Since the adoption of the new constitution some years ago sober minded people should be at least by now slowly realizing the deficits of the document. The new constitutionis in itself a manifestation of ZANU PF mentality. It is now operational for some time with no visible incremental gain as purported by those who crafted it.
It’s disappointing that the new constitution was adopted after a massive campaign in favour of the document by some mistaken sections of civic society and opposition parties. In doing so they claimed that the new constitution was going to bring the changes needed to allow free and fair elections in Zimbabwe. They did not only campaign for a “yes” votetogether with ZANU PF but they even adopted the use of ZANU PF unorthodox methods of insulting and calling names to other voices who were against the new constitution.
As I write the country is governed by a constitution that says that if a councilor or MP leaves office a by election must be held but if the President vacates office no by election is conducted. Instead the political party with the sitting President gives the nation a replacement and this is stated in Schedule 6 Paragraph 14 (4b). The method of coming with such a replacement is not subject to any law they are merely expected to notify the speaker of parliament. I am yet to be convinced with the logic in this unreasoned provision. Who benefits from such an illogical provision in this new constitution? More surprisingly how can Zimbabweans endorse such an awkward arrangement?
The power of the President in the new constitution is alarming and prone to abuse. The President is given powers to appoint an unlimited number of cabinet ministers (Section 104). No wonder why we have a whole battalion of useless people as ministers. They are all entitled to unimaginable luxury that syphon government’s nearly empty coffers. To imagine that Zimbabweans had a chance to stipulate the number of cabinet ministers when they were writing the constitution but chose to leave the discretion to the President is something that is unfortunate.
The most disturbing power of a sitting President in the constitution is that of appointing individuals to all commissions including the Electoral Commission (ZEC) and the media commission (Section 237). After such treacherous provisions poor Zimbabweans were told that indeed the new constitution will take away the powers of a sitting President. Infact Zimbabweans were made to believe that the new constitution will result in an Electoral commission capable of running a free and fair election!
The new constitution gives the power to the President to have a final say on the appointment of judges (Section 180).If one person is given such powers how can we ever dream of an independent judiciary in the country? What happens to the concept of separation of powers if the same executive is responsible for appointing judges who are a cornerstone of any judiciary system? The same system in the old constitution was returned in the new constitution when the assumption was that all we needed as a country was to get rid of such an absurd arrangement.
Instead of reducing government expenditure by reducing the number of useless people such as MPs the new constitution increased the number of this grouping that is resented by the majority of citizens. (Section 124). Honestly who can ever think that Zimbabwe’s problems will end by increasing the number of representatives in parliament? The majority of MPs will, as usual, not contribute anything in parliament if at all they are even aware of their role. All they know is to book in expensive hotels and claim sitting allowances. Why will a new constitution increase the number of known useless people majority of which are in parliament for chanting party slogans?
We have a new constitution that will not allow people in the diaspora to vote. Given the fact that Zimbabweans in the diaspora contribute to the country’s coffers it’s only logical to allow them to vote in elections. So many African countries recognize the importance of their citizens in the diaspora and they put mechanisms to ensure that they participate in important national processes such as elections. Our own new constitution does not give a provision to allow Zimbabweans in the diaspora to vote. The money from these Zimbabweans in diaspora is still much needed though and the government itself will even put enough measures to receive resources from diaspora. Receiving their money is easy butwhat is difficult is to put same mechanism to allow them to vote! Zimbabwe does not afford a new constitution that prohibits people in the diaspora to vote.
 
 
What is apparent now seems to be that the new constitution is a ZANU PF document meant to enslave Zimbabweans under the rule of ruthless leadership that is selfish and greedy. The new constitution is a living testimony of how majority of Zimbabweans endorsed an undemocratic constitution that will entrench dictatorship in Zimbabwe. The new constitution is a mockery to democracy and insult to Zimbabweans.
 
BY MADOCK CHIVASA
(The writer is the National Spokesperson of opposition NCA party. The views expressed in this article are his personal opinion and can be contacted on email [email protected]).