PRESS STATEMENT
COMMERCIAL FARMERS’ UNION PRESS RELEASE
ON THE CONSOLIDATED DRAFT OF THE CONSTITUTION.
The Commercial Farmers’ Union of Zimbabwe has noted the publication of the Final Consolidated Draft of the Constitution of Zimbabwe of the 17th July. We are disappointed that the parties to the Global Political Agreement (GPA) have missed an opportunity to provide a sound legal framework which stimulates an enabling business environment, investor confidence and national economic recovery.
Many questions regarding the specifics of secure tenure to agricultural land, the effectiveness of a new land commission, the limitations of the states powers as regards a 99 year lease and so on remain unanswered by this draft. Agricultural investors and financiers of agriculture will therefore continue to adopt a cautious approach until it is clear that land can be levered as security and has a real market value.
The draft constitution will ensure that the GPA proposed audit is avoided and a status quo is entrenched. It also seeks to circumvent the States obligations under international law. In a process of recent history that was so thoroughly mired by, not only institutional but also behavioural, disregard for the fundamentals of justice, it is questionable to simply open a new chapter without an objective review of what has happened.
The country is asked to accept as water under the bridge what has happened in particular regard to land and provisions seek rather to contain terms and fallout from that episode rather that chart a constructive and enabling way forward. The result is that investors, citizens and observers will question the desire of the state of Zimbabwe to provide a truly enabling environment for progress.
There is a need for dialogue on an acceptable package of principles to take the process forward to a satisfactory conclusion. Until this is achieved the country’s collateral value and its ability to generate recovery will be hampered.
Resolving issues in a fair way is clearly in the country’s interest, however, the principle question that will be in people’s minds when the move to accept or agree on this constitution will be broader. Clearly the document has considerable faults and is at odds with many issues raised by concerned citizens, there are constituencies far larger than our own, who feel excluded and discriminated against as currently constituted.
Nonetheless the question will be: does this guarantee to move us all closer to a better situation than the current dispensation?
Until the land issue is fully, finally and fairly dealt with the inherent country asset value will remain static to the detriment of stability and development.
END.
Charles Taffs
PRESIDENT
COMMERCIAL FARMERS’ UNION ZIMBABWE