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(SUNDAY MAIL) Copac blocks constitutional coup

Copac blocks constitutional coup
Sunday, 04 March 2012 00:00
Kuda Bwititi Political Reporter

A massive public outcry has forced the Constitution Select Committee (Copac) to scrap a contentious clause in the draft constitution that sought to confer executive functions on Parliament amid reports the drafters intended to subvert national institutions through the supreme law.

This comes as it emerged that Copac and the management committee overseeing the constitution-making process will meet this Tuesday to decide the fate of the drafters.

In an interview yesterday, Copac co-chair Cde Munyaradzi Paul Mangwana confirmed Schedule Six of the draft was among the major items that have been repealed.
Although he would not be drawn into revealing the new material that has been adopted, Cde Mangwana said the drafters overstepped their mandate by including provisions that were not solicited from the public.

He said the drivers of the process were now making sweeping changes to the original draft with a view to presenting the refined document to the inclusive Government principals before the expiry of a two-week ultimatum announced last week.

The drafters are former High Court judge Justice Moses Chinhengo, Harare lawyer Mrs Priscilla Madzonga and University of Zimbabwe law lecturer Mr Brian Crozier.

Co-chairs Mr Douglas Mwonzora (MDC-T) and Mr Edward Mkhosi (MDC) could not be reached for comment by late yesterday afternoon.

“We realised the drafters had crafted the schedule of their own volition,” said Cde Mangwana.

“They acted out of bounds; that is why we are in the process of cleaning up the draft and removing anything we feel did not come from the people.”

Schedule Six was tailor-made to regulate the appointment of top Government officials, judges and security chiefs, among other public office bearers.

It proposed the setting up of a Parliamentary Public Appointments Committee that would determine whether or not Presidential nominees are appointed to specific posts.

Another section also sought to create a Constitutional Court and Court of Appeal, two separate institutions that would be headed by a Chief Justice and Judge President respectively.

The draft also empowered Parliament to veto the appointment of the Chief Justice with the President required to refer a particular appointee to the law-making chambers for approval.

These provisions would have resulted in sitting judges losing their jobs if Zimbabweans passed the draft during the referendum.

The draft was also strategically meant to curtail the powers of security chiefs by proposing the creation of a Defence Forces Service Commission mandated to make appointments. Part of the schedule reads: “Where the National Assembly or the Parliamentary Public Appointments Committee is required to approve the appointment of any person in terms of this Constitution, the appointee does not assume office until his or her appointment has been so approved.”

Cde Mangwana said the drafters were given the leeway to sift through public views and make adjustments where necessary, but later overstepped their jurisdiction.
He said the management committee would meet this week to review their work and contracts. He added that Copac had revised the bulk of the draft and would soon submit the refined version to the inclusive Government principals for scrutiny.

“We are left with two chapters of the draft and will complete the revision by the end of next week (this week) if everything goes according to plan,” he said.

“The issue of renewing the drafters’ contracts will also be discussed next week (this week) and our position made known thereafter.”

Parliament set up Copac in terms of the Global Political Agreement signed between Zanu-PF and the two MDC formations.

The constitution-making process drivers organised the first All-Stakeholders’ Conference in 2009 where stakeholders discussed the scope of the proposed new supreme law.

Thematic sub-committees later outlined the themes that were to be captured in the document after which public opinion was solicited. Copac will table the draft before the Second All-Stakeholders’ Conference and, subsequently, Parliament.

However, Parliament will not debate the document, which will be subjected to a referendum after it is presented to the House.

Labels: COPAC, MUNYARADZI PAUL MANGWANA

posted by MrK @ 7:11 PM