Maravi

(HERALD) New constitution: Can the economy afford it?

New constitution: Can the economy afford it?
By Don K. Muvhuti

IT is necessary to look at the following three distinct views on the anticipated new constitution: The first is whether or not we really need a new constitution.

It is understood that preparations for the new constitution exercise have reached the stage of fielding a Parliamentary Committee to gather views on the draft agreed upon by the major parties at Kariba months ago.

On the basis of the contributions gathered, the committee will draft a new constitution and present the final draft to the Parliament of Zimbabwe.

When Parliament has adopted the draft, it will then be put, through the inclusive Government, to the electorate for acceptance or rejection in a referendum.

The main problem about the exercise is its cost.

A similar exercise was embarked upon from 1999 to 2000. At that time, the economy had only begun to be subjected to illegal declared and undeclared sanctions as a protest by the West against Zimbabwe’s participation in implementing Sadc’s resolution to assist the Democratic Republic of Congo which was fighting invaders.

At that time the country could afford the exercise, though the cost was not negligible.

This time the exercise comes at a time when the illegal sanctions have been intensified (owing to land redistribution). It is likely to put back the economy half a century in terms of development.

Can the economy in such a deplorable state afford a new constitution-making exercise?

If we take a hard look at the scale of priorities, does the need for a new constitution deserve to be at the top?

Above all, does our constitutional situation call for a replacement of the document in current use?

Undoubtedly, our present constitution originated as a peace agreement which belligerents hammered out into a document usable as a constitution that has been amended 19 times to date.

Have the 19 amendments not made the document sufficiently inclusive of what we perceive as the interests and aspirations of Zimbabwe?

Does it still leave a lot to be desired in this particular respect?

It is important to be clear on this point: it may turn out that, after examining the two documents — the amended constitution and the Kariba draft — most of the contents of the Kariba draft are already in the amended document, except perhaps two or three points.

In that case, why should we not bring forth one or two more amendments into the constitution, instead of going into a costly new constitution-making exercise?

It should be only when the amended constitution is found to predominantly exclude people’s interests and aspirations that a new constitution exercise can be viewed as relevant.

If we assume this to be the situation, we are then faced with the problem whether the task should be entrusted to a committee fielded by our Parliament — as is understandably the situation at present — or should the task be conducted by a different body altogether?

This points to the second aspect of the new constitution exercise.

In the 1999–2000 draft constitution, a body comprising persons mainly from the civil service, civic bodies, academics etc, was constituted and headed by Justice Godfrey Chidyausiku.

The commission did a commendable job of gathering views on the contents of a constitution from all interested people, and compiling the outstanding views into a draft constitution, then put to the electorate.

In the present situation the committee entrusted with the task is not having to start from scratch as regards to the contents of the draft constitution.

There already is a draft made out of two drafts — the draft voted upon and rejected by the electorate, and the draft not put to the electorate, but backed by the opposition.

The combined draft of the two drafts can reasonably be taken as incorporating the views expressed by an overwhelming majority of Zimbabweans nearly 10 years ago and hence representing the interests and aspirations close to all Zimbabweans.

In that case, it is not likely to undergo much alteration when put across to the public for review.

This aspect should justify limiting membership of the committee to the 25 MPs chosen for the purpose since the compilation of people’s views into the two drafts of 10 years ago can be seen to have reduced the task of the present team to little more than a formality.

The third point of view calling for attention is to be clear content-wise what sort of constitution it is going to be. In particular, is it going to promote capitalists at the expense of the people or will it promote the interests and aspirations of the people?

We are a society previously marginalised by racist colonialism for a century, only to be subjected to a decade of illegal economic sanctions, thereby creating immense poverty.

Therefore, we dare not ignore the people’s need for poverty eradication and prospering together when the scourge of poverty is permanently eradicated.

Unity in the inclusive Government puts us in a position to unite in making it part of our basic law to transform the battered socio-economy to hupfumatese (socialism and communism).

This was Zanu-PF’s goal in the armed struggle, reaffirmed in the Unity Accord. But circumstances did not give it the opportunity for much in that direction, apart from expansion of education which, in the 1980s became free to primary school level, and the expansion of health services.

Provided we are prepared to remain united in our commitment to the Zimbabwean people’s interests and aspirations, we can arrive at a situation where we are able to provide education and health free because of our ability to finance their cost from productive sectors such as agriculture, industry, mining, transport and tourism.

By putting the science of hupfumatese transformation and construction in the constitution, we imply that not doing so becomes a violation of our basic law.

We command ourselves never to give up the sacred goal but to always overcome all difficulties that lie in the way to our goal.

Labels: CONSTITUTION

posted by MrK @ 6:50 PM