NCA PRESS STATEMENT ON REFERENDUM OF 16 MARCH, 2013

                    Presented by the NCA Chairperson Professor Lovemore Madhuku at Bumbiro/Isisekelo House today, 20 MARCH, 2013

1.     The  conduct of the referendum was neither credible nor satisfactory. This arises from the following facts, among others:

·        The notice period given was inadequate and displayed lack of respect for the people. It was extreme arrogance for the President to admit this fact on the day he was casting his vote when he had deployed all state resources to resist attempts by some citizens to delay the vote.

·        Copies of the Draft constitution were not available in reasonable numbers.

·        State and donor resources were only available for the “Yes” campaign.

·        The “Yes” campaign used hate speech. For example the Prime Minister described the No campaign as being made up of “nhinhi”[Sunningdale] and those intending to vote “No” as having mamhepo(evil spirits)[Bulawayo].

·        The police disrupted many “NO” campaign meetings and the atmosphere was not conducive to public meetings by the “NO” campaign to the extent that many voters had no access to the “No” message.

·        ZEC was not independent. For example, it failed to play its role in terms of electoral law to monitor media coverage.

·        The judiciary was not independent. The courts dismissed, on suspicious grounds, every application meant to make the referendum more democratic.

2.     The NCA does not accept that the YES vote means an endorsement by the people of Zimbabwe of a new constitution. The draft Constitution is undemocratic and will remain undemocratic and unacceptable when it becomes the constitution of Zimbabwe. An undemocratic constitution does not become democratic merely on account of voters being misled by political leaders  into a ritual of just voting “YES”.

3.     A constitution-making process does not become “people-driven” merely on account of people being taken through rituals where they attend meetings and say what they have been told to say nor is this achieved by taking the people through the rituals of a referendum where they are told to vote “Yes”.   

4.     In this regard, the NCA wishes to be very categoric and unambiguous:  we reject in toto the notion that Zimbabweans have spoken and have accepted the Draft Constitution.  We hold that the “Yes” vote is illegitimate. The referendum result is therefore illegitimate and not acceptable to us. This is because:

·        95% of the “Yes” voters had neither seen nor read the Draft constitution.

·        95%  of the “Yes” voters knew nothing about the contents of the Draft Constitution.

·        The “Yes” voters, by their own admission, said they were voting “Yes” because they were following orders from political leaders to do so.

·        The voters had not been afforded an opportunity to hear and/or listen to the points of view of the “No” campaign. The “No” campaign was systematically denied access to the public media while messages of the “Yes” vote were the order of the day. The only time a “Yes” will mean a “Yes” to a Draft Constitution is when voters have been exposed to the contents, have heard opposing views and have genuinely voted “Yes”. Where voters are prevented by self-serving politicians from accessing alternative views, a “Yes” is invalid.

·        The 179 489 voters who rejected the Draft Constitution knew what they were doing: they had all been subjected to a “Yes” campaign but rejected it. Many of them had considered the arguments for the “No” campaign and embraced them.

·        The 56 627 rejected votes voted “NO”  either by writing it or spoiling the ballot in other ways.

·        There are over 7,5 million Zimbabweans with National IDs and this is the eligible voter population. The reported 3,3 million who voted is just 44%. What is the view of 56%? This is clearly voter apathy. In any event, the claim that 3,3 million people voted is a fraud by ZEC. To claim that there was close to a million more voters in the referendum than in the March 2008 harmonised elections is to take the public for fools.

·        In matters such as the constitution, the focus must not be just on eligible voters but on the entire population. There are about 13 million Zimbabweans. The  95% of the 3 million Zimbabweans who took the irresponsible decision of voting “Yes” to a document that they had neither seen nor read cannot bind the conscience of the rest and future generations. Those who are not eligible to vote should have been afforded the opportunity to read the Draft Constitution and contribute to debate, thereby influencing the formation of a genuine national opinion. This did not happen principally because the current political leaders were pushing a narrow, self-serving and partisan agenda.

·        As soon as more people get to read the draft Constitution (or Constitution, when it gets enacted) they will realise the folly of the “Yes” vote and will join those rejecting it. That point will be reached soon and it will be apparent to the generality of the people that our country does not have a democratic constitution, notwithstanding the referendum of 16 March, 2013.

·        ZEC aided the “Yes” vote. First, by misinterpreting the intentions of thousands of voters in rural areas, particularly Mash East, Mash Central and Masvingo who indicated that they wanted their vote to be put on “President Mugabe”. These voters should have been turned away but ZEC officials interpreted this as a “Yes” vote when we all know that the President`s vote is his secret. Secondly, ZEC did not turn away thousands of voters who asked, on arrival, what the voting was all about. ZEC officials in rural areas responded that it was all about voting “YES”.

5.     Just as Zimbabwe has been under the undemocratic Lancaster House Constitution,  henceforth it shall be under an undemocratic GPA constitution. The Yes vote merely means a change from Lancaster and does not mean a change to a democratic constitutional order. For instance, there is no way Zimbabweans can be said to have said “Yes” to:

·        retaining a powerful President with unlimited powers and who appoints every state official including Ministers, judges, ambassadors, permanent secretaries, Commissions and so on.

·        a huge and expensive government with over 350MPS, given the state of our economy.

·        not electing a new President whenever the office of President becomes vacant in the next 10 years and leaving this crucial decision to a political party.

·        A Bill of Rights merely listing rights without effective mechanisms for their enforcement.

6.     From the foregoing, there can only be one answer: the crusade for a new, democratic and people-driven constitution has to continue. The NCA will intensify its efforts for a rejection of the so-called new Constitution just as it has, for over 14 years, campaigned for the rejection of the Lancaster House Constitution. Given its experience and its growing base, the NCA believes that it will take less time for the people of Zimbabwe to be convinced to throw away the so-called new Constitution and introduce a truly democratic and people-driven constitution.

7.     The NCA dismisses, with the contempt it deserves, utterances by the political leadership which indicate the 16 March, 2013 vote as historic. It was not. It was a dark page in our history as it demonstrated the continuing sickness of our society where people are taken for granted by politicians. The two leaders, the President and the Prime Minister, exhibited lack of principled and moral leadership: they know so well that the “YES” vote had nothing to do with the constitution but they have the temerity to proclaim it as historic. It is this kind of leadership which has brought our country down. If the two of them genuinely believe that the “YES” vote was on the constitution, then their heads must be examined! We believe they are not genuine!

8.     The NCA will, in the next few months,  convene meetings of its membership, including its Congress, to review its strategies and map the way forward. In this regard, the NCA is conscious of the fact that the purported “Yes” vote of 16 March, 2013 has a fundamental bearing on the future strategies of the NCA. Accordingly, the NCA membership will decide whether or not the current NCA framework is suitable for the big battle that lies ahead. The battle will be confrontational because we realise that a ZANU(PF) joined by the MDC in hoodwinking the general public is a formidable enemy of our quest for a new, democratic, open, prosperous, just and caring society. The two political formations have no monopoly in determining the destiny of our country. From the credible base built over the years, the NCA will double its efforts to win the hearts and minds of the people of Zimbabwe. One immediate practical step is that this Press Statement will be printed as a flier, translated into all main languages and distributed throughout the country. We will not rely solely on Press coverage. In addition, the NCA “NO VOTE” campaign flier will be edited merely to remove the words “VOTE NO” and printed again and distributed. Our campaign against the so called New Constitution will be permanent and will only stop when our country adopts a truly democratic and people-driven constitution. The new NCA strategies will be finalised by the time a new government takes office in July and will be announced publicly within a month of the taking of office of that government.

9.     We reject as nonsensical the claim by some MDC leaders that what remains now  is to build a culture of constitutionalism.  Constitutionalism cannot be built on the base of an undemocratic constitution. More seriously, does constitutionalism not start with a credible constitution-making process? Once we start with the culture of not respecting the people by asking them to vote “Yes” to a document they have not seen, are we not undermining constitutionalism from the start?

10.                        The NCA experience shows that it does not work to rely on others to push for what one believes in. The NCA shall rely on itself to do everything possible to ensure that one day we celebrate the adoption of a truly democratic and people-driven constitution.

11.                        We urge the people of Zimbabwe, including those who voted “YES” to take time to read the so called new Constitution and thereafter take  further time to consider our arguments against the Draft Constitution. This will enhance democratic growth and ensure that the next referendum on a Draft Constitution will be legitimate.

12.                        We accept that the country must now move to the election and urge Zimbabweans to vote peacefully. 

NCA activist arrested for 'sticking up' Vote NO Campaign posters

NCA 13 March

NCA activist arrested for sticking up ‘Take Charge’ posters

National Constitutional Assembly activist Prince Masukusa was on Monday 11 March 2013, arrested for sticking up NCA ‘Take Charge’ posters at Machipisa Shopping Centre.

 The NCA is urging the people of Zimbabwe to vote no at the referendum.

 Masukusa is currently in detention at Machipisa Police Station.

 The NCA condemns the continued harassment of members as we approach the referendum, which cast doubt over the credibility of the referendum.

 We note that the police are acting in a partisan manner as they are not subjecting those campaigning for the yes vote to such harassment.

 We urge our supporters to remain vigilant in the wake of such cowardice acts by members of the Zimbabwe Republic Police.

 No amount of intimidation, threats or arrests will cow this revolutionary movement into submission. We remain steadfast and resilient in our campaign for a genuine people driven constitution.

Our Lawyers are attending to the matter.
Asijiki! NO RETREAT NO SURRENDER!!!

 

NCA Supreme Court Update: One month is enough says Chidyausiku

NCA Press Alert 13 March 2013

 

The Supreme Court of Zimbabwe today dismissed the High Court’s ruling on the NCA case challenging the   jurisdiction of the Courts to question the President, noting that the President can be questioned by citizens in the courts.

 

However, we are utterly dismayed and that the Supreme Court dismissed part of our appeal seeking an extension of the referendum date to at least two months. In the ruling the Chief Justice Godfrey Chidyausiku, with five other Supreme Court judges indicated that, the Bench unanimously agreed that the time set out by the President was adequate.

 

We remain unshaken by this ruling and we are working flat out in the remaining two days to mobilise as many Zimbabweans as possible to come out in their numbers and vote no in the referendum.

 

 We also note the partisan stance taken by ZEC through its unqualified acting chairperson Joyce Kazembe, to support the ‘yes’ vote at the referendum.

 

We are alarmed that the supposed ‘referee’ to the referendum is now on one side.

 

By this alone, ZEC has dented the credibility of this referendum and we wonder how the same ZEC will be expected to hold a credible election.

Asijiki!! Take Charge and Vote NO

New Constitution: Why the hurry?

Financial Gazette 13 August 1999

By Professor Masipula Sithole

WE seem to be a nation in a hurry, a self-imposed hurry and in that hurry we are likely to make many mistakes that could compound our many problems and find ourselves further away from appropriate so­lutions.

Although I believe that our ba­sic problems stem from a flawed constitutional framework, we should heed the saying that "a wrong  way of doing the right thing ends in wrong results".

That we are writing a new con­stitution, a "democratic" one for that matter!, is all to the good; but that, in so doing, we should be in this much of a hurry Is very absurd, to say die least

Just yesterday, the country's leadership was saying it sees "noth­ing wrong with this constitution". Then suddenly we are stampeded into coming up with a new consti­tution. Why the sudden change?

In three months we should have come up with a "draft" con­stitution after "wide consultations" with the people. As if we were that responsive to the people's needs and desires. Why die hurry so sud­denly?

There are many things one finds disturbing in this whole pro­cess.

The President started swearing in people to the constitutional com­mission in May He is still swearing them in. This is August, mind you. He has not yet finished swearing them in, while others are resign­ing and leaving the commission for one reason or the other through the commission's doors which are "still wide open", we were recently told by the Wits professor.

September is only two months from November and Judge Presi­dent Godfrey Chidyausiku is to hand in the "draft" constitution. If things continue with the present drift, it's going to be a "draft" drafted by an incomplete list of the intended commissioners, some of whom would have had no time to consult the public, let alone "as widely as possible". Even the con­sultations dialled to what the Wits professor denies is a "Constitu­tional Commission/NCA impasse" were rammed through as if there was a prize for Eddison in the end.

This thing is so stampeded that even the Judge President has had to shortcut tender laws in a hurry to meet the November deadline! How is it possible that the basic law of the land should be created by crooked means and we expect people to respect it? And leading citizens who should expose this are at the forefront of defending it is this idea of "fighting from within"? I-i-i, chimboitai.

The commis­sion does not have money for its task. This is typical of all our institutions. The country is broke. So the commis­sion joins its de­tractor, the NCA (National Consti­tutional Assembly), in looking for "donor funding" from foreign lands. We are told a delegation led by Chidyausiku himself is leaving or has just left for the United States to look for donations. But these are donations from "friendly" coun­tries/donors with "no strings at­tached", we are told. (Presumably, the NCA's donors are "unfriendly" and with "strings attached"!).

But be that as it may, this is all in an effort to come up with a "home-grown" constitution which we can truly "call our own". Two of my sons asked me for money to buy a car each. I gave them. But they have sense enough to concede me partial ownership!

What l am saying is this: If the idea is that it should be a "home­grown" constitution, the process should be "home-financed". This is possible with a little bit of hon-esty and deliberate planning. Oth­erwise, just shut up! This double and contradictory talk does not make sense at all; instead, it makes us look and feel foolish, to say the least.

It pained me to observe, the other day, how so thankful we were to the South, (not North!) Koreans for the "first" donation of "$100 000" towards the writing of our nation's "home-grown" consti­tution! Just imagine, we don't have money to write our own constitu­tion, the basic law of our land? And we call ourselves a sovereign na­tion!? Shame on us, three times!!! Couldn't we have asked "own" people to "donate", or have we alienated them that much?

But why the hurry? "Next year is an election year", we are told, as if one didn't know. "So what if it is an election year?" one might ask. "We want to hold these elections under the new constitution," goes the non-argument. When one presses further for a coherent ex­planation, tills is what you get: "We have held these elections as sched­uled every five years since indepen­dence in 1980."

One sympathises with this sen­timental nonsense to a point. But what this argument misses is the obvious fact that the argument for a new constitution "before" the election is a self-contrived one; it is a self-imposed artificial obstacle that should not make sense to "any rational human being", to use the Witts professor's favourite phrase! It's a self-imposed trap which is re­moved by simply not linking elec­tion 2000 with the writing of a new constitution.

But if time for a new "home­grown" constitution is short, is the political "playing field" level for "free" and "fair" elections? Simi­larly, I argue that there is no time left even for this minimum task that requires a national census on the basis of which the delimitation of constituencies is made before the ultimate voters' rolls upon which legitimate elections are held. And we all know, don't we, that the vot­ers' rolls are in shambles? Some­body  is apparently  not doing his job properly.

In the past, we have argued that the ZANU PF government had 110 intention whatsoever of rewrit­ing the constitution except muti­lating it with self-serving amend­ments over the 19 years.

ZANU PF just plagiarised a pro­cess in progress, a process the rul­ing party was not ready for, a pro­cess it had hardly intended, a pro­cess likely to be stopped by the people. This could be a stillborn baby no matter how many profes­sional hands are hired to the res­cue.

We need to consult the people properly and "democratically" in our attempts to come up with a "home-grown" and "democratic" constitution; we need a new elec­toral law; the voters' rolls all over the country are in "shambles".

All this requires resource mo­bilisation and planning before plunging into the field, spending money in expensive hotels. There is every doubt that we can finish even half of this before the elec­tions, even if donors were to give generously towards our "home­grown" constitutional process.

Therefore, the case for post­poning the 2000 elections is clear. We cannot continue pretending all is well, because it isn't

NB Masipula Sithole was a pro­fessor of political science at the University of Zimbabwe.

 He died in April 2003. May his soul rest in peace!!

NCA Archives: Harare Polytechnic students stop Commission meeting

''We have generations to protect and we cannot
be part of this partisan commission
Harare Polytechnic SRC President Nelson Chamisa

Daily News 18 September 1999

Staff Reporters

About 200 Harare Polytechnic students yesterday stopped members of the Constitution Commission from holding a meeting at the campus.

Commissioners Ona Jirira and Violet Madzimbamuto and two commission officials had to abandon their meeting when students entered the hall singing and whistling.

The students grabbed the Commission leaflets and copies of the Lancaster House Constitution from the tables and destroyed them.

The Commission immediately condemned the action, saying it was a violation of the rights of those wishing to air their views.

Emy Tsanga, of the Commission’s media and information sub-committee, said it was shocking that students, while calling for democracy and change, were the first to act against these principles.

‘’If the students are calling for democracy, then they should be the first to practise it,’’ she said.

Last month the Minister without Portfolio, Eddison Zvobgo and Professor Walter Kamba, the Commission’s vice-chairman, abandoned another meeting at the polytechnic for the same reasons.

A few weeks ago, University of Zimbabwe students disrupted a meeting of the Commission on the campus and destroyed its documents.

Tsanga said it was clear, from the student’s actions, that they were not willing to let others present their views on the new constitution. She could not say whether the commission would try to hold another meeting at the college.

The students said they could not accept the commission if issues of concern to them were resolved. These include representation on the Commission and the formulation of the legal instrument guaranteeing the people’s views would be included in the constitution.

‘’It cannot be an acceptable commission that leaves out students, labour leaders, and other political parties,’’ said Sanderson Makombe an academic officers officer in the Students’ Representative Council (SRC). The students jeered the commissioners, saying they could not give their views to a partisan group.

‘’We have generations to protect and we cannot be part of this partisan commission,’’ Nelson Chamisa SRC president, told the commissioners.

Chamisa jumped on the table used by the commissioners.’’ You are implants of Zanu PF who are masquerading as genuine, non-partisan commissioners.

Thereafter the students followed the commissioners to their bus, shouting abuse.

Chamisa said student representatives in   tertiary institutions had agreed in June not to give their views to the Commission. ‘’ That is why we gave the commission marching orders last month,’’ he said.

The students said they were bitter about the daily allowances   paid to commissioners. Makombe said: ‘’They are getting $750 allowances per day and yet students at this college are given the same amount for the whole term.’’

Jirira said the Commission would ask the students willing to make submissions to do so in writing.

Nb-this article was taken from the Daily News dated 18 September 1999

Zimbabweans lets unite and vote no in the referendum.

By Madock Chivasa

As we approach the referendum its now clear that as Zimbabweans we need to put all our efforts together to block the politicians constitution. The COPAC constitution must be rejected by Zimbabweans for 3 critical reasons.

The first reason is that the proposed constitution is not well circulated to all interested citizens. COPAC produced 90 000 copies for a population of close to 13 million. This is cognizant of the fact that COPAC has spend more than 50million on this exercise yet the draft is not even adequate both in content and availability, hence the question  what does this grouping of parliamentarians and their Western donor friends desire for Zimbabwe ? It’s therefore not logical for someone to vote yes to a draft that they have not crafted nor seen. Why will any progressive Zimbabwean give a nod to a document as important as a constitution when they have never had a glimpse of its draft copy? It is therefore clear that failure to come across a copy of this constitution is enough reason to reject it.

In the same vain President Mugabe has given the people of Zimbabwe just a month to access such a rare and difficulty to find document and give a verdict vote in the referendum. A question which begs for an immediate and convincing answer is why are we so much in a hurry to have the referendum to the so alarming extend that even 9 days before referendum the majority of Zimbabweans are still looking in vain for the proposed draft constitution? COPAC took 4 years to write a constitution lavishing in hotels squandering western tax payer’s funds and when it comes to giving people enough space and time to look at the contents of this important document the president has given just a month. It is clear therefore that the time span accorded is not and can never be enough for the ordinary Zimbabweans to read in most cases sharing a document 172 pages long. This is obviously a political gimmick designed to ensure that the majority of the population does not get hold of it and at most does not understand. In a sense this is to ensure that few people get to know how bad this document is and a month is a very short period to ensure that people are in the dark. So the short notice given for the referendum and the shortage of copies is enough reason to vote no to this constitution that is being imposed on us by the ruling elite.

Secondly, the process that nurtured the proposed constitution is totally unacceptable to say the least. We can not have 3 political parties in government writing the constitution on behalf of all Zimbabweans. It is not true that parliamentarians are the only and best representatives of the people. My limited understanding of the present parliamentarians is that majority of them were last seen in their constituencies when they wanted to be voted into power. Majority of them have not contributed anything in parliament yet we are already talking of another elections. How can someone who has not contributed anything in parliament claim to represent their constituencies? This is a clear case of utter hypocrisy. It is therefore an act of deception when members of parliament suddenly claim to represent people’s views on writing of the constitution yet for the last four years the same people were wondering whether they have any representative in parliament or not.

It’s also true that we have more than 3 political parties either than the two MDCs and Zanu pf. So if there is any Zimbabwean who is not a member of these three political parties            why bothering endorsing a document with a tag of three political parties. If you are not a member of any political party its also clear that your views are not captured in the COPAC draft as it is clear that the outreach meetings contacted were more of political rallies than sober platforms to engage any meaningful discussion. No wonder why a meeting of 400 people will have only less than 10 people contributing and that rally mentality is clearly revealed.

This process has failed to recognize the importance of other communities such as the disabled, students, church, business, women, war veterans, youth, and farmers’ e.tc. There is no way that politicians can claim that they are the only representative who have a following or influence on people. Although I don’t go to church I know that someone like Bishop Tudor Bismark of New Life ministries, Prophet Makandiwa of the UFI, Hubert Engel of Spirit Embassy, Ezekiel Guti of Zaoga and others can contact church services with unimaginable crowds in terms of numbers. So even all MPS in Harare combined will not have any following or respect from Zimbabweans more than the examples of church leaders that I have mentioned. When we go to business we also have leaders like Strive Masiyiwa who have shown a strong commitment to develop this country. So it was very wrong for parliamentarians to sideline other players in writing the constitution. It’s imperative therefore that this process is an elite deal of the current politicians and its surprising that a few Zimbabweans will want that legacy of accepting a draft coming from such a flawed process. We should reject this process on the referendum day by voting no to the COPAC constitution.

 

The last and third reason why Zimbabweans must unite to reject the COPAC draft is the contents of the draft itself. The constitution leaves all the power to the president who is allowed to do what he/she wants. The powers of the president includes that of being head of state, head of government and commander in chief of the defence forces (Section 89).The powers of the president as the head of state are unlimited.(Section 110(1)).The president appoints all ministers and deputy ministers on his/her own without the approval of parliament.(Section 104).The president has unlimited immunity while in office and is allowed to plead “good faith” after leaving office.(Section 98).There is no limit on the number of Ministers and deputy ministers, its up to the president to appoint as many as he/she want without the approval from anyone. (Section 104).The president appoints all ambassadors without consulting anybody.(Section 204).A person who has left office as President will continue to receive a monthly salary(called a pension equal to the salary of the sitting President. This is for the rest of that president’s life. (Section 102(3)).

 

Its also still startling that on the issue of the powers of the president he/she can still alone appoint the attorney general (Section 114) and may fire him/her at any time (Section 115).The president has the final say over the appointment of all judges (Section 180) and although there is a provision for interviews, the president has power to refuse to appoint any of those recommended and order the judicial service commission to start afresh. The COPAC president has the final say over the appointment of all Commisions including the Zimbabwe Electoral Commission. The president has a final say over appointment of all permanent secretaries (Section 205).The proposed constitution also allows the president to have a final say over the appointment of the prosecutor general (Section 259).In this era COPAC is also giving the powers to the president to approve salaries, allowances and benefits of all civil servants from the lowest to the highest worker (Section 203(4)),this is irregardless of the fact that the president will already have appointed minister for the public service and the civil service commission. In the proposed constitution the president has power to dissolve parliament if it passes a vote of no confidence in his/her government (Section 109 (4)). All these powers in one person honestly how can we develop as Zimbabwe?

Besides the sections that create a powerful president there are also a number of unacceptable provisions in the new constitution. There are 2 vice presidents (Section 92).We no longer need two vice presidents in a new constitution. The size of parliament has been increased to a total of 350 MPs (270 national assembly and 80 senate).So COPAC’s outreach gathered suggestions that Zimbabweans want a bigger parliament than the present; honestly this is a misrepresentation of the plight of the ordinary person. Zimbabwe does not have any resources for a huge parliament like that. In any case we have already realized that majority of them hardly say anything in parliament. There is no term limits for members of parliament in the COPAC sham of a constitution.

For the next 10 years, if the President resigns or dies, there are no by elections for the President. The country is given a President by the political party of the former president, yet people elect a person not a political party as President (Paragraph 14, schedule 6).This means that if there are internal fights in the political party concerned, the country will have to go without a president until the political party sorts itself out. This is making political parties more important than the country. The death penalty does not apply to all female murderers and male murderers above 70 years. This is undesirable. If the death penalty is retained, it must not be applied in this discriminatory way. (Section 48).Most rights in the bill of rights are listed for decoration as there is no mechanism for their realization.

There is no devolution of power in the proposed new constitution. There are very weak provincial councils composed of the same people who are in parliament. The provincial councils do not govern anything in the province (Chapter 14).There is still no right to vote for the people in the diaspora and we ask why denying other citizen the same right you enjoy. There are a lot of provisions that are not acceptable in the COPAC draft and I can keep on writing.

My belief is that as the people of Zimbabwe we have a good opportunity during the referendum time to reject this constitution by voting no to it. Let’s reject this constitution and we can sit down as Zimbabweans to write a good constitution after the elections. All political players (including other political parties who are not in government and civic society) must agree on the required electoral reforms to conduct a peaceful and acceptable poll. On this issue of constitution the politicians have failed. As the politicians claim that they will urge their supporters to vote yes to this flawed constitution they seem not to be worried by the existence of other Zimbabweans besides their few supporters. This is the time when Zimbabweans must unite to reject a bad constitution coming from the politicians who have been running Zimbabwe like a tuck-shop in a compound.

Zimbabwe is not for the two MDCs and Zanu –pf. Zimbabwe is for all of us, even those who are not concerned about who rule them but who just want to be ruled properly. Let’s reject this COPAC constitution. We should write a constitution even for the generations to come not for us only. Come referendum I urge you to go and vote no to this bad constitution. The minority as represented by the two MDC s, Zanu pf and their supporters can not impose a bad constitution to the majority of Zimbabweans who are not members of their political parties. Let’s vote no. Voting no is a rejection of a bad constitution being proposed and a clear demand that as Zimbabweans we want a genuine people driven constitution.

Madock Chivasa  is the national spokesperson for National Constitutional Assembly (NCA) and is writing in his personal capacity as a Zimbabwean. He can be contacted through email -mchivasa@gmail.com.

NCA: NISINGOVOTHELLA HEYI REFERENDUM

NATIONAL CONSTITUTION ASSEMBLY (NCA)

Arinyaghi chibumbo chababusi badziparty:  Bathu bafanella uri bathingwalele chabo chibumbo!

NISINGOVOTHELLA  HEYI REFERENDUM

 

Zwizato zvahone:

A.    UYITIWA HAONE.

1.      Chibumbo hetshi achingoitiwa ngabathu ayisumbedzelli zwinonyagiwa ngabathu. Chibumbo choitiwa ngabathu chifanella usumbedzella zwinebanyaga.

2.      Chibumbo hechi chikokombotshedziwa bathu ngababusi badziparty hedzi tharhu, bone bathu babahulwane ubira hedzi dziparty.

3.      Awunha party inofanella uthendelliwa uri iyitelle shango chibumbo. Chifanella ubvha bathuni.

4.      Ayisumbedzelli zwinonyagiwa ngabathu, ikhosumbedza buvhembu nazwinonyangiwa ngababusi badziparty. Rinyagha chibumbo chinothodzulla uswikela llinhi nallinhi.

5.      Babusi badziparty bofhedza mingwaha namhingwa bachitambisa chelede inobira US50 million. Uribaite chibumbo chisongofanela shango mara chinebanyagha bone uri chibashumelle.

6.      Bathu batenda bachikombochedziwa ngababusi bakhoba bachibafha mantha othe, haba babusi bangasibathonifhi nashango lingasibvhelli phantha.

7.      Phindullo ndiusavothella hechi chibumbo. Zwithoba bathu chibinga chauri bathi-itele chabo chibumbo kana bathu bonovhotha.

B.     ZWIRENGANGOMU.

8.      Chibumbo hechi chikoba mubusi washango mantha othe. Ukhotendelliwa uyita zwine anyaga mantha amubusi washango.

·         Mubusi washango ndiyene aremuhulwane wagovernment namasolle. (sec 89).

·         Mantha amubusi washango hanamagumho. (sec 110(1) ).

·         Mubusi ndiyene anokhetha maministers nabatobedzi babo ngawufuna hawe husina muthu anotho hanha.

·         Awuna magumo awuri hufanela ukhethiwa maminister mangana. (sec 104).

·         Mubusi washango ndiyene anthiyi arekha cabinet (sec105). Chibumbo chokhorhi mubusi uthoshumisana na-cabinet mhara nghangho asizone nghauri cabinet ikhongha nghwana wamubusi washango ngauri bothe bakho hirhiwa badoba bathathiwa ngamubusi washango abo atshifha achinyago bathatha.

·         Ukhothendelliwa uyisa maminister anobva ngantha haParliament. Izwi ndiwuhumisa bakhethiwa bare ma non-constituency M.P. (sec 104(30)).

·         Bakotendelliwa uyisa othe ma ambassador basongobudzisa mhuthu. (sec 204).

·         Ndienhe anamantha awukhetha ma-permanent secretarities. (sec 205).

·         Ndiene anamantha awukhetha banosengisa millandu dzicourt. (sec 180). Unamantha awuhanha ukhetha banoba bokhethiwa ngaba Judicial service commission; adhoba ababudza uri-bathome lluswa.

·         Awuna muthu anothohana khana mubusi washango onokhetha Prosecutor- General (sec259).

·         Ndiene anokhokhetha othe ma commissions zwichithanganisella na Zimbabwe Electroral Commission. (chapter 12).

·         Ndiene anobona ngazwamihollo yabathu bothe banoshumella government. (Sec 203 (4)).

·         Unamantha awuthatha Parliament kanayohana uyintsha budget. (Sec 143 (3)).

·         Chibumbo achibi mubusi mushumo wawubindulla mibudziso kaParliament. Party inobusa Parliament ikovhikela mubusi uri asongobindulla mibudziso. (Sec 140 (3)).

·         Kana achechi dhulloni hafharhei. (Sec 98).

·         Unamantha awuthoma nlwa (sec 111).parliament ayiyiti chithu.

·         Uyakona ufharella bane-afharana nhabo kazwashango. (Sec 112).

·         Mhuthu anokoba anobva chidhulloni chaubusa shango uthoba achiholla ngwedzi mungwe namungwe (inopfhi pension) inollinghana na-inoholliwha nga anoba achibusa (sec 102 (3)) ndizwabuchillo hothe.

9.      Hunabatobedzelli babilli (92). Aribathothi batobedzelli babilli khachibumbo chiswa, ntha hayezho muthu anokhoba asichewo mutobedzelli, uthoba achiholla zwabuchillo hawhe hhothe. (Sec 102 (3)).

10.  Bathu barhekha Parliament bono engedziwha bonoba 350 MPs (270 National assembly and 80 senators). (Sec 120 & 124). number ikhodoba ya engedza yaba 355 MPs rhichibothanghanhisa namaministers mathanhu anokhokhethwa ngamubusi washango. Ayiwho chellede yawubhadhella bathu bothe haba. Nga1980 whoba hunha 140 MPs, 1990 whoba 150, 2005 zwanamella zwaya ka216 nga2008 yaba 303.

11.  U-engedziwa hazwidhullo kaParliament zwiko-itiwa ngazwidhullo zwabo zo-itelliwa basadzi. Uri mhuthu wamusadzi awanhe hechi chidhullo ufhanella urhi abe akha party dzashango maMPs arebathu bafhanella babasadzi ubvha khahanebo banoba bodzula bamaMP husungo engedziwa namba yaParliament

12. Nangwe unabathu bothe haba Parliament, ayihamantha, hurawurhi awhuna zwino       itiwa dziparty dzashango dzikhosokonyaga uhirha bathu babo bachi shumisa bangwe bathu.

13. Awhuna chibinga chamagumo awhuba khaParliament.

14. Risaballi zwa Bill of rights (chap 4) & land (chap 16) hechi chibumbo chiakona uchintshiwha husina husina referendum (sec 328). Zwikho amba uri zvothe kanha zwichi thoshandukisiwa zwitho shandukisiwa ngaParliament dzamingwa inobuya.

15. Zwamingwa yamahumi inothothobella, mubusi washango afha kana usiya mushumo, wunghasibi namaby- elections awukhetha mubusi muswa (paragraph14 schedule 6). Zwiamba urhishango lithofhiwa mubusi ngaparty yamubusi obvhawho. Bathu bonhe bachikokhetha mubusi bakhokhetha mhuthu husiwuri bakhokhetha party llini, hurawurhi bathu baheyo party kana basapfani kamafhungo shango lithodzula lisina mubusi uswikela bathu habo bopfana kamafhungo. Izwi ndiwhu isa- pfantha dziparty whunashango.

16. Awuna mushumo unoitiwa ngadzi Provincial councils khadzi province. (chapter14)

17. Chibumbo achisumbedzeliurhi hunha percentage yachelledhe inothoshuma uthusa banotambulla. Chibumbo chabathu chifanella uyincha chellede yazwilliwa, zwibhadhella, mathii napfunzho.

18. Malugello abathu khaBill of rights osokongwalliwa zwauzwibella bathu ngauri nthalli azwishumi

19. Khabashumi zwausaya mushumoni azwingotendelliwa ngaurhi azwiwo khachibumbo

20. MaZimbabweans aremashangoni hangotendelliwa uvhotha

21. Zimbabwe Media Commission yoitiwa ngahechi chibumbo, (sec248), ikhoshumisiwa ngababusi urhi basinghotendellabathu urhi bayambe bo-bobollowa zwinebanyagha.

22. Zwauri okundawa ukhojia zvothe zvikhathishuma marha bathu bonhe bachiri

 banyanga electoral system khaithanganisiwe.   

23. Chigwebo challufhu achishumi khabasadzi bothe banoba bobulaya muthu; nabathu

babanha banobabonofhirha mingwa ya 70. Izwi azwiyiti, chigwebo challufhu kanha

chichi isiwha khachi isiwhe zwisina lukhetho. (sec 48).

24. Hunazwire khachibumbo zwinotho shuma ngamurhawho hamingwa ya7 zwichiya

kha10years. Zwikhonyaghanhi zwinho zwezwinho khachibumbo? Chibumbo achifhanelli

urhi chibe chichibo tswenya babusi badziparty banothendellanha nachibumbo. Zwingwe

zwaone zwingasishumi ngamurawho ha 10 years.