Opinion / Columnist
The envisaged Zimbabwe constitution
21 Jun 2012 at 18:18hrs | Views
What i have written hereunder, will somewhat explain the whole issue of the Zimbabwe Constitution. NB; I have written this paper being nonpartisan to any political party.
What is a Constitution? A Constitution consists of rules and practices that determine the composition and functions of the organs of central and local government in a state. It regulates the relationship between the individual and the state. In a nutshell it is a set of rules which details a country's system of government. A constitution allocates power between the main institutions of the state. For example, the government, Parliament and the judiciary.
What is devolution? It is the delegation by the central government to a regional authority of legislative or executive functions (or both) relating to domestic issues within the region.
Is this ideal for Zimbabwe? Yes! it empowers everyone. It eradicates delays in decision making as decisions can be arrived at quickly. For example, processing of passports can be done in that region instead of sending all documents to a central office.
What then should the Zimbabwe Constitution look like? The Zimbabwe Constitution should embrace or reflect who the people of Zimbabwe are. It has to embody all the traditional norms and values /ethics of the people of Zimbabwe. For example, the recognition of polygamy and /or traditional marriages. It should not be designed to appease any foreign parties with a vested interest as to how it has to look like.
It should not enshrine any elements from any other African country, be it that they belong to the same cohort, such as the OAU or SADC. It should not be embellished so as to make it better than that of other countries that pursue the same political ideologies. In a nutshell, it should be real. It should be flexible and be accommodate of the needs of the people of Zimbabwe.
It should genuinely encompass what the government of Zimbabwe can do or endeavours to do or implement. For example, how the money which is within the Zimbabwe government coffers will be allotted to various institutions or organizations. If it states that it will allocate money which is impossible to raise ,then it would not be genuine. If it states that it will provide computers to all schools or make the teaching of computers compulsory to all schools (both urban and rural), then it would be falling short of what is possible.
Of course ,if money is solicited from other sources this can be possible. But the main issue is what is really going to be done for real, without anticipating of getting what the government is not sure is going to get. This is important. Everyone must take it into cognizance, that the constitution is the law of the country hence anything in it is not to be violated or breached. Everything that it carries must be real. For example, if all cities are to have a ceremonial mayor, then that should be the case in reality.
If there is to be devolution of authority, then that should be implemented.
More importantly, everyone must know that the Constitution of Zimbabwe is for the people of Zimbabwe. That is why it is imperative for people drafting it to draft it with much circumspection.
So, delay in publishing it is better rather than to just rush. This can result in a mediocre constitution being adopted. Thus why in UK, their constitution was rejected twenty times. Now UK does not have a written or an entrenched constitution. She has an unwritten Constitution.
People have to know that any breach of the constitution can result in legal proceedings be instigated by those who will have breached the rights enshrined in the constitution. The government is a legal person, hence it knows the repercussions of publishing a constitution which will bind it to what it is not going to fulfil. This may result in legal action being taken against it.
In conclusion, let's not rush those people who have been given the authority to draw the constitution. Every must know that a Constitution is a legally binding document (internationally].
What is a Constitution? A Constitution consists of rules and practices that determine the composition and functions of the organs of central and local government in a state. It regulates the relationship between the individual and the state. In a nutshell it is a set of rules which details a country's system of government. A constitution allocates power between the main institutions of the state. For example, the government, Parliament and the judiciary.
What is devolution? It is the delegation by the central government to a regional authority of legislative or executive functions (or both) relating to domestic issues within the region.
Is this ideal for Zimbabwe? Yes! it empowers everyone. It eradicates delays in decision making as decisions can be arrived at quickly. For example, processing of passports can be done in that region instead of sending all documents to a central office.
What then should the Zimbabwe Constitution look like? The Zimbabwe Constitution should embrace or reflect who the people of Zimbabwe are. It has to embody all the traditional norms and values /ethics of the people of Zimbabwe. For example, the recognition of polygamy and /or traditional marriages. It should not be designed to appease any foreign parties with a vested interest as to how it has to look like.
It should not enshrine any elements from any other African country, be it that they belong to the same cohort, such as the OAU or SADC. It should not be embellished so as to make it better than that of other countries that pursue the same political ideologies. In a nutshell, it should be real. It should be flexible and be accommodate of the needs of the people of Zimbabwe.
Of course ,if money is solicited from other sources this can be possible. But the main issue is what is really going to be done for real, without anticipating of getting what the government is not sure is going to get. This is important. Everyone must take it into cognizance, that the constitution is the law of the country hence anything in it is not to be violated or breached. Everything that it carries must be real. For example, if all cities are to have a ceremonial mayor, then that should be the case in reality.
If there is to be devolution of authority, then that should be implemented.
More importantly, everyone must know that the Constitution of Zimbabwe is for the people of Zimbabwe. That is why it is imperative for people drafting it to draft it with much circumspection.
So, delay in publishing it is better rather than to just rush. This can result in a mediocre constitution being adopted. Thus why in UK, their constitution was rejected twenty times. Now UK does not have a written or an entrenched constitution. She has an unwritten Constitution.
People have to know that any breach of the constitution can result in legal proceedings be instigated by those who will have breached the rights enshrined in the constitution. The government is a legal person, hence it knows the repercussions of publishing a constitution which will bind it to what it is not going to fulfil. This may result in legal action being taken against it.
In conclusion, let's not rush those people who have been given the authority to draw the constitution. Every must know that a Constitution is a legally binding document (internationally].
Source - Njabulo
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