The Movement for Democratic Change (MDC) has launched a Vote Yes campaign for the new Draft Constitution for Zimbabwe. But what are they doing about the fact that Zanu PF seems to have a very different draft in mind? Ignoring the reality of the political impasse the Constitution-making process has reached isn’t going to get us to a 2nd All-Stakeholder’s Conference, Constitutional Referendum or new elections any quicker.

You can bet your butt that these things only happen in Zimbabwe: expecting mothers moaning and groaning as they wait their turn to deliver – doing the writhing not on a bed, but a hospital bench! And this week I met some nurses who recently finished their training and they said they were looking for jobs, wait for this, not as nurses but temporary teachers because government isn’t hiring! I was told some of their “fortunate” colleagues are working as till operators at some supermarkets in Bulawayo! And we vividly recall President Mugabe lambasting Australia and the UK for reaping where they did not sow by luring Zimbabwean nurses! Crap by any other name.

So police stopped my husband and me after crossing Fourth Street along Herbet Chitepo for “failing to stop at an amber light”. The officer who pulled us over was unnecessarily aggressive right off the bat harshly telling us ‘green is a caution to stop so you’re not allowed to proceed on amber’. I wasn’t happy with his attitude and asked for his unit number, rank and name all of which he refused to give and asked us to pull over. Basically, the whole thing devolved into threats to open a docket and us argue our case in court simply because I asked for unit number, rank and name none of which were ever given to us. The second officer then diffused the situation and let us go but not after trying to open the front passenger door so he could let me out “so we could talk”. I locked my door, told him I’m pregnant and it’s hot so no thank you but I was stunned that he was so forward and intent to “talk” and I wasn’t even the driver. It was an aggravating situation to be in and the blatant abuse of power and manipulation (twisting facts and threatening us with court) had me reduced to tears. – Kubatana subscriber, Harare

Action: Get informed. According to the Highway Code, you must stop at an amber light, unless you are too close to the stop line that you cannot stop safely, in which case “the vehicle shall proceed subject to due precaution being taken.” According to the February 2012 Traffic Fine Schedule, the fine for proceeding against an amber light (where you could have stopped safely) is $10. You can get the Traffic Fine Schedule here

Trouble Brewing in Zimbabwe – Constitution-Making in Crisis

Everyone knew that the constitution-making process in Zimbabwe would be fraught with tension as the two MDC formations and ZANU-PF battle out the terms of the country’s new Constitution. Much has been said about the futility of this process since ZANU-PF repeatedly indicated its eagerness to go into elections under its current Constitution. But much can be said for the clever shenanigans of the ZANU-PF negotiating team which appears ‘hell bent’ on creating a deadlock in the process.

Below are some of the less well-known aspects of ZANU-PF’s constitutional-drafting endeavours that came to light this week.

Some background first – in July 2012, the official constitution-drafting body, COPAC, published the second draft Constitution – something that can best be described as a negotiated settlement between the key parties after a politically motivated community consultation process. The draft Constitution did not bode well for the interests of ZANU-PF officials, so with a good dose of confidence, they rewrote the document to their liking and presented it with fanfare to COPAC and the nation. Of course this flouted the entire purpose of democratic constitution-drafting and lead to the MDC formations declaring a deadlock – thereby strengthening ZANU-PF’s argument for the need to go into elections under the current constitution, exactly what they wanted.

ZANU-PF‘s constitutional drafting is an absolutely fascinating read, revealing much of the inner psyche and paranoia of the party, and also their political skill and determination to hold on to power.

The first strategy of the Party focused on amending the draft Constitution to afford more power to the President – essentially, the amendments limits executive power to the President allowing him to do anything he wants without the need for consultation or accountability. According to ZANU-PF, Vice-Presidents should not be elected, but appointed by the President and they should be accountable to the President and not parliament. The amendments have removed any purpose in having a Cabinet or Speaker of Parliament. If ZANU-PF had their way, the President would also effectively be able to veto all Bills which they do not agree with. And when the President dies, or becomes incapacitated, his party can decide which of the Vice-Presidents should take over.

Giving the President more power is in direct contrast to the previously discussed proposal of devolution of power to lower structures and communities. This concept was widely supported by communities during the constitution-drafting process and included in the draft Constitution. Needless to say, devolution of power is not supported by ZANU-PF and was accordingly not included in their amended draft version of the Constitution.

The second strategy seems a calculated move to show their benevolence. ZANU-PF has inserted deliberate points aimed at appeasing communities who might be upset by the increased authoritarianism of ZANU-PF’s draft Constitution, for example:
• A new section has been inserted providing for the economic empowerment of war veterans;
• Youth between the ages of 15 and 35 are entitled to various rights in the amended version, including education and training (in addition to the rights already provided for children up the 18 years of age) and a separate right to sport and recreation has also been added to the Constitution;
• ZANU-PF’s amendments reduce the age of elderly from 70 years to 65 years and include access to free health care for the elderly.

The third strategy appears to be to limit international influence over ZANU-PF’s vision of an autocratic state. ZANU-PF has sought to delete, or ‘water down’ provisions aimed at applying international law to Zimbabwe. They deleted the provision providing for domestication of international instruments. To ensure that constitutional provisions cannot be given a broad interpretation, the party removed every phrase in the draft Constitution which referred to an “open, just and democratic society”. ZANU-PF also included a phrase allowing rights to be restricted based on “national security”.

The fourth strategy looks like typical electioneering politics, trying to appease conservative, traditional and religious sectors, and force the opposition to come out in support of minority groups. If ZANU-PF had their way, freedom to demonstrate and broadcast would be restricted to citizens and permanent residents. Dual citizenship is prohibited, and a foreigner married to a Zimbabwean can only obtain permanent residency after ten years, as opposed to the current requirement of five. The broad right to make decisions on reproduction included in the draft Constitution has been deliberately limited in ZANU-PF’s amended version to decisions on contraceptives, child-spacing and family-size. From the right to privacy, ZANU-PF has deleted the right not to have one’s health condition disclosed. Similarly, from freedom of the press, they have removed the protection of confidentiality of journalists’ sources. Finally, the status of traditional leaders is further strengthened. Specifically, ZANU-PF’s amendments remove the clause in the draft Constitution which prohibited traditional leaders from acting in a partisan manner, participating in political parties or violating the fundamental rights of persons.

As part of their fourth strategy, to present themselves as a ‘morally pure’ party, ZANU-PF has gone on an all-out attack on gays and lesbians. The organisation Gays and Lesbians of Zimbabwe (GALZ) has been experiencing increased harassment for the past two weeks, with disruption of their meetings, assaults on their members, repeated arrests of members and staff, and raids on their offices. As part of this move, ZANU-PF’s draft amendments to the Constitution explicitly ban same-sex marriage and prohibit “homosexuality, gays and lesbian practices”. Whatever this unwieldy clause might mean, it suggests a full onslaught on people based on their sexual orientation and gender identity in the run-up to the elections.

As everyone holds their breath to see what will happen, the deadlock is an ominous sign of a party in crisis, holding on to their power with determination.

Written by Anneke Meerkotter, lawyer at the Southern Africa Litigation Centre
www.southernafricalawcenter.org

According to preliminary research findings carried out in 2011by the African Network of Constitutional Lawyers (ANCL) some Zimbabweans showed ignorance on the right of access to information.  This ignorance isn’t helped by the Access to Information and Protection of Protection of Privacy Act (AIPPA), which has no clear request and appeals procedures. This legislation has been blamed for focusing on media regulation rather than the promotion of access to information. Access to information should not be a preserve of the ministry of information and publicity and the media, as what was noted in the survey. Also access to information is not only about democracy and the media but also about the survival of the people. For example, information on health issues such as the current typhoid outbreak, which the country is experiencing at the moment, has not been made available to the public making it difficulty to hold the government accountable.

Today ANCL presented its findings at a meeting held in Harare highlighting that some of the objectives of the survey were to identify the existing legal framework for access to information in Zimbabwe, also assessing government responsiveness to access to information and recommendations for advancing the agenda of access to information.
Though these findings may be subject to debate, with some people arguing that politicization of public institutions has resulted in many people failing to access information of public interest in nature, and this information has not been made available due to bureaucracy and the culture of secrecy in government departments. In neighboring South Africa the government has the South Africa Government Services, which makes information of public interest available as stipulated under its Promotion of Access to Information Act. The department was created so that citizens can exercise their constitutional right to access any information held by the state.

Under AIPPA access to information from government institutions by members of the public has not been easy due to the arbitrary classification of state held information which some people have recommended that government should come up with a manual on what kind of information can be accessed from each department. The current constitution reform process presents opportunities for promoting access to information through the enhancement of state-citizen engagement.

Members of civil society and journalists in Zimbabwe have not been spared by AIPPA as many have been arrested for participating in civic education, and publishing stories that contain public interest information. The continued infringement on the right to access to information has resulted in many Zimbabweans losing interest in information coming from state run newspapers and broadcasters due to politicization of the content, preferring foreign and independent newspapers, TV and radio stations.

In the papers today we’re told that toll fees are to go up in Zimbabwe. This is because the Zimbabwe National Road Administration (ZINARA) is implementing “state-of-the-art toll plazas on the country’s highways.” And with improved conditions at the toll plazas, “The US$1 charged on small vehicles will be sub-economic and we are likely to increase the current fees,” according to the ZINARA spokesperson.

Because the plaza is really where this money should be going anyway?

As yesterday’s Financial Gazette article points out, Zimbabwe’s road network is stalled. The priority for ZINARA’s toll revenue should be fixing the roads, not fixing up the “toll plazas” where the tolls are collected.