Constitution: Parties divided on five issues
http://www.theindependent.co.zw/
Friday, 17 February 2012 11:05
Faith Zaba
RENEWED political battles have erupted between the three political parties
in the inclusive government , Zanu PF and the two MDC formations, over at
least five disputed issues in the controversial new draft constitution,
further stalling the process towards fresh elections.
In separate interviews with the Zimbabwe Independent this week, Zanu PF,
MDC-T and MDC negotiators, who make up the management committee of the
Parliamentary Constitution Select Committee (Copac), said they were still
negotiating the contested issues.
The issues in dispute include:
lStructure of government;
lDevolution of power;
lDeath penalty;
lDual citizenship;
lIndependent Prosecuting Authority.
The three drafters of the new constitution, Justice Moses Chinhengo, former
High Court Judge Priscilla Madzonga and Brian Crozier have presented 13
draft chapters which are yet to be completed after the management committee
reaches a consensus on the five issues.
The management committee is expected to meet on Monday to try and resolve
these outstanding issues.
MDC-T secretary-general Tendai Biti this week said there were issues which
had been “parked” while negotiations on them continued.
“We have parked issues. I am shocked that we have parked them. There is the
issue of dual citizenship, the issue of capital punishment, the issue of the
structure of government — do we have a Prime Minister or do we have a
president and the powers thereof?
“There is also the issue of devolution and decentralisation and the debate
between whether we should have the AG’s Office and an independent
prosecuting authority.”
Biti added: “Speaking as a negotiator, given some of the issues that we have
had to reach an agreement on, I don’t see us failing to agree on any of
these issues”.
MDC secretary-general Priscilla Misihairabwi-Mushonga said on devolution,
the debate was now on the structure — whether there should be five or 10
provinces, whether people should be elected or appointed into those
positions and what would be the relationship should be between the central
government and provincial arrangements. The issue of devolution has caused a
stir on provinces which feel marginalised by central government, mainly in
Matabeleland where most people want devolution, which is just one form of
decentralisation as opposed to federalism.
Devolution differs from federalism in that devolved powers to a sub-national
authority ultimately reside in central government. Legislation creating
devolved structures can be repealed or amended by central government, which
is different from federalism.
Misihairabwi-Mushonga felt that the most contentious issue was going to be
the death penalty. The three parties have to decide whether or not the death
penalty should still form part of the law.
“The death penalty is very emotionally driven. It is driven not just by
emotions but also by people’s experiences and not what makes sense. It’s
either you are for or against it,” she said. “We are divided on party lines
on this issue,” but refused to state her party’s position on the matter.
She said if they were to reach a consensus at their Monday meeting, the
draft constitution should be ready to go for a referendum by August this
year.
Zanu PF chief negotiator Nicholas Goche said they were preparing a report
for the principals on the draft chapters.
However, Copac sources said the three political parties are deeply divided
on whether there should be a president and prime minister or an executive
president, deputised by one or two vice presidents.
One Copac insider said: “People are saying with (President Robert) Mugabe,
may be we can let him get away with it since he is a founding president. But
can we trust another person to have the same powers?
“It is not only about abuse of power but also issues around competence.
Whether you like Mugabe or not, he had a certain degree of understanding of
issues, so the next guy who will come, the question is will that person have
that kind of knowledge?”
Another source said: “These are the debates that informed people are asking
themselves. Can we afford a situation where we have an individual coming in
after Mugabe with the same powers that he had?”
On devolution, Zanu PF political gurus, mainly in Mashonaland provinces, are
opposed to reducing provinces from 10 to five as they suspect the move is
designed to deal with the Zezuru hegemony.
“Zanu PF is opposed to the five provinces. It means that provinces will
merge and the political gurus in Mashonaland provinces will have to fight it
out for supremacy in one region,” the official said. “They don’t want that”.
Zanu PF wants to retain the old system of a powerful executive president who
has vast unchecked powers. In its position paper during outreach meetings in
2010, Zanu PF said: “We need an executive president who shares executive
authority with the cabinet and not a prime minister as this results in an
endless unproductive contest for power between the president and the prime
minister that results in a weak state in which neo-colonialism can thrive.”
By contrast, the MDC-T preferred a system with an elected president who has
limited powers and a prime minister with significant power as well, in what
it calls a co-habitation system. It proposed an elected president who
appoints a prime minister from a party which commands a majority in
parliament and a cabinet chosen by the prime minister.
On devolution, MDC-T is proposing a three-tier government composed of
national government, provincial councils and local authorities made up of
urban councils and district councils. District councils would be mandated
with the responsibility of managing the affairs of rural areas. While Zanu
PF wanted governors to chair the country’s 10 provincial councils to be
appointed by the president, elected rural and urban councils, MDC-T was
pushing for elected provincial councils and local authorities with as much
autonomy as is compatible with governance.