We have just included content from the National Constitutional Assembly Draft Constitution (2001) in our online constitution resource.

The NCA's Draft constitution emerged from public inputs which the NCA, working through its own structures and those of its member institutions, received between May 1997 and December 2001 (a period of four and a half years). The final draft of the NCA constitution was published in September 2001, and public debate encouraged through October and November 2001. The draft, included here in this constitution resource, was agreed and finalised at an all stakeholders conference held in December 2001.

A full copy of the draft constitution, in PDF format, is available for download from the 'Constitution Documents' tab on our resource page.

The NCA provide the following summary of the key features of its 2001 draft constitution.

Key Features of this Draft

 This draft seeks to address the key issues of governance in Zimbabwe and has taken into account the NCA’s major concerns about the Draft of the Constitutional Commission. Its main focus is on having an accountable government through various checks and balances. Here are the main features: 
 
Non Executive President and an Executive Prime Minister 
 
The executive presidency was overwhelmingly rejected. This draft proposes a ceremonial President and an executive Prime Minister. The latter is a member of the National Assembly and is responsible and accountable to it. A unique feature demanded by the people of Zimbabwe is that the Prime Minister be directly elected by voters, not by Parliament. 
 
Parliamentary System of Government 
 
The Prime Minister, as head of government, is required to appoint most of his or her ministers from Parliament. Parliament has been given power to pass a vote of no confidence in the government, in which case, the Prime Minister will be required to resign. Parliament is also empowered to pass a vote of no confidence in a Minister, in which case that Minister must be removed. Although the Prime minister is directly elected by voters, Parliament may, by a 60% majority, remove him or her from office and this emphasises a fundamental departure from the executive President who has powers to dissolve Parliament should it pass a vote of no confidence in him or her. 
 
Two Chamber Parliament 
 
 Parliament is composed of two chambers; a National Assembly and a Senate. There are adequate provisions to make Parliament really powerful. For example, most appointments by the executive require the approval of either the National Assembly or the Senate. 
 
Representation of Interest Groups in the Senate 
 
The Draft proposes the representation of interest groups in the Senate. The groups include women, youths, the disabled, trade unions, ex-combatants, farmers and business. These representatives will replace presidential appointees and will be elected by the National Assembly from a shortlist submitted by members of the public. 
 
Mixed Electoral System 
 
 It is proposed that for the National Assembly, half the MPs be elected to represent constituencies under the “winner-take-all” system and the other half under a system of proportional representation.
 
Recall of Members of Parliament 
    
There is a proposed provision for the electorate to be able to recall an incompetent or underperforming Member of Parliament. 
    
Meaningful Bill of Rights 
    
The Bill of Rights proposed in this Draft is broad and meaningful. In addition to the well known civil and political rights, some of the rights included are: right to education, right to health, right to a clean environment, right to strike, rights of disabled persons and so on. Minority rights have also been protected. 
    
Death Penalty 
    
As part of the Bill of Rights, this Draft proposes that the death penalty be abolished in Zimbabwe in respect of all other offences except serious cases of murder. 
    
Free and Fair Elections 
    
The Draft guarantees a multi-party system based on regular, free and fair elections. To achieve this ideal, the Bill of Rights provides a set of political rights and the Draft creates a truly Independent Electoral Commission to manage the whole electoral process. 
    
Independent Commissions to enhance democracy 
    
A number of independent bodies are created to enhance democracy. These include a Human Rights Commission, an Anti-Corruption Commission and a strong Auditor-General. 
    
Devolution 
    
The Draft answers the call by many Zimbabweans for the devolution of governmental powers to people in provinces and other levels. To this extent, it provides for a system of provincial governments with a provincial assembly and an executive council headed by an elected Governor.
    
Land Question 
     
This Draft recognises the critical importance of land. It therefore allows government to compulsorily acquire land for equitable redistribution but requires fair compensation to be paid.