News / National
Draft constitution deadlock a call for elections says Zanu-PF
30 Aug 2012 at 02:20hrs | Views
ANY declaration of a deadlock over the draft Constitution is a call for immediate general elections under the current Constitution, Zanu-PF has said.
This came as President Jacob Zuma's facilitation team had earlier during the day shot down a decision by the two MDC formations to declare a deadlock in the Constitution-making process.
The team, which jetted into Harare on Tuesday, said parties in the inclusive Government should first exhaust all channels.
This followed a decision by the two MDC formations to reject Zanu-PF amendments to the draft Constitution, which have since been handed over to the GPA principals.
Zanu-PF spokesperson Rugare Gumbo last night said his party was not going to compromise on what Zimbabweans said during the outreach programme.
Addressing journalists in Harare last night, Gumbo said Zanu-PF was against taking both the Copac draft and the Zanu-PF amended version to the referendum.
"Once a deadlock is declared, then elections will be inevitable," he said.
"But if they are inclined to have a deadlock, so be it, we resort to the Lancaster House Constitution."
He said Zanu-PF's preference was to have a new Constitution because Zimbabweans spent many years and resources dealing with it.
"We want the hard work that was expressed in the Constitution-making process to be fulfilled."
Gumbo said the facilitator and his team could only recommend to the parties, but cannot impose what they perceive to be the solution.
"There is no way we are going to have two drafts at the referendum," he said.
Gumbo said there was no more room for negotiations over the draft because the matter was now before the principals.
Gumbo dismissed MDC formations' claims that Zanu-PF amendments were tantamount to producing a new draft Constitution.
"This is far from the truth. The truth is that all the three parties to the GPA were given the draft to scrutinise and give their comments," he said.
But after meeting representatives of all parties to the GPA yesterday, President Zuma's facilitation team directed MDC-T and MDC to first officially notify President Mugabe that they wanted a deadlock declared.
Zanu-PF negotiator Patrick Chinamasa confirmed the development.
"We have just finished meeting the facilitation team. I can confirm that the MDC formations have conveyed to us that they want a deadlock to be declared.
"The facilitation team requested that they should write to President Mugabe.
"The MDC formations have undertaken to put that in writing to the President. I hope that they would do that soon."
Ms Lindiwe Zulu, a member of the facilitation team, confirmed yesterday's meeting, but declined to give further details.
She said they would first brief President Zuma.
"I can confirm that we had a joint meeting with the negotiators. I cannot, however, give you details before we brief the facilitator. You will appreciate that it is proper to first brief him," he said.
On reports that the MDC formations wanted a deadlock declared, Ms Zulu said: "That is no longer news but how to deal with that is what is important."
MDC negotiator Ms Priscilla-Misihairabwi-Mushonga said they would soon submit a report to President Mugabe informing him of their decision.
"We will soon write to the President telling him that issues raised by the Zanu-PF draft are so fundamental as to warrant the invitation of a facilitator to come in.
"In our view, there is not even need for a meeting of the principals."
Ms Misihairabwi-Mushonga said the only option under the circumstances would be to declare a deadlock.
"It was Zanu-PF that said we had not responded to their draft for a deadlock to be declared, so we will soon respond to them," she said.
MDC-T negotiator Mr Elton Mangoma confirmed the joint meeting, but declined to give details.
"I have always said I do not talk on behalf of the party. I can only confirm that we had a joint meeting with the facilitators," he said.
Zanu-PF has come up with amendments to the Copac draft which have been submitted to GPA principals for consideration.
Gumbo said while going through the draft, the Politburo noticed that Copac had, on some issues, departed from the views of the people captured in the National Statistical Report.
"It was from this perspective that Zanu-PF saw it fit to make amendments where necessary to ensure that the draft Constitution was Zimbabwean in nature," Gumbo said.
The Copac draft, he said, provided for devolution yet the National Statistical Report indicated that 71.08 percent of respondents during the outreach programme wanted a unitary state.
He said 58.36 percent chose a devolved state while 1.74 percent preferred a federal state.
Gumbo said the draft provided that provincial governors should be appointed according to the number of House of Assembly seats a party would have garnered.
He said the statistical report showed that 33.02 percent wanted provincial governors to be appointed by the President 19.5 percent preferred elected provincial governors while 0.36 percent favoured provincial governors to come from a party with the majority of seats in the province.
Gumbo said statistics also showed that the majority of Zimbabweans wanted an Executive President with two Vice Presidents.
He said the concept of running mates as stated in the draft did not come from the people because it was not indicated in the statistical report.
The draft, Gumbo said, indicated that 56.17 percent preferred the constitution to outlaw homosexuality and same sex marriages.
On dual citizenship, Gumbo said, 52.6 percent wanted prohibition of dual citizenship yet the Copac draft said an Act of Parliament was supposed to permit or prohibit dual citizenship.
The Copac draft, he said, provided for a National Prosecuting Authority responsible for instituting and undertaking criminal prosecutions on behalf of the State.
The statistics, Gumbo said, indicated that 74.9 percent wanted an Attorney General, and 45. 85 percent preferred an AG who is legal adviser and national prosecutor.
He said 35. 38 percent said they desired an AG without prosecuting powers while 2.05 percent wanted a National Prosecuting Authority.
The Zanu-PF spokesperson said the Copac draft repealed the Public Protector Act yet 71.85 percent respondents from the outreach said they needed a Public Protector in the Constitution.
He said the Copac draft also indicated that there would be a Constitutional Court with a Chief Justice and his deputy and then five other judges of the Constitutional Court.
The statistics, Gumbo said, indicated that 27. 90 percent showed that they wanted the status quo plus a Constitutional Court while 23.33 percent said they preferred traditional to Constitutional Court.
This came as President Jacob Zuma's facilitation team had earlier during the day shot down a decision by the two MDC formations to declare a deadlock in the Constitution-making process.
The team, which jetted into Harare on Tuesday, said parties in the inclusive Government should first exhaust all channels.
This followed a decision by the two MDC formations to reject Zanu-PF amendments to the draft Constitution, which have since been handed over to the GPA principals.
Zanu-PF spokesperson Rugare Gumbo last night said his party was not going to compromise on what Zimbabweans said during the outreach programme.
Addressing journalists in Harare last night, Gumbo said Zanu-PF was against taking both the Copac draft and the Zanu-PF amended version to the referendum.
"Once a deadlock is declared, then elections will be inevitable," he said.
"But if they are inclined to have a deadlock, so be it, we resort to the Lancaster House Constitution."
He said Zanu-PF's preference was to have a new Constitution because Zimbabweans spent many years and resources dealing with it.
"We want the hard work that was expressed in the Constitution-making process to be fulfilled."
Gumbo said the facilitator and his team could only recommend to the parties, but cannot impose what they perceive to be the solution.
"There is no way we are going to have two drafts at the referendum," he said.
Gumbo said there was no more room for negotiations over the draft because the matter was now before the principals.
Gumbo dismissed MDC formations' claims that Zanu-PF amendments were tantamount to producing a new draft Constitution.
"This is far from the truth. The truth is that all the three parties to the GPA were given the draft to scrutinise and give their comments," he said.
But after meeting representatives of all parties to the GPA yesterday, President Zuma's facilitation team directed MDC-T and MDC to first officially notify President Mugabe that they wanted a deadlock declared.
Zanu-PF negotiator Patrick Chinamasa confirmed the development.
"We have just finished meeting the facilitation team. I can confirm that the MDC formations have conveyed to us that they want a deadlock to be declared.
"The facilitation team requested that they should write to President Mugabe.
"The MDC formations have undertaken to put that in writing to the President. I hope that they would do that soon."
Ms Lindiwe Zulu, a member of the facilitation team, confirmed yesterday's meeting, but declined to give further details.
She said they would first brief President Zuma.
"I can confirm that we had a joint meeting with the negotiators. I cannot, however, give you details before we brief the facilitator. You will appreciate that it is proper to first brief him," he said.
On reports that the MDC formations wanted a deadlock declared, Ms Zulu said: "That is no longer news but how to deal with that is what is important."
"We will soon write to the President telling him that issues raised by the Zanu-PF draft are so fundamental as to warrant the invitation of a facilitator to come in.
"In our view, there is not even need for a meeting of the principals."
Ms Misihairabwi-Mushonga said the only option under the circumstances would be to declare a deadlock.
"It was Zanu-PF that said we had not responded to their draft for a deadlock to be declared, so we will soon respond to them," she said.
MDC-T negotiator Mr Elton Mangoma confirmed the joint meeting, but declined to give details.
"I have always said I do not talk on behalf of the party. I can only confirm that we had a joint meeting with the facilitators," he said.
Zanu-PF has come up with amendments to the Copac draft which have been submitted to GPA principals for consideration.
Gumbo said while going through the draft, the Politburo noticed that Copac had, on some issues, departed from the views of the people captured in the National Statistical Report.
"It was from this perspective that Zanu-PF saw it fit to make amendments where necessary to ensure that the draft Constitution was Zimbabwean in nature," Gumbo said.
The Copac draft, he said, provided for devolution yet the National Statistical Report indicated that 71.08 percent of respondents during the outreach programme wanted a unitary state.
He said 58.36 percent chose a devolved state while 1.74 percent preferred a federal state.
Gumbo said the draft provided that provincial governors should be appointed according to the number of House of Assembly seats a party would have garnered.
He said the statistical report showed that 33.02 percent wanted provincial governors to be appointed by the President 19.5 percent preferred elected provincial governors while 0.36 percent favoured provincial governors to come from a party with the majority of seats in the province.
Gumbo said statistics also showed that the majority of Zimbabweans wanted an Executive President with two Vice Presidents.
He said the concept of running mates as stated in the draft did not come from the people because it was not indicated in the statistical report.
The draft, Gumbo said, indicated that 56.17 percent preferred the constitution to outlaw homosexuality and same sex marriages.
On dual citizenship, Gumbo said, 52.6 percent wanted prohibition of dual citizenship yet the Copac draft said an Act of Parliament was supposed to permit or prohibit dual citizenship.
The Copac draft, he said, provided for a National Prosecuting Authority responsible for instituting and undertaking criminal prosecutions on behalf of the State.
The statistics, Gumbo said, indicated that 74.9 percent wanted an Attorney General, and 45. 85 percent preferred an AG who is legal adviser and national prosecutor.
He said 35. 38 percent said they desired an AG without prosecuting powers while 2.05 percent wanted a National Prosecuting Authority.
The Zanu-PF spokesperson said the Copac draft repealed the Public Protector Act yet 71.85 percent respondents from the outreach said they needed a Public Protector in the Constitution.
He said the Copac draft also indicated that there would be a Constitutional Court with a Chief Justice and his deputy and then five other judges of the Constitutional Court.
The statistics, Gumbo said, indicated that 27. 90 percent showed that they wanted the status quo plus a Constitutional Court while 23.33 percent said they preferred traditional to Constitutional Court.
Source - TH
