Maravi

(TALKZIMBABWE) TEXT: Parties endorse Kariba Draft, no Biti signature

TEXT: Parties endorse Kariba Draft, no Biti signature
Ralph Mutema
Tue, 28 Jul 2009 14:03:00 +0000

BELOW is the full text of 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.

The inclusive Government want the document used, but civil society organisations want a fresh constitution, arguing that the Kariba Draft was a product of political players in the country; and not a "people driven process".

This is despite the fact that the representatives of that process were elected by the people of Zimbabwe. At the forefront of this anti Kariba Draft move is the National Constitutional Assembly and the Zimbabwe Congress of Trade Unions who met on Sunday to establish a parallel constitution making process alongside the one initiated by Parliament.

The agreement was signed by 5 of the 6 people required. MDC secretary general, Tendai Biti's signature is missing from the document although his name appears on it.

Click HERE for the original document with all the signatures

Full Text of the Endorsement

The Place and Role of the Kariba Draft Constitution in the Global Political Agreement

WE the undersigned negotiators of the Global political Agrrement ("the GPA") wish to clarify and explain what the three parties to the GPA agreed to be the place of the Kariba Draft Constitution within the constitution manking process agreed to and set out by the parties in the GPA. We do this so as to restore, reaffirm and defend the co-operative spirit among the parties to the agreement, which co-operative spirit is absolutely essential and indeed is a pre-condition for a successful conclusion to the agreed constitution making process.

We hereby place it on record that the Agreement of the parties was that the Kariba Draft which was negotiated, agreed to and initiated by all three parties to the GPA would be used by the parties through the Parliamentary Select Committee ("the Select committee") to consult people on the new content of a new constitution of Zimbabwe. The agreement being that the Select Committee would take the Kariba Draft to the people and consult them on which provisions of the draft they agreed with and accepted and which ones they did not agree with. In respect of those they did not agree with the people would be asked what alternative provisions they wanted in their place.

The Select committee would use the Kariba Draft to gauge which provisions were acceptable or not acceptable to the people of Zimbabwe who would be accorded unrestricted rights to accept or reject any provision therein and to put forward alternative provisions they would want included in the Constitution. The agreement of the parties did not seek to foist the Kariba Draft on the people but merely to provide a structured way of consulting the people so as to determine what exactly was acceptable and not acceptable to them. It is plain that the use of the Kariba Draft as an instrument of consulting the people does not in any way detract their unfettered right to determine the content of the constitution they want.

As negotiators we thus appeal to all the parties to honour the agreement both in words and indeed so as to preserve the integrity of the GPA.


SIGNED AND DATED ON THIS 23rd day of July 2009


Tendai Biti - (did not sign original document)

Patrick Chinamasa - (signed original document)

Nicholas Goche - (signed original document)

Elton Mangoma - (signed original document)

Priscilah Misihairabwi-Mushonga - (signed original document)

Welshman Ncube - (signed original document)

Labels: CONSTITUTION, KARIBA DRAFT CONSTITUTION, TENDAI BITI

posted by MrK @ 11:33 PM