Why Mugabe loves Kariba draft

News — By admin on July 7, 2009 12:08 pm

HARARE – President Robert Mugabe will be able to serve another two terms – and probably die in office to avoid prosecution for rights abuses – if his ZANU PF party gets its way in sneaking the disputed Kariba draft constitution, analysts have warned.

Mugabe and his party are campaigning for the adoption of the constitution drafted by negotiators from ZANU PF and the two MDC formations on Lake Kariba in September 2007.

According to the Kariba draft, the president would be limited to two five-year terms but the proposed supreme law is silent on the tenure already served by Mugabe who has led Zimbabwe since the southern African country’s independence from Britain in 1980.

The tenure of the incumbent as president prior to the proposed new constitution would not be counted.

“So Mr Mugabe will be eligible to continue in office for another 10 years,” observed law group Veritas.

Constitutional lawyer and chairman National Constitutional Assembly (NCA) chairman Lovemore Madhuku said the Kariba draft was a mere extension of the current constitution and would further entrench Mugabe’s stranglehold on Zimbabwe.

“There are no major differences between what is proposed in the so-called Kariba draft and what the current constitution says. In fact, it will do nothing to limit his powers and ensure fairness in the laws of the country,” said the NCA boss.

University of Zimbabwe political scientist John Makumbe said Mugabe was unlikely to call for fresh elections in 2011 as agreed in a power-sharing agreement with Prime Minister Morgan Tsvangirai but would run the full five-year term to 2013, after which he would stand for re-election for an additional two terms.

Under the September 2008 global political agreement between ZANU PF, the MDC and a breakaway MDC faction led by Deputy Prime Minister Arthur Mutambara, Zimbabwe is supposed to hold new elections in early 2011 after the passing of the new constitution.

“He is not planning on having fresh elections after the new constitution is in place. He will most probably shelve plans for new elections so that he serves his current term which runs until 2013, after which he will start afresh by applying the new constitution,” Makumbe said.

While ZANU PF secretary for administration and a close Mugabe confidante, Didymus Mutasa, would not say whether Mugabe intended hanging onto power, he insisted there was nothing that could stop the veteran leader if he wanted to run for president one more time.

Mutasa said: “President Mugabe has not committed any crime, if he did why can’t he be taken to court now. There is nothing wrong for him to continue in power.”

The ZANU PF official also insisted that the two MDC formations had agreed during power-sharing negotiations to have the Kariba draft as the foundation of a new constitution for Zimbabwe.

“Those who are opposed to the Kariba draft are lost, the MDC signed all the pages of the GPA including the ones talking about the Kariba draft, if they now want to change then they are not supposed to be in power,” he said.

But MDC spokesman Nelson Chamisa insisted the party had not agreed to impose the Kariba draft on Zimbabweans.

Chamisa said:  “Let the people write their own constitution, certain politicians would literally want to hold the process to ransom but it should be extricated from their jaws by a people driven process.”

Analysts said events of the past three weeks may have hardened ZANU PF’s resolve to push through the Kariba draft which supports their continued clinging to powers.

The recent Western tour by Tsvangirai has alerted Mugabe and his ZANU PF sidekicks of the lurking danger of prosecution for human rights abuses once they are out of power.

Western countries led by the United States and Britain have demanded far-reaching political reforms in Harare before releasing economic aid.

Analysts say Mugabe is aware that his political survival is at risk once he agrees to a new democratic constitution that would drastically clip his powers. — ZimOnline

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Tags: Constitution, Kariba Draft, NCA