Zimbabwe Civil Society Demands to the SADC Summit Maputo, 16 August 2012 Zimbabwe Civil Society Demands to the SADC Summit The Crisis in Zimbabwe Coalition would like to bring the following to the attention of the SADC Summit scheduled for 17 and 18 August 2012 at the Joachim Chissano International Conference Centre, Maputo, Mozambique: 1. We are concerned at the slow progress on constitutional reform and fear that Zimbabwe may be forced to go for national elections under the old order and under conditions of widespread violence experienced in 2008. We appeal to SADC to press the inclusive government to bring to closure the constitutionmaking process through the holding of a second all-stakeholders conference, parliamentary debate and a national referendum. 2. Zimbabwe faces a possible referendum and by-elections in the next three months. We recommend that SADC leaders send observers and monitors to superintend the referendum and the by-elections, in the event that they are held as per the Supreme Court ruling of 16 July 2012. 3. We demand that SADC appointed representatives to work with the Joint Monitoring and Implementation Committee (JOMIC) should be urgently deployed to Zimbabwe to monitor the Global Political Agreement (GPA) and that president Zuma s Facilitation Team should frequently travel to Zimbabwe to closely monitor and encourage progress towards transparent, free and fair elections. 4. We urge SADC to intensify efforts to ensure that Zimbabwe adequately prepares for credible elections that are free from both physical and psychological violence and one where the electoral management body, the Zimbabwe Electoral Commission (ZEC) is independent, non-partisan and professional. The electoral process must allow for peaceful transfer of power. 5. It is our firm position that the praetorian problem persists, that is, the militarisation of both the state and society. This poses a real risk toward the stagnation or reversal of all transitional and democratisation efforts made by SADC. We therefore urge SADC leaders to insist on the democratization and professionalization of the security establishment so that it can prioritize the security of the person rather than of the regime; the state removing the military out of society and confine them to the barracks; and security chiefs renouncing and denouncing their partisan statements which emphasized that they will not respect a leader elected by Zimbabweans in a free and fair election. 1
6. For the legislative reform agenda we recommend that the Public Order and Security Act (POSA), the Access to Information and Protection of Privacy Act (AIPPA), the Broadcasting Services Act, the Presidential Powers Temporary Measures Act and the Criminal Codification and Reform Act, among other repressive laws, be expeditiously repealed or amended. 6. One of Zimbabwe s major socio-economic challenges is that financial proceeds from diamond fields are not reaching the national fiscus. We believe democracy is inconceivable without sustainable economic development that impacts on the livelihoods of ordinary people. We therefore call for sound, transparent and accountable corporate governance so that the natural resources can benefit the ordinary people. PS: Meanwhile Crisis coalition will hold a civil society conference on Zimbabwe Elections and SADC role on August 17 2012, at Hotel Pestana Rovuma, Maputo from 9am to 11 am. McDonald Lewanika Contact mobile number +263772913418 E-mail: mlewanika@gmail.com E-mail: coordinator@crisiszimbabwe.org 2
The Presidential Running Mate Principle: the way to go for Zimbabwe The draft constitution is complete and was completed by a multi-party team. The parties have negotiated enough, have fought enough and have bickered enough, now the people of Zimbabwe must have their chance. -Hon Douglas Mwonzora 2012 Political parties to the GPA are failing to speak with one voice on the draft constitution. The ZANU-PF Politburo has already held four meetings to review the draft on 25th, 27th July, 1st and 8th August which indicate considerable internal disagreement. What has, however, become clear from statements by their lead negotiator, Patrick Chinamasa, and the ZANU-PF spokesperson, Rugare Gumbo, is that the Politburo has decided the party wants substantial improvements to the draft. The other two MDCs in the GPA have already given thumps to the draft. One of the contentious issues is the section that deals with the presidential running mate. Section 5.5 (2) of the draft charter says a presidential candidate has to nominate two running mates who will jointly contest the election with him/her. The new feature in the draft Constitution is that both the President and the Vice Presidents will be elected. However, Zanu PF says it prefers the winning presidential candidate to name his/her vice presidents. Hon Douglas Mwonzora yesterday applauded this new system at a public meeting organized by The Zimbabwe Election Support Network (ZESN). He highlighted that it is clearer on succession than the present system. He went on to say political parties need to drop things that do not take Zimbabwe forward and appreciate the fact that the running mate option guarantees legitimacy in the sense that it involves the electorate who will at the end of the day vote with their eyes wide open to whom they will be voting for. Honourable Mwonzora emphasized that this new system is a tried and tested option which has worked well in other jurisdictions such as Malawi and Ghana which had smooth transfer of power to vice presidents. In Ghana just a few hours after President Atta Mills was officially announced dead, Mr John Dramani Mahama, who was the vice president, took the oath of office as the new President of Ghana- in line with the principles of Article 60 (6) of the Ghanaian Constitution. Meanwhile, a new President is set to be elected in December 2012 in line with the provisions of the current Ghanaian Constitution. The smooth transfer of 3
power witnessed in Ghana has been applauded as one of the most significant achievements in the historic development of African democracies. Indeed Zimbabwe should draw the following lessons from the Ghanaian example: Constitutional guarantees of transfer of power in the event of the death of the President are an effective way of preventing power vacuums which could lead to political instability; The ability of a country to live by its constitution is one of the best guarantees for peaceful transitions; and The respect of constitutional sanctity and rule of law is one of the best ways of ensuring peace and development in any country Honourable Mwonzora also dismissed ZANU PF s insistence on revisiting the draft constitution as political parties had had their share of negotiation. The draft constitution that we have is not a product of the MDC alone but a result of two key processes that ZANU-PF participated in through the outreach and negotiation processes. In both instances, ZANU-PF was equally and ably represented by people with a requisite mandate. Given this, it is time for Zimbabweans including those that support ZANU-PF to decide on whether the document is a good or bad draft, said Honourable Mwonzora. Qhubani Moyo of the MDC-N added on by saying, The constitution has its grey areas but let us build on it and move forward. True as it is political actors in Zimbabwe also need to create a culture of constitutionalism and respect for the constitution. Moyo lastly noted that it is impossible to have more than one draft put to a Referendum and so the idea of ZANU-PF to putting their draft to the Referendum together with the COPAC draft does not move the nation forward as it is against the spirit of consensus that was shown on the 18th of July when all the three political parties endorsed the draft constitution. 4
SADC: Please stop ZANU PF madness Since the 18th of July when COPAC finally released the draft constitution, newspapers and other social media platforms have been awash with comments, statements and other innuendos regarding the actual state of the constitution making process. While the two main MDC parties are busy celebrating a feat for having produced the draft, ZANU PF is busy reconsidering amending the same draft, a tomfoolery exercise meant to please their geriatric leader who is so desperate to cling to power by any means necessary. After a weekend of serious deliberations on the draft, ZANU PF Chief negotiator, Hon. Chinamasa told the press that they had accepted 97% of the draft constitution and were yet to discuss the 3% with a view of finalising the whole consultation process. Little did Zimbabweans expect ZANU PF to throw in another hew to the whole process, but as history would testify, they had other plans. The ZANU PF Spokesperson, Honourable Rugare Gumbo announced that as a party they did not subscribe to the contents of the draft and that they would sit as the politburo and deliberate on the matter once again. They spent 50 hours deliberating and came up with several amendments which are yet to be made public, probably after the Maputo SADC Summit. Now we hear that ZANU PF Politburo has once again shredded the draft constitution and possibly went to Maputo with its own draft. What angers level minded Zimbabweans and fellow Global citizens who do not subscribe to Mugabe and his acolytes chicanery is the fact that the current draft is a product of all three political parties in the GPA. The document carries views from the people, while it also has another chunk which reflects a process of negotiations among the three main Zimbabwean political parties in. It is shocking by any measure that ZANU PF wants this draft to simply protect Mugabe s executive powers. Constitutions are made for posterity and for all and not for individuals who are drunk with excessive power. The hardliner stance that is being sponsored by Professor Jonathan Moyo can only succeed in a nazist and fascist world and not in Zimbabwe. Jonathan Moyo must be reminded that his bag of tricks is now empty and no reasonable Zimbabwean will listen to a perpetual political prostitute who sucks the bottom of the one who holds the purse. If ZANU PF wants a ZANU PF constitution then they should be brave enough to tell the people of Zimbabwe that the new constitution will be a ZANU PF document. This idea of subjecting the people to a fake process cannot be condoned. The ne- 5
gotiation process was done in good faith with all political parties seconding preferred representatives. Isn t it the same Chinamasa who negotiated the GPA on behalf of ZANU PF, is he not the same Chinamasa who crafted and negotiated the Zimbabwe Human Rights Commission Bill and The Electoral Amendment Act? Is he not the same Chief Negotiator who has delayed the passing of the Public Order and Security Act Amendment Bill for the sake of ZANU PF? Is it about the Draft constitution or there is something big that the naked eye cannot see. The ZANU PF Spokesperson, Rugare Gumbo must be reminded that the Zimbabwean people are not powerless and when the time comes ZANU PF will get its verdict. Nicholas Goche and Patrick Chinamasa were seconded by ZANU PF to be part and parcel of the COPAC Management Committee. These representatives had to negotiate based on advice and instruction given by their superiors, given this background, it can then not be true that ZANU PF did not know what was being negotiated. This is why it is necessary to hasten the process of culling the old guard in ZANU PF because they have simply lost the plot, while they continue to subvert the will of the people. Section 5.5(2) which should have been interpreted as a message of deliverance by ZANU PF leadership particularly those who had headaches about succession or life after Mugabe is one of the areas that Zanu PF is said to be trying to push out of the draft constitution. Now for ZANU PF to come up with an alternative draft is just another childish act that should be dismissed with the contempt it deserves. SADC must be firm with Mugabe and his ZANU PF. The regional Body should tell Mugabe that the time for games is over and the people of Zimbabwe need a break. Mugabe must comply with the Luanda June 1st SADC Troika Communiqué. Mugabe must allow for the smooth completion of the constitution making process and make sure that credible elections are held within twelve months under a new regime of reforms. SADC has no mandate to even look at a ZANU-PF document which is being falsely portrayed as a draft constitution, while in actual fact it is a product of nocturnal political party machinations meant to derail the course of progress which has convinced Zimbabwean citizens that indeed there is a light at the end of the tunnel. SADC must stop this ZANU PF madness if Zimbabwe is to realise the strategic objective of the current transition which is to see a democratic Zimbabwe. 6