Constitution making process moves on despite teething problems

Speaker of Parliament Lovemore Moyo making slow progress with the Constitution making agenda

That the current Constitution making process has been dogged with numerous teething problems is common cause yet the initiative seems to be defying odds with the announcement of 17 Thematic Subcommittee Chairpersons and their deputies to move the process into the consultative phase on 24th September 2009.

The 17 Subcommittees will each have 25 members including the Chairperson and the Deputy.
The Parliamentary Select Committee on the New Constitution has announced the chairpersons and deputy chairpersons of its seventeen thematic subcommittees and the institutions they have been drawn from as below.
1. Founding Principles of the Constitution
Chairperson: Dr David Parirenyatwa MP Murehwa North (ZANU-PF)
Deputy Chairperson: Bishop Goodwill Shana (Chair, Heads of Christian Denominations)
2. Arms of the State [Principle of the Separation of Powers]
Chairperson: Thandeko Mkhandla Gwanda North MP (MDC-M)
Deputy Chairperson: Shingi Mutumbwa (Lawyer in private practice)
3. Systems of Government
Chairperson: Tabitha Khumalo MP Bulawayo East (MDC-T)
Deputy Chairperson: (Chairperson, National Incomes & Pricing Commission)
4. Bill of Rights and Citizenship
Chairperson: Shepherd Mushonga MP Mazowe Central (MDC-T)
Deputy Chairperson: Mrs Mercy Chizodza-Chiunye (Lawyer)
5. Women and Gender Issues
Chairperson: Betty Chikava MP Mount Darwin East (ZANU-PF)
Deputy Chairperson: Mrs Emilia Muchawa (Zimbabwe Womens Lawyers Association)
6. Youth
Chairperson: Settlement Chikwinya MP Mbizo (MDC-T)
Deputy Chairperson: Vivian Banhire (ZANU-PF youth)
7. The Disabled
Chairperson: Felix Sibanda MP Magwegwe (MDC-T)
Deputy Chairperson: Joshua Malinga (Ex-ZANU-PF Mayor of Bulawayo)
8. Media
Chairperson: Makhosini Hlongwane MP Mberengwa East (ZANU-PF)
Deputy Chairperson: Qubani Moyo (Academic and writer on public affairs)

9. War Veterans
Chairperson: Clifford Sibanda MP Bubi (ZANU-PF)
Deputy Chairperson: Raymond Majongwe (Progressive Teachers Union)
10. Land, Natural Resources and Empowerment
Chairperson: Senator Martin Dinha Provincial Governor, Mashonaland Central (ZANU-PF)
Deputy Chairperson: Munyaradzi Gwisai (Lawyer)
11. Labour
Chairperson: Lucia Matibenga MP Kuwadzana Masvingo Provincial Governor nominee (MDC-T)
Deputy Chairperson: Noah Gwande (Zimbabwe Transport and Allied Workers Union)
12. Elections, Transitional Mechanisms and Independent Commissions
Chairperson: Tongai Matutu MP Masvingo Urban (MDC-T)
Deputy Chairperson: Brigadier-General Douglas Nyikayaramba (Zimbabwe Defence Forces)
13. Executive Organs of the State (Public Service, Police, Defence, Prisons)
Chairperson: Senator Reuben Marumahoko, Hurungwe (ZANU-PF)
Deputy Chairperson: Ms Choice Ndoro (Zimbabwe Election Support Network)
14. Public Finance
Chairperson: Silandu Ncube MP Insiza South (MDC-M)
Deputy Chairperson: George Mutendazamera (Business Council of Zimbabwe)
15. Traditional Institutions and Customs
Chairperson: Senator Chief Lucas Mtshane (Chiefs Council)
Deputy Chairperson: Mrs Gertrude Hambira (General Agricultural and Plantation Workers Union)
16. Religion
Chairperson: Senator Sithembile Mlotshwa MP Matobo (MDC-T)
Deputy Chairperson: Rev. Andrew Wutawunashe (Pastor)
17. Rights of Minorities and Languages
Chairperson: Andrew Langa MP Insiza North (ZANU-PF)
Deputy Chairperson: Alexander Phiri (National Council for the Disabled)

It is an extravagant and blotted structure nevertheless necessary to cover the areas of interest in the content to be included in the Constitution.

The 17 Thematic Subcommittees will employ a total of 425 members who will be joined by a further 435 drawn from across the populace and not excluding politicians to form the 850 strong outreach team.

There is widespread apprehension and fears that the timetable set in the GPA for the completion of the exercise most eagerly awaited for in the democratisation agenda may be missed that the announcement may go some distance in calming.

It is hoped that the announcement will be immediately followed by the appointments of the outreach staffers and the consultative process will roll out within the next two weeks to give the teams adequate time to cover the country in time to report back their findings by no later than 13 November 2009 the date when the four moths from the date the first All Stakeholders meeting was convened on 13 July expires.

The Constitution Parliamentary Select Committee appears to be dogged with financial constraints because Zanu PF is against donor funding for the initiative arguing that foreign funding will result in foreign interference with the manner and outcome of the process.

This however is a frivolous excuse that Zanu PF is using to delay completion of the project which will signal the start of moves to dissolve the coalition government and preparations for general elections the Party knows it will lose.

In all the funding excuses the Minister of Finance has been notable by his silence over the matter which indicates that he may be in possession of adequate funds for the project but is unwilling to channel them for disbursement through the RBZ with its disrepute in handling Public funds.

In addition to the lame excuse about funding Zanu PF is adamant that the Kariba Draft Constitution must be the only reference document in this initiative.

But it was the same party that dumped the Kariba Draft in the dustbin and replaced it with Constitutional amendment No 18 and most people are curious as to what has attracted the Party to a document it dumped only a year ago.

Be that as it may the whole thing about the Kariba Draft anchoring the current initiative is political hot air which is without substance.

Anyone can make submissions to the Parliamentary Constitution Select Committee including submitting a full draft Constitution of his own and if Zanu PF is content with the Kariba Draft as its submission nothing should stop them from submitting it to the Thematic Committees outreach teams.

In exercising that right the Party must always remember that it does not have monopoly in determining what our Constitution will be and others outside its structures have equal rights to input ideas into the current initiative.

Whether they like it or don’t the public views will find their way into the Constitution otherwise the draft will be rejected by the referendum long before Zanu PF parliamentarians have an opportunity to reject its passage into law as threatened.

The problem is that the MDC will not allow the New Constitution draft to suffer the same fate as did the 2000 Draft Constitution at referendum stage.

And once the referendum endorses the Draft Zanu PF Parliamentarians will have very limited recourse to block its passage into law because they are in Parliament to represent the electorate.

Blocking the legislation of a Constitution adopted by the electorate will mean the parliamentarians are not working for the electorate AND THEIR SERVICES WILL NO LONGER BE REQUIRED.