny.
The official said the position taken on Wednesday would guide the party.
"Yes, I can confirm the Politburo will meet to discuss the final draft that has just been produced," said the official.
"The official party position will be known thereafter."
Yesterday, the Chiefs' Council of Zimbabwe and its lawyers expressed disappointment over clauses dealing with the jurisdiction of traditional leaders.
They complained that the management committee overseeing the crafting of the proposed new constitution effected vast changes to clauses members of the Constitution Select Committee (Copac) had already agreed on.
Traditional leaders are represented in Copac and not the expanded management committee.
They said the draft drastically whittles down their control, authority or jurisdiction over land.
"It should be noted that while traditional leaders are represented in the select committee, they are not represented on the management committee and so did not have the opportunity to input into the draft of 18 July 2012.
"While we commend the management committee for negotiating through most of the 'parked' or disagreed issues, it was with much distress that we noted that many of the provisions to do with traditional leaders and their institutions which had been settled and agreed upon by the select committee and which appear in earlier drafts of the constitution were either altogether omitted from the last draft or appear in substantially altered forms."
The chiefs contend their exclusion from leadership on land issues is objectionable since "it is a throwback to the colonial era".
They said the new clause seeking to prohibit them from exercising authority over land also runs contrary to public opinion as expressed during the outreach.
"We urge the principals to the Global Political Agreement and Copac to give due consideration to the recommendations discussed in this memorandum, ensuring that the final Constitution reflects the true aspirations of the people of Zimbabwe," reads the report.
The management committee overseeing the crafting of the constitution produced the draft last Wednesday. It was subsequently submitted to the inclusive Government principals for consideration.
The document contains major compromises by the three Global Political Agreement (GPA) parties - Zanu-PF and the two MDCs.
Among the contentious issues that stalled progress were dual citizenship, homosexuality, devolution of power and executive appointments.
Regarding presidential terms, the committee resolved that one will be disqualified for election as President or Vice-President if he or she has already held office as President under the proposed constitution for two terms. On the death penalty, the parties agreed that it should be "imposed only on a person convicted of murder committed in aggravated circumstances".
The penalty should not, however, be meted on a person who was less than 21 years old when the offence was committed or who is more than 70 years old. It should also be waived when dealing with a woman, according to a section of the revised draft. The document also upholds the compulsory acquisition of land for resettlement purposes and vests all agricultural land in the State. Part of Clause 4 reads: "Where agricultural land, or any right or interest in such land, is compulsorily acquired for a purpose referred to in paragraph (a), (b) or (c) of subsection (2) - "(a) No compensation is payable in respect of its acquisition, except for improvements effected on it before its acquisition; "No person may apply to court for determination of any question relating to compensation, except for compensation for improvements effected on the land before its acquisition, and no court may entertain any such application; and "(c) The acquisition may not be challenged on the ground that it was discriminatory in contravention of section 4.13."
Source - zimpapers
