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New Zimbabwe constitution by Feb 2011

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Sebastian Nyamhangambiri 

HARARE – Zimbabwe’s constitutional committee has said it hopes to produce a new draft constitution only by next February, which could see fresh elections that were initially earmarked for 2011 further delayed. 

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Joint-chairman of the Constitutional Parliamentary Committee (COPAC) driving the reforms Munyaradzi-Paul Mangwana said that the constitution making process was several months behind schedule, with a key exercise to solicit the views of ordinary Zimbabweans on the new constitution that should have been completed last November now expected to only begin next April. 

A referendum on the draft charter that initially was planned for mid-2010 can only take place around February next year according to Mangwana, a member of President Robert Mugabe’s ZANU PF party and one of the three chairmen of the COPAC.

“Assuming we get funds soon – February next year is the (earliest we can) have a new constitution in Zimbabwe. Do not ask us (COPAC) about elections. That will be for the principals to decide,” said Mangwana, who was addressing journalist at national press club in Harare Tuesday evening. 

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Mangwana said a shortage of funding was the main obstacle to constitutional reforms that are part of requirements of the power sharing agreement or global political agreement (GPA) signed by ZANU PF, Prime Minister Morgan Tsvangirai’s MDC-T and Deputy Premier Arthur Mutambara’s MDC-M two years ago. 

The September 2008 GPA is the foundation of Zimbabwe’s coalition government and the document, among other things, calls for a new and democratic constitution that should lead to the holding of free and fair elections. 

Mangwana said: “The constitution is one of the key deliverables of the GPA but funding from government has been insufficient. We are still pleading with government to take its responsibilities of funding the process seriously. We can’t set time frames under the GPA for something whose funds we don’t have.” 

However Mangwana raised hope that a solution to funding problems was within sight, saying the three political parties and donors were expected to sign an agreement today that should pave way for release of funds for constitutional reforms. 

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Another COPAC chairman, Douglass Mwonzora said while funding was a problem another obstacle to constitutional reforms was fear by members of the unity government that they could lose their positions should new elections be called once a new constitution is in place. 

“Those who are afraid of losing certain positions are endangering the constitution making process. These people think that after the new constitution is in place they will be forced to go back to polls to stand the test of the people again,” said Mwonzora, who is from Tsvangirai’s MDC formation. 

The inordinate delays have helped damage the credibility of the constitutional reforms that has also been tainted by reports of alleged violence and intimidation by soldiers and ZANU PF supporters campaigning for the adoption of the controversial Kariba draft constitution as the basis of the proposed new charter. 

ZANU PF and the two MDC formations secretly authored the Kariba draft in 2007 but critics say the document should be discarded because it leaves untouched the immense presidential powers that analysts say Mugabe has used to stifle opposition to his rule for the past three decades. 

The coalition government is expected to call fresh elections after enactment of a new constitution although the administration can choose to wait until expiry of its term in 2013 to call elections. 

Zimbabweans hope a new constitution will strengthen the role of Parliament and curtail the president’s powers, as well as guarantee basic civil, political and media freedoms. – ZimOnline

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