Constitution Outreach: News Round-Up, 4 August – 13 August 2010
August 13th, 2010
These are media extracts relating to the constitution outreach process, appearing between 4 August – 13 August. To review previous news items, or follow updates daily, please visit the Constitution Resource page on the Sokwanele website. Please note that links to sources and full articles are also available on the resource page. These extracts are being emailed to our subscribers today – click here to sign up for our newsletter. Reminder: Please send a blank email to survey@sokwanele.com to receive an auto-respond reply with information on how you can participate in Sokwanele’s constitution survey. Alternatively, complete the survey online at www.sokwanele.com/zimbabweconstitution/survey
4 August 2010 – cont
ZBC rejects adverts
The Constitutional Parliamentary Select Committee (Copac) has failed to flight advertisements on national radio and television because the national broadcaster is demanding payment at commercial advertising rates. Constitutional and Parliamentary Affairs minister Eric Matinenga complained that the Zimbabwe Broadcasting Corporation (ZBC)refused to air Copac jingles at subsidised rates, or at similar rates to those paid for other government programmes. Matinenga said constitution-making was a national programme and as such, ZBC was obliged to support it by assisting the awareness programmes. [...] The state broadcaster plays frequent and lengthy pro-Zanu PF jingles on both radio and television and has said the advertisements are a national programme although other parties in the inclusive government charge the jingles are clearly partisan [Via NewsDay]
Artists draft charter for new Constitution
IN an effort to develop a common position among artists on what they could contribute to the making of a new constitution of Zimbabwe, a group of committed artists have written what they have called Artists’ Charter for Zimbabwe. [...] The Artists’ Charter for Zimbabwe is an 11-point document that begins with a preamble where the artists acknowledge “commitment to inclusiveness and diversity in the 2010 process of consultation that will produce a people driven constitution for Zimbabwe”. It is expected that artists attending Copac’s outreach meetings will articulate any of the 11 points they think should be incorporated in the new constitution. The first area of concern in the Artists’ Charter is freedom of artistic creativity. [Via The Herald - state-controlled media].
ZANU PF using soldiers, chiefs and militia to attack MDC
“Reports of assaults, displacements, arrests and harassments are being received daily from around the country. Many observers are questioning whether the MDC formations should continue being part of this constitutional exercise and also of the so-called inclusive government, when they clearly have no power. Reports on the ground confirm that many people are now too afraid to contribute freely at the outreach meetings”. SW Radio Africa go on to list violent incidents reported from Zvimba West, Headlands, Hurungwe, Uzumba and Guruve South [Via SW Radio Africa].
COPAC is a ‘trough feeding exercise’
Opinion: The COPAC exercise is a trough feeding exercise that enriches a self-selected elite while engaging in a fraudulent consultation of ‘the’ people, a process that will either deliver pre-conceived ideologies from the parties in charge or a bastardised amalgamation of unworkable and contradictory clauses. Consultation is a buzz-word that on closer examination does not have much meaning, except to justify a particular position. If we ask 50 people for their opinions and then promote one of these, is it justified because we have consulted? What about the little old woman in the corner who is too nervous to speak in public but has her own opinions? What about the loud-mouthed know-it-all who makes the most noise? Is his opinion more valid because he is so forceful? What about the 950 people who didn’t hear about the consultation or could not get time off work to attend? Are their opinions to be disregarded because they could not fit in with our schedule? [Via SW Radio Africa].
Constitutional options needed
Despite all the hurdles and hoops through which the constitutional outreach programme organisers have had to jump, the process is now well underway. But, with the high levels of Zanu (PF) intimidation reported from around the country, the outcome may not be a true reflection of what the people want. The whole exercise could well end up being rejected like the 1999/2000 constitutional debacle. In the event of the new draft constitution being rejected by the people in a referendum – then what? We know that Zanu (PF) would celebrate such an eventuality. It would play right into their hands – making it “logical” to hold the next elections under the existing, much-amended, flawed Lancaster House Constitution, which gives Mugabe unbridled power and has been largely responsible for the mess in which we are today. We would like to suggest that, instead of presenting the electorate with the choice of either accepting or rejecting a single draft, there should be more than one draft constitution. Instead of yes or no, let the choice be for version a, b or c. This way, whatever comes out of the whole exercise will be a better gauge of public opinion and will lead to a positive step forward – rather than yet another step backwards for Zimbabwe. [Via The Zimbabwean].
Could this be the kick of a dying horse?
‘Innocent people are dragged along to fight for a non-existent cause’ ‘The catalogue of sins committed by man in the name of God is legion’ For a long time now some politicians have been using the issue of homosexuality to gain political mileage. The spate of cheap ‘politricks’ by these power hungry fellows is legendary. As Zimbabwe undergoes a constitutional reform process, these politicians have gone all out to hoodwink people into believing that, for some reason, homosexuality is the enemy that is causing their suffering. Instead of addressing the real issues that citizens are concerned about, politicians use the platform to dish out a barrage of rhetoric deriding homosexuality.[...] t is a shame really to see how people use the Bible to support their own agendas. Yet the universal message in the Bible is love. The catalogue of sins committed by man in the name of God is legion. Such hate speech and prohibitive laws do not deter homosexual people – they only make them vulnerable. After reading a recent front page article with the heading ‘No gay rights in the Constitution’, a plethora of questions rang in my mind. What has homosexuality to do with the thousands of Zimbabweans wallowing in abject poverty, the crumbling health delivery system, the educational system which is in intensive care, the youths fleeing their own country, the victims of political violence, the homeless family…? – Miles Tanhira is a human rights defender [Via The Zimbabwean].
Taking the constitutional debate to J’burg
South Africa is home to millions of Zimbabweans who fled the country at the height of economic instability, political unrest and social woes. Since the beginning of the mass migrations, these Zimbabweans have been sidelined in most political processes particularly national elections. The country embarked on the outreach phase of the constitution making process on the 23rd of June 2010 yet this far, the Constitution Parliamentary Committee (COPAC) has not engaged ‘Diasporans’. The COPAC website, which the select committee indicated would provide Zimbabweans abroad an opportunity to input into the constitutional discourse, is still under construction with fears that the site might not see the light of day. While Movement for Democratic Change (MDC) officials said that the diaspora community would be allowed to participate, ZANU PF has indicated at different forums that as long as targeted ‘sanctions’ remain, the diaspora will not participate in any political processes. In a bid to engage the diaspora in the constitutional discourse, The Crisis in Zimbabwe Coalition held a diaspora public hearing, attended by 213 people (87 men, 11 women and 115 youths) at the Central Methodist Church in Johannesburg, South Africa on the 30th of July 2010 [Via Nehanda Radio].
Zimbabwe Constitutional Outreach Officials of MDC Stage Boycott Over Arrest
Independent civil society monitor Tadziripira Khumalo said many constitutional outreach team members are failing to stand up to those disrupting public meetings for fear they may be arbitrarily arrested. Constitutional revision outreach meetings in Zimbabwe’s eastern Manicaland province ground to a halt on Wednesday after outreach team members from both formations of the Movement for Democratic Change halted work to protest the arrest of a rapporteur from one of the MDC groupings on a charge of public indecency.[...] Following Munengiwa’s arrest Wednesday morning, about 70 outreach officers launched a protest boycott. [Via VOA News].
5 August 2010
UNDP gives Copac $8m shot in the arm
Copac co-chairperson Douglas Mwonzora Wednesday said his committee had received an $8 million shot in the arm from government and the United Nations Development Programme (UNDP) which would enable the committee to meet the September deadlines to complete the constitutional outreach meetings. Mwonzora said Treasury had released the supplementary budget to Copac to help themaddress all the financial challenges they had faced during the outreach programmes. He said the issues of Copac drivers and technicians that had gone on strike had been settled. “They will be paid their money this week because Treasury has released $8 million,” Mwonzora said. “We have taken positive steps to address our financial challenges.” He said the reaction by government, especially the Finance ministry, to help fund the constitution-making process had been very positive. [Via NewsDay].
Mutambara rules out polls next year
Speaking to the SABC, Mutambara says a lot still needs to be done before his country can safely declare its readiness to hold elections. [...] Mutambara says: “The new constitution, national healing political reform, electoral reform, economic reform those are important for us to achieve free and fair elections.” Some are already predicting elections next year but Deputy Prime Minister says that’s not possible. [Via The Zimbabwe Mail].
Children sidelined in constitution-making
Pupils at Riverside Secondary School at a rural settlement in Chivhu, 146km from Harare, watch from a distance as their parents, village elders and a group of strangers from Harare hold a dare (traditional village meeting) under a huge tree. [...] This meeting has been convened by Copac, which is soliciting people’s views on what they want to have in the new constitution. The adults’ attitude at this meeting towards the pupils is emblematic of the worrying trend that has been observed since the Copac outreach began. Children seem to have been sidelined as incapable of making a significant input to the constitution.[...] A snap survey by NewsDay revealed that children have been virtually ignored in the constitution-making process, and it has been left to adults, some of them totally clueless on children’s needs, to speak on their behalf [Via NewsDay].
Include local community rights in new constitution
Environmentalists have called upon Zimbabweans to advocate for clauses in the new constitution that will respect the rights of local communities to their natural resources as they are the owners and custodians of the environment. Gladman Chibememe, of the Chibememe Earth Healing Association, Shamiso Mtisi and Mutuso Dhliwayo of the Zimbabwe Environmental Law Association, this week said Zimbabweans should demand rights to an environment that is not harmful to their health. Chibememe said if local communities who lived in mineral-rich areas like Chiadzwa, or wildlife-endowed areas like Gonarezhou were to benefit from natural resources in those communities, they would feel encouraged to preserve them. “The new constitution should capture words like ‘local communities’ to make sure their rights over natural resources around them are secured. That would also make them true custodians of the environment,” said Chibememe [Via NewsDay].
Bizarre stunt fuels further acrimony in Copac outreach
A biazzare incident, in which an MDC-M rapporteur was arrested for allegedly exposing his private parts to a Zanu PF official, has ground the constitutional outreach process to a halt in some parts of Manicaland. Members of the MDC-T and MDC-M constitutional parliamentary committee (Copac) stopped working on Wednesday in protest at the arrest of rapporteur Kudakwashe Munengiwa on Monday. Munengiwa reportedly exposed himself after an altercation with Zanu-PF supporters that had started in Chimanimani and continued at the Mutare offices of Manicaland provincial administrator Fungai Mbetsa. Outreach teams surrender equipment at the end of each day and it was during this routine exercise that Munengiwa, angry that the Zanu PF officials had continued harassing him, chose to prove his manhood by pulling down his zipper. The row centres on Munengiwa and a team leader from Zanu PF, Senator Oriah Kabayanjiri [Via The Zimbabwe Independent].
Political parties ambiguous on 2011 polls
POLITICAL parties in the shaky inclusive government seem to be expressing divergent views on many subjects but a closer look clearly indicates that they are singing the same song when it comes to whether Zimbabweans should go to the polls next year. [...] MDC-T spokesman Nelson Chamisa described elections in 2011 as inevitable as Christmas on a Christian calendar. He believes elections are a platform for legitimisation of a government that will replace the present setup. “The party is in a permanent state not only for elections but real change,” he said. “There is no real change in Zimbabwe now until fresh free and fair elections. The solution is to deal with the electoral regime; implement the necessary reforms with a sense of urgency.” [...] On the other hand Zanu PF believes elections will be held in 2011 after a referendum on a new constitution. Zimbabwe cannot, political observers say, afford to sponsor a referendum and elections in the same year while others argue that local elections have been sponsored by organisations like the United Nations Development Programme [Via The Zimbabwe Independent].
MDC sustain broken limbs after Zanu PF attacks in Chipinge
Assaults on MDC officials and supporters intensified in the Chipinge area of Manicaland on Wednesday and Thursday, as ZANU PF continued its campaign of violence linked to the Constitutional outreach program. Provincial spokesperson and Makoni South MP, Pishayi Muchauraya, told SW Radio Africa that two MDC officials sustained broken limbs and MDC vehicles were attacked and vandalized by youth militia and CIO agents in separate attacks. The frustrated spokesperson talked about how their party will have to adopt defensive strategies to deal with ZANU PF violence and intimidation in all five districts of Chipinge. Muchauraya said: “We as MDC are partly worried that it is not working as ZANU PF alone. It has militarized the war vets. It has militarized the militia. It has militarized some headman. It has militarized village chiefs, to make sure that everyone within their circles is viciously attacking MDC supporters. Our concern is that this state sponsored violence cannot go ahead alongside the constitution making exercise.” On Wednesday in ward 4 Chipinge west, youth chairperson Tsvakeyi Muzhambi and two other MDC members were followed by ZANU PF thugs and CIO agents, armed with guns and sporting dark glasses. The group abandoned their car and ran for safety, but Muzhambi was cornered and assaulted severely. Muchauraya said the youth official dislocated his leg and the other two MDC members escaped, but also sustained injuries. The ZANU PF thugs and CIO agents drove the car, then deflated all the tyres and stole some cash, food and tools that were left inside. [Via SW Radio Africa]
Zimbabwe Constitution Committee Confers With Matabeleland Civic Activists
Zimbabwean lawmakers in charge of the country’s ongoing constitutional revision process and representatives of the three parties in the national unity government met Thursday with civic groups from the western Matabeleland region to discuss persistent problems how the public outreach process has been unfolding there. The Matabeleland Civil Society Consortium complained last week that the select parliamentary committee in charge of the process was not doing a good job publicizing outreach meetings, resulting in the lowest turnouts nationwide. Select Committee Co-Chairman Douglas Mwonzora told VOA Studio 7 reporter Jonga Kandemiiri that it was agreed such consultations should be held every Thursday so organizers and civic groups can update each other on the situation. Bulawayo Progressive Residents Association Coordinator Roderick Fayayo said the groups were happy with the outcome of the meeting.[Via VOA News]
‘Zim constitutional exercise in UK compromised’
The United Kingdom Diaspora constitution consultation initiative has been highjacked by the Crisis in Zimbabwe Coalition, a source told The Zimbabwe Guardian on Wednesday. An exercise meant to include the generality of Zimbabweans will include “presentations” by representatives of CZC, Mr Pedzisayi Ruhanya and Mr Dewa Mavhinga — a move seen as threatening the impartiality of the process. CZC — a coalition of civic society groups in Zimbabwe — has been criticised for its stance on the constitutional making process in Zimbabwe. One member of CZC, the National Constitutional Assembly led by Dr Lovemore Madhuku has dismissed the ongoing constitutional outreach process in Zimbabwe as “a farce”. CZC Programmes Manager Pedzisai Ruhanya has criticised the process saying President Mugabe’s Zanu PF party was pleased with the constitutional process “because it is tilted in its favour”. [...] Mr Msipa distanced himself from the decision to meet “political activists” from CZC saying he felt that the action compromises the impartiality of the UK constitution consultation initiative. He added that CZC was too aligned to one political party in Zimbabwe and therefore could not represent the impartial view that is needed in this process. [Via The Zimbabwe Guardian].
Murehwa DA bans civic-education ahead of COPAC
The District Administer for Murehwa a Mr. Mubvuro has banned civil education in the area ahead of COPAC outreach meetings scheduled for 14 August. According to Crisis in Zimbabwe Coalition whose meetings with the Murehwa community have been banned, the Murehwa District Administrator claimed that COPAC had directed him to ban civic education meetings in the area. “We were informed of this development by Murehwa Police Internal Security and Intelligence (PISI) when they refused to give us clearance for our meetings in the area. We then approached Mr Mubvuro who after quizzing him told us that COPAC had communicated with him to that effect, “ said Crisis in Zimbabwe Coalition in a statement. However, COPAC co-chairperson Douglas Mwonzora denied the allegations saying no communication was ever made by the Parliament led constitution making body. [Via ZimEye].
6 August 2010
The dead stalk inclusive government
The burial of President Robert Mugabe’s sister, Sabina at the National Heroes Acre has re-ignited debate on the increasing number of the country’s unsung heroes being denied recognition as a result of ZANU-PF’s decision to monopolise the selection of those who rest at the hallowed grounds.[...] On Monday the deputy chairperson of the Parliamentary Constitution Select Committee (COPAC) thematic sub-committee on war veterans, Raymond Majongwe, said he does not see anything wrong with the current process saying for as long as the definition of a hero remains as one who consistently contributed during the liberation struggle, ZANU-PF is on the right track. He added that the war was executed with ZANU-PF being used as a vehicle and as such it retains the right to decide who is honoured [Via The Financial Gazette].
Govt in breach of Constitution: Lawyers
Eighteen parliamentary seats have fallen vacant since the March 2008 harmonised elections with no clear indication when by-elections to fill these will be held. Legal experts who spoke to The Herald yesterday said according to the Constitution, by-elections should be held within three months of a seat falling vacant. However, this has not happened and some observers believe the three main political parties in Government might be comfortable with the current state of affairs where they do not have to get tested in a poll. The state of affairs means 18 constituencies have had no representation in the legislature for the periods that the seats have been vacant. Some of the vacancies date back to 2008; meaning tens of thousands of people have had no parliamentary representation for two years now. Constitutional lawyer Dr Lovemore Madhuku said while the 2008 Global Political Agreement between Zanu-PF and the two MDC formations provided for a one-year moratorium on the parties facing off in any polls, even that did not mean by-elections should be suspended [Via The Herald - state-controlled media].
Zimbabwe’s Lancaster Constitution No Longer An Option
Zimbabwe cannot afford to go back to the Lancaster Constitution if the current one being drafted is rejected by the people, the country’s chair of the umbrella organisations for civic society in Zimbabwe has declared.Speaking to journalists here, the chairperson for for the national association for non governmental organisations in Zimbabwe, (NANGO), Dadirai Chikwengo, said politicians had not made it clear on what will happen if Zimbabweans rejected the constitution which was being written. “As civic society we want the politicians to understand that if this process fails, we do not know where we will go to, but we are not going to the Lancaster one. We can not keep on going back to the Lancaster one. Maybe we will operate without a constitution,” Chikwengo said While the Referendum Act states that people will vote yes or no, Nango national Chairperson said that if the yes or no referendum is used then it’s not clear where Zimbabwe will head to. “History has taught us that if we vote yes or no for a whole constitution we will not go anywhere because if it is voted no we will not know where exactly we will have gone wrong. It is better that we have an issue based referendum where people will vote for issues.” [Via RadioVop].
Constitutional Revision Outreach Teams Back to Work in Zimbabwe’s Manicaland Province
Constitutional revision outreach team members in Manicaland province, Zimbabwe, returned to work on Friday ending a two-day boycott sparked by the arrest of a rapporteur form the Movement for Democratic Change, this following the withdrawal of charges sought by a senator of President Robert Mugabe’s ZANU-PF party. VOA Studio 7 correspondent Loirdham Moyo reported that the two outreach chairman for the province intervened to persuade Senator Oriah Kabayanjiri to withdraw his complaint against rapporteur Kudakwashe Munengiwa alleging that the rapporteur committed an act of public indecency in the course of an argument. [Via VOA News]
Sokwanele launches online Constitution Survey!
The constitution survey features a mix of questions. Some questions directly address content usually included in a constitution, while others seek to survey opinions on issues of concern to Zimbabweans. These issues, and Zimbabwean opinions on them, should guide those who are tasked to draft the new document and our views should be honoured in the detail making up a new constitution. [Via Sokwanele]
7 August 2010
Zim heads for more violence
Zimbabwe’s political situation is fast deteriorating amid warnings by analysts that any fresh elections under current conditions could plunge the country into unprecedented violence worse than the deadly clashes that left more than 500 opposition supporters dead two years ago [...] Cases of politically motivated violence and intimidation are escalating as the country slowly marches towards a new “people-driven” constitution – or possibly new elections next year under a new constitution or the existing one. The MDC-T led by Prime Minister Morgan Tsvangirai said assaults on its officials and supporters have intensified across the country in the past two months. The party accused President Robert Mugabe’s Zanu (PF) of activating the same machinery used during past elections to intimidate opposition officials and supporters. The machinery includes soldiers, Central Intelligence Organisation (CIO) operatives, the police, traditional chiefs, the youth militia and local thugs who are paid for each assignment. Reports of assaults, displacements, arrests and harassments are being received daily from around the country. (This article goes on to list incidents) [Via The Zimbabwean].
Makoni Ready To Challenge Mugabe and Tsvangirai, Again
Former Finance Minister and Zanu (PF) politburo member, Simba Makoni says he will challenge President Robert Mugabe and Prime Minister Morgan Tsvangirai again for the country’s presidency if elections are called in 2011.[...] He said the constitution making process currently taking place under the leadership of parliamentarians is “an entirely unnecessary, wasteful and unproductive exercise.” Describing the process as yet another gravy train, Makoni said, “It is very badly organised and a process that is badly organised is unlikely to yield a good result. There is too much focus on the material benefits of people particularly the members of the parliament.” He said the outcome of the process is likely to bear a heavy footprint of Zanu (PF) and its beliefs because people were not being given the opportunity to freely express themselves at outreach meetings. “We are likely to end up with a Zanu (PF) constitution which will be cheated on the country because of the manipulation of the outreach programme. It’s almost inevitable that we will have a draft constitution which does not reflect the views of the broad majority of the people of Zimbabwe. The only solution is to have a new election,”said Makoni [Via The Zimbabwe Mail].
8 August 2010
Election preparations on course: Tsvangirai
Prime Minister Morgan Tsvangirai says preparations for new elections are on course adding he was confident his MDC-T party would win the ballot and form the next substantive government. Tsvangirai told party supporters during a rally at Old Lwendulo Grounds in Hwange that the coalition government was not working adding his party could only deliver on its pledges if it had the “full authority” to govern. “The process of transition is an irreversible process to a free and fair election, because we can not continue to have this mule powered government as it is not doing much,” Tsvangirai said. The MDC-T leader said only a new “free and fair” general election would solve what he described as a “governance crisis” in the country. “This coalition is just a temporary arrangement. We want a permanent solution to the crisis of governance in this country,” he said. [...] Tsvangirai however, insisted that the ongoing constitutional reform process should be completed to ensure the election outcome is not disputed [Via NewZimbabwe]
9 August 2010
Zimbabwe’s 2011 elections
A flurry of concerns has erupted within sections of civic society and other observers over the possibility of Zimbabwe holding its general elections when the life span of the volatile transitional government expires next year. These concerns stem from the likely risk of the voting being done under a less than ideal electoral climate. Reports of turmoil surrounding the drafting of a new constitution, and the messy state of the voters’ roll are cause for numerous such worries. How much longer should a wretched and disenfranchised Zimbabwean populace wait? Is the Southern African nation on the threshold of installing its rather elusive new democracy this time around? [...] Calls for elections to be postponed are not new. Given the 2008 post-election violence; concerns about the dilemma of holding polls in 2011 are certainly justified. But there could be no guarantee that delaying the votes would make Mugabe fully comply with GPA. And so an election next year could as well be a daunting, but better option to undertake. [Via AfricaNews]
Constitutional Outreach Meeting Suspended In Masvingo
The Constitutional Parliamentary Committee (COPAC) has been forced to suspend outreach meetings in Masvingo after the homestead of an MDC-T district chairperson was burnt down by suspected war veterans. MDCT- T youth chairman for Bikita David Hollman’s homestead was burnt on Friday night after war veterans leader Jabulani Sibanda addressed a rally in the area. Sibanda allegedly warned MDC-T supporters that war veterans would repeat what they did in June 2008. [...] Zaka Central MP, Harrison Mudzuri (MDC-T) said they believed the people who burnt Hollman’s home were linked to the war veterans. He said Sibanda used inflammatory language and issued threats against MDC-T supporters. “As we speak he is addressing a rally a few meters from where a COPAC outreach meetings was supposed to take place,” Mudzuri said in a telephone interview from Bita. At least 10 meetings had been scheduled for Masvingo on Saturday and they were all cancelled. COPAC co-chairperson, Douglas Mwonzora confirmed the developments revealing that Sibanda had been ordered to leave Masvingo. “The teams on the ground feel that the atmosphere obtaining at the moment because of Sibanda’s presence is not conducive for them to get free and voluntary comments from the villagers,” Mwonzora said [Via RadioVop].
Mugabe blasts disunity, factionalism as Zimbabwe remembers its heroes
Zimbabwean President Robert Mugabe on Monday blasted internal disunity and factionalism, saying divisions exposed the country to threats from external forces. In an address to mark Heroes’ Day, Mugabe urged unity among Zimbabweans irrespective of race or political and religious affiliation. “We should shun divisions among ourselves. The enemy will be able to sneak into our midst if we continue to fight among ourselves,” the veteran leader told thousands of Zimbabweans gathered at the National Heroes’ Acre in the capital Harare.[...] He said an ongoing process to draft a new constitution should become the rallying point for all Zimbabweans in their quest to promote national aspirations and values. [Via APA]
10 August 2010
Boycotters assaulted
Zanu (PF) militia, led by the district chairperson John Kanindiriri are reportedly assaulting people who fail to attend forced outreach meetings in the area. Kanindiriri is allegedly travelling around the district with Zanu (PF) activists and members from the Central Intelligence office threatening to beat up anyone planning to oppose the discredited Kariba draft during the outreach meetings. Reports also say National Youth Service graduates, commonly referred to as Green Bombers, have reportedly camped out at Mayo business centre. In interviews carried out by The Zimbabwean, the locals said that no work had been done and the youths are threatening to cause disturbances if the villagers reject the Zanu (PF) Kariba draft of the constitution. Solomon Gatare an MDC-T councillor in the area said: “We thought that the constitutional outreach program was supposed to peacefully create a new people-driven constitution for Zimbabwe, but instead it has brought little more than renewed violence against those perceived to be MDC supporters in this area.” [Via The Zimbabwean].
‘Tsvangirai can be crushed like a fly’
War veterans’ leader Jabulani Sibanda has equated Prime Minister Morgan Tsvangirai to “a fly” that could “easily be eliminated” from the political scene if need be, as the Premier did not have the power to rule Zimbabwe. Sibanda reportedly made the remarks while addressing hundreds of villagers at Mashoko business centre in Bikita West in Masvingo at the weekend where he is allegedly terrorising villagers with the help of a group of war veterans and Zanu-PF activists. [...] “Tsvangirai is just like a fly in a kombi or a bus. The fly can sit on the driver’s seat but that does not make it the one in charge of the bus. He (Tsvangirai)can be eliminated in the political set-up anytime and life will go on,” Sibanda is quoted as telling villagers at the rally. “Nhunzi unogona kuipwanyira pahwindo inobva yafa.(You can kill a fly by simply swatting it against a window),” Sibanda allegedly said in reference to PM Tsvangirai. [...] Chamisa said the people were being denied the right to choose who they want to govern them and this goes against the dictates of democracy and the crafting of a new constitution that is underway. Police spokesperson Chief Superintendent Oliver Mandipaka said police were yet to receive a report to that effect and would only take action once they have assessed the report. “We have not yet received the alleged threats of violence during the Copac outreach consultation process. Even the burning of houses that has been reported in the province has not come to our attention. We are still waiting for the report,” Mandipaka said [Via NewsDay].
MDC-T dismisses in-country violence reports
Constitutional and Parliamentary Affairs Minister Eric Matinenga has urged civil society and foreign based online media to desist from peddling falsehoods about political intimidation and violence during the ongoing outreach programme. Minister Matinenga, who is from the MDC-T party led by Prime Minister Morgan Tsvangirai, also dismissed reports that the public media were refusing to publish Copac publicity materials. Responding to questions at a media briefing in Harare last Thursday, Minister Matinenga said the constitutional outreach programme was progressing well and there was no violence or intimidation as reported by some online and international media. “It’s not good for us to talk about intimidation. Let’s have the facts and I would have appreciated if you had these incidents documented for us to investigate them,” he said. Minister Matinenga said the suspension of the outreach meetings in some parts of Manicaland recently was a result of a dispute between a rapporteur and a team leader contrary to some media reports that it was due to intimidation and violence. “It is not intimidation at all. There has been disagreement between a rapporteur and a team leader,” said the minister [The Zimbabwe Guardian].
Women participation in Copac meetings limited
Women seem to be bound by cultural values that do not allow them to raise or debate issues in the presence of men. Concerns raised at a recent workshop that was organised by Msasa Project in Bulawayo, showed that women were not fully participating in the consultative meetings. Various stakeholders from the civic society and officials from the Ministry of Women’s Affairs, Gender and Community Development attended the workshop. The objective of the workshop was to review progress so far in the constitution-making process vis-à-vis women’s issues. It emerged that women in rural areas are shying away from the process [Via The Herald - state-controlled media].
Zimbabwe Constitutional Committee to Set Up Conflict Management Mechanism
The Zimbabwean parliamentary committee in charge of constitutional revision is setting up a mechanism for conflict management to look into alleged intimidation and violence in the public outreach process, officials said Tuesday. Select Committee Co-chairman Paul Munyaradzi Mangwana of the ZANU-PF party of President Robert Mugabe said a committee in each of Zimbabwe’s 10 provinces led by representatives of the three political parties involved in the 18-month-old unity government will work with the police to crack down on abusive activities. Mangwana rejected accusations that ZANU-PF supporters have engaged in intimidation tactics, saying local disputes are being confused with disagreements that have to do with the constitutional outreach process. The public outreach process has had many organizational and logistical problems since its launch in mid-June, and the former opposition Movement for Democratic Change says ZANU-PF is systematically suppressing free speech on the constitution [VOA News].
Britain leads Zim constitutional exercise in the UK
The Zimbabwe “constitutional reform initiative” in the United Kingdom is not wholly independent and the final communique that will be submitted to Copac in Zimbabwe might not represent the views of the majority of Zimbabweans in that country, a source has told the Zimbabwe Guardian. [...] It has now emerged that the Foreign and Commonwealth Office of the United Kingdom (FCO) is also involved in that process. Members of ZDDI and some Zimbabwean activist groups have had at least one meeting with the FCO, according to our source. “The constitutional exercise is not, and has never been, driven by Zimbabweans in the Diaspora,” said our source, preferring to remain anonymous. “The facts are that Mr Mark Canning, UK ambassador to Zimbabwe, convened and chaired a meeting on 21 October 2009 to selected Zimbabwe Diaspora groups among them ZDDI, SW Radio Africa and the MDC-T party led by Prime Minister Morgan Tsvangirai. “These organisations do not, in any way, represent the generality of the Zimbabwean community in the UK. There has never been any consultation that included Zimbabweans and we do not know whose views they represent [The Zimbabwe Guardian].
11 August 2010
Gender activists attack Mugabe
President Robert Mugabe’s recent sentiments about polygamy have ruffled feathers among women’s rights groups who have described them as unfortunate especially in light of the ongoing constitution-making process. Mugabe last month urged members of the Johanne Marange Apostolic sect to push for a constitution that denounces homosexuality. But he said he had no problems with those who practiced polygamy because it was approved of in the bible. Last week, women rights activists said Mugabe’s sentiments were outdated and dangerous. They added that the age of enlightenment encourages mutual respect between men and women and thus should encourage monogamy instead. “It is amazing that in this day and age of emancipating women, we have other people calling for the infringement on women’s rights,” one activist said. “Marriage is about rights and although we respect that the issue of polygamy goes down to choice; we are also aware that women want exclusive relationships with men and very few want to share their men with other women.” The activists said since it encouraged multiple sexual partners, polygamy was also likely to worsen the spread of HIV and Aids. They said the issue of many wives would also contribute to psychological problems for women and children, adding that it also usually results in messy relations when it comes to family property [Via The Standard].
Zimbabwe Constitution Process Resumes After war Veterans Leader Sibanda Leaves Masvingo
Sources in Mashonaland West province said war veterans were threatening to seize land from resettled farmers if they failed to back ZANU-PF positions on the new Zimbabwean constitution in public outreach sessions. The parliamentary committee in charge of revising Zimbabwe’s constitution ruled this week that liberation war veteran firebrand Jabulani Sibanda, accused of intimidating villagers in Masvingo province, should leave the province. Parliamentary Select Committee Co-Chairman Douglas Mwonzora said ZANU-PF and both wings of the Movement for Democratic change agreed Sibanda should be ordered out in the interest of the public outreach process. Sibanda is accused of terrorizing villagers in Bikita West to ensure they adopt positions favored by the former ruling ZANU-PF party of President Robert Mugabe. He has also been accused by MDC officials of being involved in last Friday’s burning of the home of a local official of the MDC branch led by Prime Minister Morgan Tsvangirai [Via VOA News].
Copac files notice of opposition against trio
The Constitutional Parliamentary Select Committee (Copac) has filed a notice of opposition to a court application by three members of a civic organisation, Ibhetshu likaZulu, who were seeking an interdict from publishing any press statement regarding them. Mr Qhubekani Dube, Mr Mqondisi Moyo and Mr Phathisani Nondo want Copac to prepare a public apology and retraction in eight newspapers, namely Chronicle, Sunday News, The Herald, The Sunday Mail, The Financial Gazette, The Standard, The Independent and NewsDay with a minimum of two advertisements or publication of such an apology [Via The Chronicle - state-controlled media].
Constitution outreach provides comic relief
While the writing of the constitution is serious business that must shape the country’s destiny, outreach meetings in full swing since late June have not been without their fair share of humour. The stories about what transpires at the meetings have mainly been about the violence perpetrated by pockets of Zanu PF hardliners and logistical problems but there is also a lighter side to the process. Rapporteurs last week told how they were having difficulties in restraining themselves from bursting into laughter, each time the rural folk stood up to air their views. In Gwanda, a woman is reported to have stood up and said she wanted a minimum age limit on when children could be raped. “I ask that in the constitution our children (girls) should not be raped before they are 24 years,” she said, in a recorded statement, drawing much laughter from the crowd. It was not clear what she meant, but speculation was that she was referring to the legal age of sexual consent, presently pegged at 16 for girls. An elderly man, in agreement with the lady, said they should review the age of majority and put it at 33 years, since Jesus died at that age, instead of “(President Robert) Mugabe’s majority age of 18, which was responsible for the youth becoming disrespectful”. Another woman spoke of the need to ensure that a popular radio cookery programme was reintroduced. She said since it was taken off air, many women were failing to cook satisfactorily for their husbands and this had resulted in many families breaking up [Via The Standard].
Zimbabwe: A Compelling Case for Alternative Constitutions
This paper would like to endorse and build on the suggestion made recently by the Zimbabwean news organisation that, instead of presenting the electorate with the choice of either accepting or rejecting a single draft, there should be more that one draft constitution. “Instead of yes or no, let the choice be for version a, b or c. This way, whatever comes out of the whole exercise will be a better gauge of public opinion and will lead to a positive step forward – rather than yet another step backwards for Zimbabwe”, ‘The Zimbabwean’ said. This is a very persuasive suggestion which has a lot of advantages for the country and the donors who are funding the current protracted outreach programme which has not yet reached the cities of Harare and Bulawayo in spite of the approaching deadline. Alternative constitutions could be in the form of party or civic sponsored constitutions to be put to a referendum at the same time to gauge public opinion as follows e.g. MDC-T sponsored constitution, Zanu-pf sponsored constitution, Zapu sponsored constitution, NANGO or NCA sponsored constitution and so on. They would need to canvass support peacefully and sell their products as done in other democracies [The Zimbabwe Telegraph].
Parliament in Constitutional Reform Process in Zimbabwe: Post Drafting
What role parliament and the executive plays, with regard to their legislative authority, towards the draft constitution emerging from the All Stake holders’ Conference, remain an elusive and controversial issue. This is further complicated by effects of the Referendum Act 1999 [2.10], which provides the Executive President with unlimited powers over the process. Sadly Zimbabweans have been left not any wiser because of the lack of clarity on this matter in the GPA, or further directions from the Minister of Constitutional Affairs, except the lingering silhouette legacy of the Mushayakarara case. Nothing aptly demonstrate this quagmire and danger more than the debacle of the Chidyausiku Commission in 2000. The Constitutional Reform Commission ,appointed in terms of the Commission of Inquiries Act, produced a draft constitution which was gazetted on 30 November 1999.This Gazetted draft contained some clauses totally divergent from the original draft. Exacerbating the situation, President Mugabe on 19 January 2000, published a further draft which contained 44 so called ‘Corrections and Clarifications’. Principally included was a new clause on 57, a clause allowing the state to compulsorily acquire land without compensation.14 of the 44 Corrections and Clarifications actually substantially altered original clauses of the draft constitution, before it was subjected to a referendum. Shortly the after rejection of the draft in a referendum on February 12-13, 2000, the amended Section 57 [on compulsory acquisition of land] of the draft found expression in the constitution through ZANU PF fourth parliaments’ last act in tenure through amendment No 16.The amendment of the draft was the subject of litigation in the Mushayakarara case which I will discuss later. The constitution of Zimbabwe provides in Section 32 that the legislative authority of Zimbabwe ‘shall vest in the legislature, which shall consist of the President and Parliament. Furthermore, Parliament is given sole responsibility ‘to amend, add or repeal any provision of the constitution by Section 52. The procedure for making law [through enactment, repealing and adding] is that subject to a quorum of a simple majority of both houses, legislators can make or amend any law, including constitutional law [Via The Zimbabwe Telegraph].
12 August 2010
Villagers ejected from meeting as people vote for the constitution
The eight villagers were ejected from a meeting held at Corner Store Shopping Centre in Hurungwe after they were barred from making any contributions during the meeting and accused of not residing in the ward. The ejection of the eight villagers came after some of them made contributions that were considered to be against what other villagers had been advised to articulate at the meetings. Although the eight villagers insisted that they reside in the area they were chucked out of the meeting and eventually left the meeting place as the situation got out of hand after some commotion. The meeting at Corner Store Shopping Centre, which was attended by more than 200 people continued after the departure of the eight villagers. The issue of villagers not residing in a certain ward was only raised when the “strange” villagers had said something that didn’t go down well with the majority of villagers at the meeting. Incidents of villagers having been chased away from COPAC outreach meetings because they are regarded as “strangers” have been recorded at most meetings held in Mashonaland West, according to ZZZICOMP monitors. Participants at some meetings are reportedly being asked to vote for a particular point against the normal procedures where participants just make their contributions which will be captured by the rapporteurs. ZZZICOMP monitors say the move is being propagated by some ZANU PF members who felt that their party’s views were being diluted by some counter contributions from some members of the Movement for Democratic Change (MDC) [ZZZICOMP Press Release]
MDC activists battling for their lives
Two MDC activists, Perpetua Pedzisai and Tsvakai Muzhambi are battling for their lives at a Mutare hospital after they were severely attacked by Zanu PF supporters on Wednesday in Chipinge, Manicaland province in an attempt to bar them from participating in Copac meetings. Pedzisai is the Ward 6 organising secretary for Chipinge Central while Muzhambi is a committee member for Ward 16 in Chipinge West. They were attacked in separate incidents on Monday and have since been transferred to a hospital in Mutare. [...] In Chakari, Midlands North province, police are barring MDC officials from holding their meetings in the area claiming they will disturb Copac outreach meetings. On Monday, the police disrupted an MDC ward meeting that was being held by Chakari district chairperson, Moscow Chakabvapasi [Via MDC Today - 12 August]
Zim halts constitutional exercise
Zimbabwe’s troubled constitutional reforms have ground to a halt after running out of cash, a senior official confirmed last night. Douglass Mwonzora, a joint chairman of the Constitutional Parliamentary Committee (COPAC) in charge of the reforms, told ZimOnline that a key exercise to gather citizens’ views on the new charter cannot continue because there is no money for fuel for teams to travel to meetings with members of the public. [...] The United Nations Development Programme (UNDP), which has helped mobilise from international donors most of the cash that has funded constitutional reforms to date, has reportedly asked the government to foot the fuel bill. ZimOnline was last night unable to reach UNDP resident representative in Harare Alain Noudehouis to confirm whether the organisation has asked the government to pay for fuel for the outreach exercise. [...] While Mwonzora was hopeful that the outreach exercise would resume soon, sources at COPAC said head of the commission’s secretariat, Peter Kunjeku, has written to outreach team members to stop the information gathering exercise until money for fuel is found [Via ZimOnline]
Envisaged fundamentals of Zim’s new constitution
AS the days go by and with teams soliciting for views from villages and other areas throughout the country, I find myself wondering whether the outcome will actually capture, what I would call, the fundamental issues facing our nation. How are we going to define our country in this constitution? What comes to mind is the liberation ethos of this country. There can never be any basis for this new constitution except that this country was liberated by force of arms and so many died for all of us living today. Some may find this an unacceptable pretext to justify their claim to power. [...] If the liberation ethos becomes the basic nature of our constitution, then any party in Zimbabwe that wants to put up a candidate for the presidency should have a candidate with the war of liberation credentials. This would exclude many from the body politic who may be pretenders to the throne of the presidency. This means parties shall be guided by the war of liberation credential ethos of the country [Via The Herald -state-controlled media].
13 August 2010
Bulawayo, Harare to wait a while for Copac teams
Residents in Bulawayo and Harare provinces will wait for another two months to air their views on the new constitution, an official said yesterday. In a telephone interview, the Constitution Parliamentary Committee (Copac) co-chairperson, Mr Edward Mkhosi said five districts were outstanding in the constitution outreach exercise in Matabeleland South before they came to Bulawayo. “Today (yesterday) we are targeting Matopo in Matabeleland South and from there we will be moving to Mangwe District and then move on to Bulilima West and Bulilima East before going to Beitbridge and finally to Bulawayo,” said Mr Mkhosi. “You will note that we spend about two to three weeks in each area and at that pace you can count how long it will take to come to Bulawayo.” [...] Mr Mkhosi said Bulawayo and Harare would be the last provinces to be attended. “Bulawayo and Harare will be the last provinces, when all areas have been covered and at that time all the outreach teams will jointly cover these cities. “Harare will be our final target after which we will analyse the data gathered,” he said [Via The Chronicle - state-controlled media]
Zanu PF terror campaign stalls public hearings
Zanu PF intimidation and violence stalled the constitution making process in Manicaland province, with known state security agents using three identifiedvehicles to abduct party activists. At Clearwater tea estate in Chipinge Central on Wednesday, the MDC ward 7 chairperson, Naison Mlambo Madzangata was abducted by Zanu PF youth and war veterans, led by the ward 7 Zanu PF chairperson David Mwatinda. A vehicle was sent into the estate to rescue him before much harm was done to him. In Chipinge West, an MDC vehicle carrying supporters and advising people that the Copac meetings had been suspended in the province, was pursued by a truck load of rowdy and weapon-wielding Zanu PF youth and war veterans, forcing the people to scamper for safety. One of the MDC youth, Tsvakei Muzhambi was captured and assaulted. He fractured his leg in the process. The Zanu PF supporters then drove the vehicle for a while before puncturing the tyres and seizing the spare wheel. On August 6, at Christina Dairy, people who gathered for public hearings, unaware that the meetings had been suspended in the province, were assaulted by Zanu PF supporters. The MDC ward chairperson for the area, Pepertua Pedzisai (48) was assaulted. The thugs fractured her arm during the assault. The Zanu PF youth and war veterans proceeded to Christina primary school where they again assaulted a male teacher and fractured his arm as well. The teacher, who is physically challenged, was assaulted on charges that he is an MDC supporter. The vehicles used in the abductions, assault and torture activities have been identified as follows: *White Nissan Hard body, double cabs, -ABM 0196 being driven by a Central Intelligence Officer only identified as Shingi.-ABM 0155 being driven by the Officerin Charge Chipinge CID known as Chizemo or ‘Madzibaba’. He is a member of the Johanne Masowe Echishanu apostolic sect. -ABM 0203 being driven by one Central Intelligence Officeronly known as Matake. Reports floodingin from Manicaland reveal the situation is tense and people are paralysed with fear. [Via The Real Change Times - MDC Newsletter].
Farm workers denied voice in new constitution
Former farm labourers who are victims of the chaotic land reform programme are failing to participate freely in the constitution-making process that is currently underway, a farm workers’ organisation has said. The General Agriculture and Plantation Workers’ Union of Zimbabwe (Gapwuz), which is carrying out a nationwide constitution education campaign, said the situation is dire in Mashonaland provinces. There is rampant intimidation at farms from Zanu PF loyalists who want to foist their views on the people. We have travelled to various provinces in the country sensitising the farm labourers but we have realised that people are not able to speak for themselves because of intimidation and threats of expulsion,” said Gapwuz spokesperson Tapiwa Zivira. [...] Most farm labourers in Zimbabwe are of foreigndescent, mainly from Malawi and Mozambique. Their children do not have birth certificates and are often exploited by new farmers who pay them poor wages. “We want the farm labourers to be recognised as citizens of the country so that they will be able to participate in national events such as elections,” said Zivira. Without national identity documents, farm labourers may not be able to participate in the forthcoming referendum on the new constitution [Via NewsDay].
Roll of Shame
The Real Change Times continues naming and shaming people who are disrupting the people-driven Constitution Outreach program. Jabulani Sibanda – a self styled war veteran. Sibanda last week led to the cancellation of Copac outreach meetings in Masvingo province after he terrorised and threatened to skin villagers alive at a rally at Mashoko business centre in Bikita West.The following soldiers and Zanu PF supporters are harassing and intimidating villagers in Mberengwa South, Midlands South province ahead of the Constitution-making exercise in the area. Eremicious Makumire, a soldier popularly known as Shamu. He is operating in Ward 2, Chomubhobho under Operation Maguta and is moving around armed and threatening villagers if they speak against the discredited Zanu PF Kariba draft. Miros Mabatagore – a Zanu PF supporter has illegally occupied a house for the teachers at Ivhu Kuvanhu primary school and is threatening to evict the teachers from the school if they participate in the Constitution-making process. One Major Dhlamini and a Central Intelligence Organisation (CIO) operative Shepherd Chitongo are threatening villagers with unspecifiedaction if they participate in the Constitution-making process in Mataga area. [Via The Real Change Times - MDC Newsletter]
Reform exercise back on track
Zimbabwe’s constitutional reforms that were grounded this week because of cash shortages are back on track after the government agreed to pay for fuel supplies. Douglas Mwonzora, joint chairman of the Parliamentary Select Committee or COPAC, said an outreach programme to record citizens’ views had been rescheduled, but warned that similar problems could affect the reform process unless more cash was made available to the committee. The outreach programme stopped on Wednesday in most parts of the country after state-owned firm, the Central Mechanical and Engineering Department (CMED) refused to supply fuel insisting the COPAC first pays for 60 000 litres of fuel previously supplied. [...] “We had been telling Treasury all along that we were running out of fuel but they were taking their time. They only responded when there was a crisis. We are happy that we back on the ground rescheduling cancelled meetings but we fear a repeat of this if the payment system is not changed,” said Mwonzora [Via ZimOnline]
Copac row: Pair buries the hatchet
The constitution-making outreach pair at the centre of a public indecency row that crippled the programme in Manicaland last week has buried the hatchet and the criminal charges have since been withdrawn. This follows a written apology by the accused — Kudakwashe Munengiwa (MDC), a rapportuer — to team leader Senator Oriah Kabayanjiri (Zanu-PF) last Thursday. Munengiwa was arrested last week for alleged public indecency [Via The Herald - state-controlled media].
