Mugabe and Tsvangirai to receive draft constitution on Wednesday
By Tichaona Sibanda
01 May 2012
Principals to the GPA will receive a draft copy of the new constitution on Wednesday, COPAC-co-chairman Douglas Mwonzora said on Tuesday.
‘We managed to resolve some issues on devolution, death penalty and citizenship,’ Mwonzora said, adding that the country should now be able to look forward to having a referendum by August.
The MDC-T MP for Nyanga North and party spokesman, told SW Radio Africa that the co-chairpersons and management committee of COPAC met in Harare on Monday where it was decided the principals will be handed the draft constitution.
The committee that met comprises GPA negotiators from ZANU PF and the two MDC formations, COPAC co-chairpersons and Constitutional and Parliamentary Affairs Minister Eric Matinenga.
‘We presented the draft to the management committee who accepted it. They also authorized that the draft be handed over to the principals, which they will do on Wednesday,’ the MDC-T legislator added.
Mwonzora said they had reached some agreement on the outstanding issues:
‘On citizenship we decided that no Zimbabwean by birth must lose their citizenship. Now we have many Zimbabweans who are citizens of other nations. On that score we resolved that it would be left to an act of parliament to determine whether to place any limitations on the rights of people with dual citizenship.
‘For example, that act of parliament will look at a scenario where a Zimbabwean with dual British citizenship can be allowed to stand as a President or Member of Parliament. These limitations are normal and are enshrined in many constitutions around the world. In the USA you can never be a president when you are a citizen of another country,’ Mwonzora said.
‘On death penalty we agreed that it is returnable only in instances of aggravated murder. On the issue of devolution, everything was agreed except on the composition of the provincial assembly. The issue of an elected governor was tentatively agreed.
‘What is left is the structure and composition of the provincial government. Some people still want a provincial government of people elected directly by the electorate, while others want sitting MP’s to be appointed to this provincial set-up,’ Mwonzora said.
He continued: ‘The differences are not many. The management committee has tasked us (co-chairpersons) to meet Wednesday and Thursday to deal with issues that were agreed on and incorporate them into the new constitution.’
Leading pro-democracy activist and lawyer Dewa Mavhinga said COPAC has only managed to deal with a few issues in dispute, leaving the rest to be dealt with by a new government that will emerge after the next elections.
‘Technically by referring some of the issues to parliament is deferring them and leaving it open for a new government to decide after the elections. What it means is that only a new government, elected under a new constitution, can then sit down and decide whether or not to have dual citizenship in Zimbabwe,’ Mavhinga said.
This will come as another setback for millions of Zimbabweans living in exile who were hoping a new constitution would allow them to vote, but it will come as good news to ZANU PF who are reluctant for close to 4 million Zimbabweans in exile to participate in national elections.