Philip Murombedzi
Tue, 28 Jul 2009 15:45:00 +0000
An agreement signed by the three parties to the inclusive Government clarifying their position on the use of the Kariba Draft document as a reference document in the ongoing constitution making process in Zimbabwe did not have MDC-T Secretary General Tendai Biti's signature.
THE use of the Kariba Draft as a reference document for the ongoing constitution drafting process in Zimbabwe threatens to split the main Movement for Democratic Change party led by Prime Minister Morgan Tsvangirai, according to reports from that party.
The Kariba Draft constitution was signed and agreed to by the three main parties in Kariba on September 30, 2007 and was incorporated as Annexure B to the power-sharing agreement (the Global Political Agreement or GPA) of September 15, 2008.
President Mugabe has recommended that the draft be used as a reference point in the ongoing constitution making process involving the people of Zimbabwe; but has faced resistance from civil society organisations and certain sectors of the MDC-T leadership.
The National Constitutional Assembly (NCA) led by Dr Lovemore Madhuku has dismissed the use of the Kariba Draft arguing that it was a product of politics and political players should not be allowed to draft the law of the land; a mandate he says only the people have.
President Mugabe's Zanu PF party and the two MDC formations are the three main parties in the country and these parties argue that they had the mandate of the people in formulating the draft - a process which took one year.
The MDC-T party, however, in a June 23 statement, accused President Mugabe and Zanu PF of "trying to foist ... the Kariba Draft on the people of Zimbabwe" although that party was also involved in the writing of the draft.
It has, however, emerged that some members of the MDC National Executive are in favour of using the draft.
This has caused consternation in the party, which is already divided on many other issues. Two camps have developed in the party; one led by PM Tsvangirai and another by that party's Secretary General Tendai Biti.
Sources in that party told the Zimbabwe Guardian on Tuesday that Biti is trying to take over the leadership of the party from PM Tsvangirai at the next election.
"Biti was angry when Tsvangirai told a French broadcaster that he would run for president at the next election," says a parliamentarian and member of the MDC-T party.
"Tsvangirai has led the party for the mandated time, and Biti feels he should now take over the leadership."
The adoption of the Kariba Draft has intensified this power struggle with Biti and ICT minister Nelson Chamisa emerging in one camp; and PM Tsvangirai and Economic Planning and Investment Promotion minister, Elton Mangoma on the other.
Although the parties agreed to the Kariba Draft, Biti's camp argues that the document was a compromise document drafted by the country’s three main political parties to minimize the possibility of a contested election result in 2008.
“It was an interim Constitution that was meant to be used only for the 2008 election,” the MDC-T party said in the June 23 statement, “but on 4 December 2007, Zanu PF refused to implement the Kariba draft."
Biti's camp, echoing NCA and ZCTU positions, further argues that a new Constitution will be the solution to Zimbabwe's problems; not one based on the Kariba Draft.
PM Tsvangirai's camp is supportive of the use of the draft. Five of the six negotiators to the September 15 GPA released a statement on Tuesday “to clarify and explain what the three parties to the GPA agreed to be the place and role of the Kariba Draft Constitution within the constitution making process”.
Nicholas Goche and Patrick Chinamasa of Zanu PF; Welshman Ncube and Priscilla Misihairabwi-Mushonga of the MDC-Mutambara formation; and Mangoma and Biti of the MDC-T party were the six negotiators who came up with the GPA which gave birth to the inclusive Government in February.
All but Biti signed the statement dated July 23, (SEE HERE) - a move seen a signalling the rift in the party's top leadership.
The two MDC-T camps were also divided on the formation of the inclusive Government with President Mugabe and his Zanu PF party.
Sources say the drafting of the Global Political Agreement took longer than expected as hardliner Biti and Chamisa wanted to avoid being side-lined in the new inclusive Government.
PM Tsvangirai is said to have offered Biti the finance portfolio after he had threatened to lead a splinter group had he not been offered a "powerful" position in the inclusive Government.
Biti has no background in finance. He is a human rights lawyer who has never worked in government. Chamisa was offered the ICT portfolio even though he had no working experience in that sector.
Consultative hearings on a new constitution began in June with officials explaining the constitutional review process to the public.
The hearings culminated in an All-Stakeholder National Conference on July 10, where thematic committees were selected to collate the public’s views on what they want included in the new people-driven constitution.
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