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Zimbabwe’s constitutional debate: unilateral Executive power enhances dictatorial tendencies

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Tuesday, February 19th, 2013 by Bev Clark

Just in from a subscriber:

The draft by COPAC is a meticulous fulfillment of the old times saying, ”that people are not inherently good, people are ready to show their vicious nature when it works to their advantage”. The coming in of a new supreme law is a welcome gesture. A constitution is widely regarded as a legacy of the past, present and future generation. Ancient and contemporary democracies to a significant extent embrace the legacy of the supremacy of civilian rule, accountability, separation of powers, transparency, liberty, and equality. The COPAC draft depicts a sharp departure from the commonly agreed key lynchpins of democracy. It is silent on a number of critical and pertinent issues such as past atrocities and government misdemeanour that seek redress. Zimbabwe is an infant democracy thus it would have been more prudent for the charter to summon for the establishment of vibrant state institutions not prone to manipulation and susceptible to political instability. The discriminatory clauses with a case in point of the death penalty spell a bleak future and a mammoth task to the establishment of consistent judicial precedence. Reading through chapter 5 which purports to create an Executive authority sent shivers to the spine. History has it on record that supreme Executive authority has led to the weakening of state institutions through appointments. It also has a danger of perpetuating the denial syndrome by political leadership thus aggravating political, economic and social distress. Unilateral Executive power enhances dictatorial tendencies. It is tragic that the COPAC draft has given a green light to one man rule thus nullifying the belief in check and balances. The draft is silent on the retirement age of Executive authority. Very little attention has been given to the voting and electoral system which in the modern day Zimbabwe is the source of hope for political transition. This further derails hopes for free, fair and credible elections. How on earth can a state be run and advised by an unaccountable Attorney General? It is a question that continues to boggle thinking minds. To crown it all the statement ”… becomes effective and for ten years thereafter …” clearly indicate lack of seriousness in Zimbabwe’ political and legal development. Though the draft tried to address numerous issues, it leaves very very little to admire in terms of ensuring stable political, democratic development and upliftment of the legacy of civil rule supremacy.Thus the adoption of the COPAC draft has numerous ramifications nationally, regionally, sub-regionally and as far as continentally. What a tragic testimony of political expedience in the guise of law making.

No democracy here

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Tuesday, February 19th, 2013 by Bev Clark

Here’s a press release from COTRAD in Masvingo:

Masvingo – In the early hours of today around 2am Zimbabwe Election Support Network(ZESN)  offices were besieged by two Nissan Hard body trucks without number plates at their Hofmeyer Offices in Masvingo. Party of the contingent seized the security guard who is always manning the premises and tricked him that they were ZESN officials from Harare and were rushing to Chiredzi to implement a program.  The unidentified men did not break any window but used bolt cater to open the doors. The unidentified trucks likened to the Central Intelligent Organization confiscated One desk top which is usually used by the provincial ZESN Accountant and contains all the ZESN financial transactions, Eight Chairs and close to Sixty T-shirts from the office. COTRAD views this as the continued crackdown on NGOS and targeting ngos to do with election related programing.The investigation team that has been sent to cover the matter was heavily composed of the members of the Central Intelligence Organization some of them who also disrupted a ZESN meeting a fortnight ago at Nyuni Mountain Lodge.

Meanwhile in Gutu Central Constituency  a COTRAD activist Albert Musvosvo was on Sunday 16 February 2013 around 5pm  kidnapped and assaulted by Zanu PF youth militia led  by Mukotami who is the ward 17 chairperson for  Gutu Central Constituency. Musvosvo was assaulted for mobilizing a public meeting that was conducted by COTRAD in Gutu Central Constituency on Saturday 15 February 2013. Musvosvo lost two front teeth and was treated at Gutu Mission Hospital.

Matter was reported to Bhasera police base in Gutu Central Constituency.

The political environment is heating up in Masvingo, the involvement of security forces in the crackdown is a cause of concern and serve to point that elections in Zimbabwe will be marred by violence.

COTRAD INFORMATION DEPARTMENT

Unity Government in Zimbabwe, playing at being democratic

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Tuesday, February 19th, 2013 by Bev Clark

Whilst the Unity Government hand out copies of the draft Constitution, they arrest people for gathering to discuss it:

Zim distributes copies of draft constitution

Zimbabwe has begun to distribute copies of a new draft constitution — a key reform ahead of elections later this year.

But a citizen’s group said police had detained three activists meeting to discuss the text, which is due to be voted on next month.

“We are starting distribution today of 90 000 copies of the draft constitution in various languages as well as braille and audio versions,” said Jessie Majome on Monday, a spokesperson for the lawmakers who wrote the charter.

Police arrested three people at a meeting on the constitution process in the central town of Chegutu, according to the head of a group promoting citizen participation, the Centre for Community Development in Zimbabwe (CCDZ).

“They were charged with organising and holding an illegal meeting and they are now being held at Kadoma police station,” CCDZ director Phillip Pasirayi told Agence France Presse (AFP).

Police could not immediately confirm the arrests.

The new constitution is a key reform ahead of an election in July to end a shaky power-sharing government between veteran President Robert Mugabe and Prime Minister Morgan Tsvangirai.

Zimbabweans will vote on the charter, which notably limits presidential terms and reduces the president’s power, on March 16.

Monday’s edition of the state-owned Herald newspaper carried a pull-out copy of the draft constitution. – AFP

NOW is the time to debate the Consitution

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Monday, February 18th, 2013 by Bev Clark

In my mind this is not only an entirely legitimate request, it’s also an essential one, that is, of course, if the Unity Government believes ‘the people’ count:

The National Constitutional Assembly (NCA) is filing an urgent High Court application this morning seeking an extension of the referendum date which was gazetted on Friday 15 February 2013. The government set the 16th of March 2013 for the conduct of the referendum were Zimbabweans will be asked to vote YES or NO for the draft constitution.

The NCA is seeking an extension of at least two months for the conduct of the referendum counting from the day gazetted by government. We strongly feel that Zimbabweans should be given adequate time to scrutinise the draft constitution and be allowed to make an informed decision on what they will be voting for.

We view this move to have the referendum on the 16th of March as a ploy by the parties in government to deny Zimbabweans a chance to scrutinise the flawed and undemocratic draft which they authored.

Further we wish to dismiss the ridiculous proclamations by the government that they will be distributing only 100 000 copies of the draft, and yet Zimbabwe has a population of more than 13 million people.

15 Reasons to Vote No to the new Zimbabwe Constitution

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Friday, February 15th, 2013 by Bev Clark

Just in from the International Socialist Organisation (ISO):

COPAC Draft Constitution

Vote No to this elitist Peace Charter and Politicians Gravy Train. Vanorovambwa vakaviga mupinyu

15 Reasons to Vote No!

1. It was not written by you the people but by four leaders of the GNU political parties.

2. It’s not democratic! 33 Years rule by one man is enough. It allows President Mugabe, 89, possibly to rule for another 10 years, when he will be 99! Zvanyanya… He must retire. Even the Pope has, at 85.

3. It does not provide funded and time-defined rights to: jobs, education, health, housing, water, food, electricity, public transport, rural development; disability; social security and empowerment. It does not provide basic rights but only progressive rights which are subject to claw-backs and availability of funds to the State but there are no provisions to enable the State to fund the declared rights.

4. It’s not democratic! It retains the imperial executive president: “President wemasimba ose.” President appoints all cabinet ministers and most senior state, military and judicial officials; can unilaterally change laws, dissolve parliament or declare war. Provides no age limit. Allows current judges and AG Tomana to stay in office without vetting. No real Devolution of power is provided for.

5. It does not guarantee free and fair elections! The same June 2008 generals and judges will control the election process! No right to vote for the Diaspora. No right to recall corrupt or ineffective councilors or MPs; No proportional representation of MPs; No quotas for workers, farmers, youths or war vets.

6. Is a politicians’ gravy train: has over 350 MPs, 2 vice presidents and an unlimited cabinet! It abolishes death penalty mainly for men over 70 years …who are these and why them alone? Abolish the Death Penalty for all! In 2011 it was the Zim 45 facing the death penalty for treason charges of watching the Egypt video, today it’s the GV 29 political prisoners…Free Maengahama and Ors… Drop the charges!

7. No compensation for victims of past genocides, Gukurahundi, state violence like June 2008 and Murambatsvina. No transitional justice and punishment for perpetrators of crimes against humanity.

8. Attacks workers: no living wage; no full right to strike; denies full collective bargaining for civil servants; prohibits civil servants and municipal workers from political activity; no protection of contract workers; no time limits for finalizing labour disputes;  no exclusive Labour Court.

9. Attacks youths and students: No right to jobs, public work programmes  or economic empowerment; no right to education, grants or loans; no youths quotas in parliament/councils; no right to abortion.

10.  Attacks women: no 50-50% quotas in jobs or all public offices; no economic empowerment; no social grants and social security right; no funded maternity pay/benefits for all women; no right to abortion.

11. Attacks vendors and informal sector: no right to trade or work without harassment; no economic empowerment; no social security benefits. Attacks and scapegoats minorities like gays and lesbians.

12. Does not give land to the landless or for housing or compensation to ex-farm workers but specially protects the chefs with many farms; and compensates ex-white and foreign western farmers.

13. Is preparation for another elite GNU after elections, bringing together Zanu PF and MDC politicians, bosses and imperialists to make money and accelerate their policies of capitalism,  ESAP and neo-liberalism against workers, youths, women, farmers and the poor ["Eat what you hunt"].

14. It totally defends the capitalist system and property of employers and the rich. No nationalization under workers’ and communities’ control of natural resources like diamonds, platinum, gold and major businesses to fund jobs, education, health, water, rural farmers etc. No empowerment or employee or community ownership schemes! It’s a constitution for politicians, employers and the rich: the 1% of plutocrats or elites, and not us the 99%, the ordinary people!

15. No more half-backed promises of change or the crumbs COPAC is offering just because of elections.  Politicians lie to get into power but once in office they forget the people and start looting.  The  COPAC Constitution will cost over $130million yet the SA one cost less than $30million! Like the Lancaster one, this COPAC Constitution will become permanent and enslave us and future generations. Politicians think they own the people, who will just blindly follow them … Stop them

Vote NO!  Capitalism Kills …. Socialism is Life!  Vote NO!

Contact the ISO: iso.zim@gmail.com

Equal opportunity retirement

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Thursday, February 14th, 2013 by Bev Clark

Some reflections from a Kubatana subscriber:

Fellow comrades, it is shameful that we watched helplessly as the politicians manipulated the  Zimbabwe constitutional process. But what could one have done taking into consideration the lessons learned in 2008 where a well known power hungry, octogenarian delayed and denied election results, and used violence to cling to power after being overwhelmingly defeated by people power. Is it that politicians can never be satisfied, that they will never say enough? Or is it that we are so blind to see how much ruin they can do to our lives if we just watch in silence.This month Mugabe will turn 89. My father was forced to retire at 65 by the very government ruled by an 89 year old man, just think of it comrade! The time to act is now. Lets register to vote in our numbers . It is our right to vote. It is one of our powerful voices to change things for the better. Dear comrade the future is in our hands.