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The curious case of costly internet in Zim

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By Freeman Chari

One day I was watching a friend go through her Cisco simulations when something struck my head. She was drawing computers and routers trying to come up with something she called a network topology (whatever that is). When I asked what she was trying to do we ended up concluding that until there is a strategy to harness our brilliant ideas and transform them into action the poor will always be poor.

In an attempt to explain the concept of networking to me, she picked our internet connection. We pay our Internet Service Provider (ISP) and we also pay our telecoms provider for the line rental. Our ISP has a small network which we are also part of blah blah blah and here ended our original discussion but started another one which eventually inspired our realisation.

To access internet we pay an ISP, which in turn pays an upstream ISP for Internet access, this upstream ISP also pays another ISP which has a bigger network, which in turn pays another one and so continues the sequence until we reach a network that is called a Tier 1 carrier. A Tier 1 carrier is one that connects through the entire internet without paying for that access. There are about ten of these truly Tier 1 networks in the whole world. They include Sprint , AT&T, Verizon, Level 3 Communications (L3), TeliaSonera, Quest and Global Crossing. All the Tier 1 carriers are headquartered in USA except Global Crossing (Bermuda), NTT (Japan) and TeliaSonera (Sweden).

This brings me to the core of our observation. When I visit Quick n Easy Internet Cafe in Harare I will pay $1 to access the internet. Quick n Easy would take a chunk and pass another to its ISP which will get a chunk and pass the other chunk to somebody who will pass to somebody. There is 70% chance that a chunk of my $1 will end up shoring the USA balance of payments.

To those who have tried to own a website they may know that for you to have one you need to have an internet domain name. Unless you want to use a country code top-level domain like .co.zw then one needs to pay domain registrar to register that domain. There are five notable registrars in the whole world, the biggest being GoDaddy in USA.

The point I am trying to drive here is that, the advances in sciences that we embrace entrench certain levels of monopoly of the economic space by the rich over the poor. The technological advances demand that there be a computer. One cannot use a computer unless he purchases an operating system like Windows which was developed by Microsoft- a USA company.

This scenario does not embrace innovation from the lower end of the consumer ladder. This is present in most business atmospheres where regulatory agencies are created to put stringent measures which do not only curtail innovation but serve to entrench the dominance of certain powerful entities in such markets.

I will give an example. There is a man in Zimbabwe who has struggled for the past ten years to have his helicopter- which he built from scratch- fly in Zimbabwe. The Zimbabwean authority CAAZ has denied him permission to test his invention calling the chopper unworthy to fly. Instead of CAAZ rewarding such determination and innovation, they choose to let him be an object of ridicule. I am of the opinion that, had he been given necessary support by now Zimbabwe would have been able to build its own helicopter, or maybe a tractor.

I am sure if Daniel had been a Professor of Robotics from overseas he would have been allowed to try his chopper yet Bill Gates revolutionised the world despite being a school dropout! Daniel Chingoma, has got a brilliant idea but does not have the financial capacity sustain his idea. Unless there is somebody who has the finances and is willing to support him, it is possibility that his chopper will never see the skies. How many of us have got clear ideas but do not have the financial capacity to bring them into action?

I have always wanted to operate a Medical Laboratory that would have the capacity to diagnose such diseases like leukaemia and cancer in Zimbabwe. For the past four years I have been visiting banks and financial institutions within and without Zimbabwe. They all tell me that Brilliant proposal now what collateral do you have? I am just a 28 year old who does not even have a stand to build. So until I am able to amass wealth in immovable assets or am able to convince somebody with his houses to act as surety then this dream will die a stillbirth.

I work in a hospital, my salary even if I save it for ten years without eating anything it would never come near the amount needed to buy a BD FacsCalibur machine for such a laboratory. Faced with these challenges one begins to think of how he can surmount them, and many ideas and scenarios fly across. As a Zimbabwean who has been denied access to loans because I do not have title deeds one option is to also go and grab land like what ZANU PF bigwigs are doing.

This is a rational idea given that if I stand in a queue with Munangagwa and Mr Hirtchkens (a white farmer with 200 hectares of land) both of them stand a better chance of accessing the loan despite the fact that they both would not have a legitimate claim to the land they would be using as collateral. So why not grab too?

Like in the well knit system of internet business, the sugar business has an upstream cascade that makes it difficult for me as a common man to be part of. Triangle Ltd owns the canals that carry water from Tokwane-Ngundu dam to its fields, it owns the sugar milling company and has big claims in the sugar refineries. Even if I get land in Nuanetsi Ranch, I would not be able to farm sugarcane unless if Triangle allows me to use its water. In the event that it allows me, I may not be able to sell the sugarcane to its milling company unless it allows me to. Otherwise I have to sell the canes to people at Ngundu Bus Terminus.

Under these circumstances why not violently seize a part of this chain and start playing a part? After all it is situations like these which necessitated revolutions in Russia and China. Another option is to use our cumulative economic power to create a pool of resources which we can tap into if one of us has an idea that is worthy supporting. This is a concept that has been used by Indians much to their benefit. If I can save $5 and 1000 other people can do it every month. Each month we would be having $ 5 000 which can be invested.

In a year we would be having a relatively large pool of capital. Unfortunately the circumstances that we find ourselves in make this even harder. My salary is break even. My employer gives me enough to feed my family, pay rent and school fees. Where will I get the extra cash without straining myself?

I can go on and on but the situation that we the poor find ourselves in demands that we radically shift our gaze from what we are made to believe is happening and takes a deep stare at the machinations below. Otherwise we are going to get poorer and poorer whilst the world seems to be developing.

As I retire to bed, I cannot help listening to Thomas Mapfumos munhu mutema. Hona tingabhenga sei vamwe vakabhenga kare zvinotigumbura isu (How can we bank when others banked a long time ago, it frustrates!)

Great Hope and Optimism for Zimbabwe

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By Dewa Mavhinga

Recently I was at a function in London when, upon introducing myself as a Zimbabwean, someone ventured to ask me a question I have become very much accustomed to now, ‘so, what has changed with this new government?’

In response I explained that as far as I was concerned, there had been no fundamental change in political direction and that the levers of power remain firmly in the hands of those who wielded power in 1980 and as such, we are not really in a new political dispensation as yet.

The person who asked the question was clearly unimpressed, he pointed out that in fact he had information that ‘a lot of positive changes’ had taken place in Zimbabwe and cited the so-called miracle reduction of inflation from 231 million percent to just 1.1 percent as an example some of the positive changes that are not being highlighted.

He then noted that Zimbabweans in the Diaspora and international media have a tendency of reporting only negative news on Zimbabwe because, he quipped, ‘good news does not sell.’ It appears this is a generally held view among some international observers which I wish to address in greater detail here.

Well, I do not see how my grandmother in Bikita would take comfort in the miraculous reduction in inflation because she still does not have access to foreign currency. The switch-over to use of foreign currency which cured inflation in one stroke may be significant to political elites but certainly makes little difference to ordinary men and women in Zimbabwe who continue to suffer. It is like focusing on improving working conditions for those who are employed when 94 percent of Zimbabweans are unemployed!

Personally, and I am confident many other Zimbabweans share this view, I desperately desire to hold great hope and optimism that Zimbabwe’s future is bright and that political change has come. I want to be able to proudly tell the world that Zimbabwe is open and ready for business. I want to tell anyone who cares to listen that my country is a beacon of democracy and persuade investors to rush to Zimbabwe and do business with my countrymen.

It is my wish that l should tell the world that violence, human rights abuses, police brutality and repression belong to the past. Unfortunately, sadly, that would be untrue; I would be telling blatant lies if I were to lay claim to such things. Creating false hope and false images of change does not bring the desired change to Zimbabwe.

It appears to be that the desire to be ‘positive’ about Zimbabwe and project a positive image of Zimbabwe may have led some of our erstwhile colleagues who now occupy high political offices to massage the truth and polish the rough edges of reality in their presentation of the situation in Zimbabwe. All of a sudden, themselves victims a compromised and corrupt court system, because they are now part of government, they believe there is rule of law and that their colleagues who face various politically motivated charges must face trial by ‘impartial courts.’

One minister from the smaller MDC faction, when asked why farm violent farm invasions were continuing unabated responded, ‘government is broke, we do not have financial resources to deploy police to stop the invasions.’ Was this not precisely the same political excuse given by the police in 2000 when farm invasions began?

Clearly, but for reasons as yet unclear to me, many former advocates of rule of law and democracy who are now in government have become shameless liars quite ready and comfortable to sing from the same hymn book with those who once persecuted them.

Being frank and truthful about the minute changes that have taken place in Zimbabwe does not make one a pessimist. My great hope and optimism for Zimbabwe lies in the hope that there are many who will realize that the struggle for democracy and good governance does not end when one gets a seat at the high table; that is precisely when the struggle begins. Only the truth will set our leaders free, and, in the same vein, set us all free.

Dewa Mavhinga is a Zimbabwean human rights lawyer

Public Service to weed out ghost workers

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Public Service Minister Eliphas Mukonoweshuro has said government is carrying out an audit to establish the number of civil servants on its payroll. This comes amid reports that over 30 000 ghost teachers are receiving government allowances every month.

Minister Mukonoweshuro said the audit was expected to be completed by mid-July. He said the government took the decision to undertake the audit following discoveries that some of the workers were not genuinely engaged by the government, amid reports that some youth militia aligned to Zanu PF were receiving monthly salaries from the government.

The Ministry of Education has since discovered discrepancies in the number of teachers on its payroll. The three teachers’ unions have 60 000 members on their books but the education ministry showed that 90 000 members were on the government payroll.

“We are doing it meticulously and this is the first time that such an audit has been carried out.  In the past there have been manpower surveys but this exercise seeks to establish who is a genuine civil servant and who is not,” Mukonoweshuro said.

Youth Forum comments on Bashir visit

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The Youth Forum supports the initiative by four journalists Stanley Gama, Stanley Kwenda Valentine Maponga and Jealous Mawarire to challenge the legality of Media and Information Commission.

This does not only go a long way in advocating for democracy and good governance but also to enlighten the citizenry on these critical issues. We also condemn the denial of access of these journalists to the just ended COMESA Summit at Victoria Falls which was generally described as a gathering of dictators and criminals.

Al-Beshir the president of Sudan under International Criminal Court warrant of arrest felt at home in the midst of fellow dictators.

We are also against the way this whole event was covered by the state media since it emphasized on the assumption of chairmanship by President Mugabe at the expense of critical issues such as the overview of the body, achievements, failures and the significance of the body.

As Youth Forum we urge the state media to be more informative and educative rather than being a mere propaganda conveyer belt of ZANU PF and the government. We are shocked by the continued bias of the state media and hate speech contrary to the dictates of the Global Political Agreement.

As Youth we expect to be allocated time to also air our views as we have always been advocating for to the relevant authorities to no avail. We strongly feel that the government must put its house in order in terms of restoring human rights and good governance so as to bring about donor and investor confidence.

Glob trotting with a begging bowl and calling for the removal of sanctions before addressing the pertinent issues as envisaged by the Global Political Agreement will only help to humiliate the government of Zimbabwe and the nation as a whole.

It also goes a step further to legitimize ZANU PF argument that it is the MDC which called for sanctions hence the need for it to take charge in calling them off.

Youth Forum strongly feels that there is a great need to make great Reserve Bank reforms before acquiring funds to resuscitate the economy. Issues to do with the constitution, national healing, media reforms and information regarding the inclusive government should not remain a preserve of those in government as what is currently prevailing.

Such issues must be community driven in the exact meaning of the word.
YOUTH FORUM INFORMATION AND PUBLICITY

MDC USA Province Marks 10th Anniversary

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On June 13, 2009 MDC is crossing a solemn milestone that honors the Movement’s struggle and achievements to date. As a party, MDC will continue to press for bolder measures particularly as it relates to political reform in tandem with economic recovery.

As we take stock of the present situation, it is worrisome to note that Zanu PF sees no hurry in addressing fundamental issues relating to the implementation of GPA terms. MDC is grievously concerned about the slow pace in implementing the GPA terms especially considering the worsening humanitarian situation caused by political instability and an economy that is in intensive care unit.

It is no secret that over the past three decades, the country has suffered
exceptional collapse of the economy and the rule of law. As we celebrate a decade of our struggle for a better Zimbabwe, we remain cognizant of the fact that the restoration of economic and political stability are at the core of our party’s priorities.

Our party is more determined than ever for the struggle against any forces that stand in the way of progress and democratic change. I also want to make a special plea to all Zimbabweans in the Diaspora to boost their
consciousness about contributing to the development of their homeland, Zimbabwe.

The Diaspora has a huge role to play in this new Zimbabwe, chiefly by contributing skills and investments in form of financial, human and social capital. President Morgan Tsvangirai is scheduled to deliver a keynote address at the MDC-USA celebration of the MDC 10th Anniversary to be held at NOVA Community College in Annandale Virginia (see website www.mdc-usa.org, for details).

Just as we celebrate, it is also a sobering moment as we pay tribute to hundreds of men and women who perished as victims of political violence. Zimbabweans from all walks of life are invited to attend which will be attended by other MDC national Executive members.

For more information visit www.mdc-usa.org

Mawere: Mandela a point of light

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By Mutumwa Mawere

What is Mandela’s legacy?  On 18 July, former President Mandela will turn 91 and when one looks back at his life one will quickly discover that it has been a life of selflessness, service, and adding value to human civilization.

Mandela like many of his contemporaries made choices that in today’s circumstances may never capture their true significance and meaning.  The world has recognized Mandela’s unique place in human history and his impact is not country, race or class specific but universal.

It is easy to take for granted the remarkable changes that have taken place in South Africa and, indeed, the impact of such changes in resolving other seemingly intractable conflicts.

Mandela’s destiny was chosen for him.  He was born into a society that attempted to classify human beings based on their skin color and created a civilization in which one human being acquired rights that could not be enjoyed at law by other citizens.  A nation state was created out of a foundation of race-based values and principles.

Mandela belongs to a class of Africans who refused to accept a civilization that made black South Africans inferior citizens whose possibilities in life were controlled by a state they were not a part of.

Mandela could easily have opted to cut a deal for himself with the apartheid regime.  He chose not to until civil rights were restored to all.  During the last 15-years of democracy, South African have enjoyed freedoms that would not have been possible were it not for the sacrifice, determination and courage of people like Mandela.

His place in South African history as the first black President of post-apartheid South Africa is secure.  He could easily have become a life President of South Africa but he chose not to.  He saw in every South African the face of a President and was secure enough to appreciate that the highest office in the land must be shared.

Mandela knows that there is no one indispensable and by South Africa adopting a republican ideology, the face of a President need not be his only but can be that of any person irrespective of their class, race, ethnicity, and religion who is willing to serve other people.  Ultimately, in a republic the sovereignty is vested in the people who should select one among them to represent their interests as State President in the state.

By choosing to retire after one term, Mandela made it possible for friends of Thabo (FOT) rather than friends of Mandela (FOM) to also access the state and influence it.

The torch had to be passed on in the interests of nation building.  Had Mandela decided to remain in office it is common cause that access to the state would inevitably have been restricted to his circle friends and family.

In building any nation state one has to recognize that human beings have no power to change the number of hours in a day and they cannot extend life.  We are all human and Mandela is flesh like all of us.  What then makes him an icon, superstar, a fountain of inspiration?

In making the choices that he made in his 67 years of active political engagement, I do not think that he had any idea that such choices would inspire not just his fellow citizens to serve humanity and be less selfish.

In his inaugural State of the Nation Address last week on Wednesday, President Zuma declared 18 July as a national day in recognition of the contribution of President Mandela to nation building and humanity.

President Zuma said: “Madiba was politically active for 67 years, and on Mandela Day people all over the world, the workplaces, at home and in schools, will be called upon to spend at least 67 minutes of their time doing something useful within their communities, especially among the less fortunate.”

Mandela chose to be the change that he wanted to see.  He did impact on the world through action and not inaction and silence.  What lessons do we draw from Mandela’s legacy?

Through Mandela the world has come to learn that even people who are deprived of personal freedom can have a profound influence on free people.  We also learn that the only power people who do not have power is the power to organize.  Without the African National Congress (ANC), Mandela’s influence on the change agenda would have been compromised.

By better appreciating the true meaning and significance of Mandela’s legacy, it becomes easier for our generation to advance the cause further.  We are indeed lucky to be alive at the same time as Mandela.

Is it not ironic that the value of Mandela’s legacy has been recognized and celebrated more than people he did not sacrifice his life to free?  It took 15 years for South Africa to dedicate a day for Mandela to allow us to reflect on what remains to be done to fulfill his dream of a just and fair society.

What are you going to be doing on 18 July?  Please ask your friend, neighbor, and relative what they are doing on this special day.

I will certainly be part of the 18 July celebration that has been initiated by a group of African persons concerned that the majority of initiatives and programs like the 46664 have been promoted by non-resident persons with no or little response from the natives of Africa.

We have chosen to celebrate the life on another remarkable African, former President Kaunda, who like Mandela made choices that had a far reaching impact not only in Zambia but throughout the world.

It is never late to be part of the change that you want to see.  Mandela’s birthday should give you an opportunity to reflect on your own purpose in life.

There is a point in Mandela’s life like there is any human life.  Each of us makes a difference to our own circle of friends and it is incumbent upon each and every one of us to appreciate the difference we make individually and collectively to the human life experience.

Tsvangirai to meet Obama on June 12

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US President Barack Obama will meet Zimbabwean Prime Minister Morgan Tsvangirai on June 12, the White House said Monday, offering the African leader a meeting at the Oval Office.

“The prime minister, along with millions of Zimbabweans, has been working against the odds to secure a stable democratic future for the people of Zimbabwe,” the White House said.

Tsvangirai, a long-time opposition leader who is backed by the West, became prime minister in a unity government on February 11, part of a power sharing deal with his rival Robert Mugabe following national elections.

Obama and Tsvangirai will “discuss the difficult road ahead in Zimbabwe, including how the United States can support the forces of reform as they work to bring the rule of law, respect for human rights, and free and fair elections back to Zimbabwe,” the White House said.

Washington’s treatment of Tsvangirai could hardly be more different from that of Mugabe.

The European Union and the United States maintain a travel ban and asset freeze on Mugabe, his wife and inner circle in protest at controversial elections and alleged human rights abuses by his government.

The country now faces an uphill struggle to emerge from years of economic chaos, which has seen rampant inflation and forced many Zimbabweans to flee the country.

Ahead of the trip Tsvangirai said he would be looking for transitional assistance from the international community. -AFP

Mugabe & Gono ignored Biti on currency?

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By Denford Magora

The Dutch Prime Minister said his country would not give Zimbabwe any of the money it is seeking. Instead, they will continue with their humanitarian assistance. The denial of aid to Tsvangirai is celebrated in huge front page story today in the Government newspaper, The Herald. It sounds like they like the fact that he got nothing.

Yet again, we are proved right. (No, we do not get tired of proved right on this blog and we never tire of pointing it out). As you probably know by now, it was announced yesterday that banks in Zimbabwe have now converted Zimbabwe dollar accounts on their books into US dollars.

This blog broke that news on JANUARY 23 2009.

At the time, we were not sure what exact predetermined rate would be used by Gideon Gono, but we now know. The accounts have been converted at a rate of Z$6 quadrillion for every US$0.11. That means for every six quadrillion Zimbabwe dollars in your bank account, you will get eleven United States cents.

The article I refer to above, writte on January 23, explains the thinking that informed this strategy back then. Still, this is money that is being conjured up out of thin air, so to speak. Tendai Biti and Gideon Gono will have to find the US dollars to fund those accounts they have turned into US dollar accounts.

Where is the money to come from? Tax revenue is not even enough to pay the salaries of civil servants. Will they use the one billion dollars they have secured from African banks to fund this freebie carnival? What is important for you to understand here is that the Reserve Bank Governor has continued with his and Mugabe’s plans as if Tendai Biti did not exist at all.

Gono has defied his principal, Tendai Biti, who announced only recently that the Rand would be the base currency (or currency of reference) for the country. Gono announced yesterday that this is not so and instead, as the Monetary Authority, he has declared the US dollar to be the base currency of Zimbabwe. All the banks in Zimbabwe have complied with this directive, making the UD dollar Currency Number 0 in their systems (base currency).

The Zimbabwe dollar is currency Number 43, which means it will not even be accepted as legal tender in Zimbabwe anymore. I guess Tendai Biti will just have to put all of that in his pipe and smoke it.

Mawere: History of Africa always up to us

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By Mutumwa Mawere

The spirit of selflessness that guided the decolonization period is still needed now more than ever.  Ultimately we are our own liberators.  We have no choice but to live up to the sacrifices made by the millions whose struggles and courage helped restore the dignity and rights of black people as full human beings in a global family of racial groups.

With a population of 900 million, Africa’s majority population is black and yet its history was shaped by a few, both during the colonial and post-colonial eras.  The selfishness of post-colonial Africa’s founding fathers was able to change the course of the history of the continent. In the end, forces beyond our control do not determine Africa’s destiny.

Our history is nothing but the sum total of the choices and actions taken by each of Africa’s 900 million points of light. Each individual man and woman has a purpose in life and it is up to us to define and shape the future. How much do we celebrate life?  How well do you know your circles of friends and family?

Bridging the knowledge gap that exists in Africa is the first challenge that we have to confront.  We have no choice but to know each other, acknowledge and celebrate the people who make a difference to our lives. Anyone who makes a difference to life has a point that must be celebrated and communicated.

Everything that man has created has no capacity to generate new life but to serve humanity. Institutions like physical products are created to serve mankind.  Although ultimately life is an illusion, the journey of life allows one to pretend that life has no end.  In fact, we all know we are going to die but each day that comes along we rarely factor death in the decisions and choices that we make.

Corporate citizens are eternal but human beings are mortal.  A successful nation state is only as good as citizens want it to be.  Human life is perishable and yet human beings have the capacity to create an existence that they want to see.  Other animals are incapable of creating institutions and products that provide services and solutions to the challenges of life. What we do know is that all the material things that mankind can amass will remain on earth.

We often equate wealth accumulation with success and yet it is obvious that humanity needs other instruments to measure success. Each and every individual does count.  Is it not ironic that we all look up to other human beings forgetting that we are and must be the change we want to see?  It is easy to forget that Africa’s progress is a consequence of the actions and choices that its citizens have made and continue to make.

We must start by acknowledging that history is not a story of accidental occurrences but a record of the legacies of human beings. Africa has produced its own thinkers and doers but rarely do we pause to reflect on the unsung heroes that have helped define our history.  We tend to focus on the negatives forgetting that the solutions to the challenges that confront us lie in our collective hands.

The initiative to identify Africa’s points of light has to start with us looking at the people we know and only by appreciating the difference they make to our lives will we discover that working together we can address the challenges and take advantage of the enormous opportunities that the continent offers.

We all have work to do and we have a point in our lives.  It is up to our circle of friends and family to expose the point and in so doing help inspire the majority who have come to believe that they have no value to the enterprise of life.

Towards a New Constitution for Zimbabwe

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By Sanderson N Makombe

Zimbabwe is currently embodied in controversy surrounding the proposed constitutional making process. Civil society led by the NCA and ZCTU have vehemently opposed the inclusive government’s proposed process mainly because they allege the process should be ‘people driven’ , not ‘parliament driven’ ,and that it should be inclusive and be led by an independent organisation[ according to Matombo ZCTU].

Zimbabwe is hardly breaking the ice on this subject. That the process needs to be inclusive is hardly in doubt. Contrary to Lovemore Madhuku’s assertion, there is no mandatory process to follow in constitutional making process .If there was, a breach of procedure would render the process unlawful and could duly be challenged in the courts of law. A democratic constitutional making process is critical though to the strength, acceptability and legitimacy of the final document. Constitutional writing in the 21st century is different from the previous era where expert writing was the norm. Probably one of the oldest constitutions, that of USA was written in 1789 by just a small group of people, whereas the Japanese constitution was written by a group of occupying American personnel. Both have stood the test of time.

The 21st century has seen a change in attitudes because of the principles of democracy. What matters now is not just the substance of the end product and its acceptance. The process is now just as important. Ownership and authorship of the process and by-product is critical. This demands a broad and inclusive approach, which is wholly participatory at every stage of the process.

Realism will reflect that constitutional making is all about division and regulation of power. Political elites will not want to leave the task in the hands of interest groups. Therefore it is imperative that both the government and interest groups be flexible in their approach to the process. At the end of the day what is required is compromise from both sides to find a middle of the road process.

It has been argued that there is actually a legal right to public participation in constitutional making processes.  Article 21 of the UN Declaration of Human Rights 1948 and Article 25 of the UN International Covenant on Civil and Political Rights [ICCPR] have been interpreted to confer such a right.The general meaning of ‘democratic participation’ has been interpreted by the UN Committee on Human Rights to also encompass constitutional making processes. Article 25 ICCPR on the other hand establishes the right to participate in public affairs.

The same right is present in the African Charter on Human Rights, Article 13, which states ‘every citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in accordance with provision of the law’. Whereas it is true that these rights initially were meant to protect the rights linked to electoral processes, gradual judicial interpretations have expanded the context to include participation in constitutional making. The first UNCHR ruling came in the case of Marshall v Canada 1991.

The UNCHR ruled that the right to participate in constitutional making process was undoubtedly part of public affairs [basing on ICCPR]. The right though was deemed not unlimited as Article 25[a] was read to mean that ‘no group had unconditional right’ to choose the modalities of participation in public affairs. It aptly stated that ‘it is for the legal and constitutional system of the state party to provide for the modalities of such participation.’

In addition a General Comment from the UNCHR on article 25 of the ICCPR further strengthened the right to participation. They stated that citizens have the right to participate directly in the conduct of public affairs when they choose or change their constitution. This is a persuasive argument because a General Comment by its nature is not binding. In a related case, the South African Constitutional Court had occasion to adjudicate on the nature and scope of the duty to facilitate public involvement in the law making processes in Doctors for Life International v The Speaker of the National Assembly and Others. The court concluded:

‘the duty to facilitate public involvement must be construed in the context of our constitutional democracy, which embraces the principles of participation and consultation…undoubtedly; this obligation may be fulfilled in different ways and is open to innovation on the part of the legislatures. In the end, however, the duty to facilitate pubic involvement will often require parliament.. to provide citizens with a meaningful opportunity to be heard in the making of laws that will govern them’….Ultimately what parliament must determine in each case is what methods of facilitating public participation would be appropriate…’

In Kenyan jurisprudence following the Ringera Judgements, Justice Ringera in deliberating on the constituent power of the people in constitutional making observed: ‘the constituent power of the people could only be upheld in a constitution making process after the following steps are taken [1] views are collated from the people and processed into constitutional proposals,[2] a constituent assembly is formed, where these views are debated and concretised into a draft constitution and [3] a referendum is conducted to confirm whether the draft constitution is acceptable to the people and envelops their constitutional expectations’

These cases illustrate that there are no hard rules or mandatory procedures in constitutional making process. However they also establish that public participation is a right and is mandatory for the process to be legitimate. Authorities of the day have discretions on how they will proceed in involving public participation. At best the process is a compromise between competing opinions. It is imperative that Zimbabwe looks at its neighbours to learn how it can refine its process. Four African countries, South Africa, Rwanda, Zambia and Kenya could offer an insight into different modalities than can be utilised in constitutional making process.

The South African model has been hailed as a success process in constitutional making. Bearing in mind that the broker of the Zimbabwe GNU was one Thabo Mbeki,it is apparent that the route envisaged in the GPA is modelled along the South African Model. The South African legislature[ parliament and Senate] were constituted into the Constitutional Assembly. A Constitutional Committee was then established from the Constitutional Assembly .The CC was led by Ramaphosa and Meyer. The CC then established six thematic committees to receive and collate views from all parties. The process was led by parliament and senate and still it is regarded as ‘people driven’.

Public participation was by a very strong media and advertising campaign. Their elected representatives reached out to them and invited their views. The educational campaign used all sorts of techniques including websites, cartoons, radio, televison,billboards and public meetings. From 1994 to 1996 the CC is reported to have received more than 2 million submissions from individuals and interest groups. Then the committees of the Assembly drafted the new constitution, first by a working draft and which later was signed into law by Mandela in December 1996.It is very much surprising that Pedzisai Ruhanya concluded that the process was acceptable simply because Mandela was in power. Such a conclusion is very simplistic in nature for it does not address how legitimate the process was and why Zimbabwe cannot adopt the same process and come up with the same result.

Rwanda’s process was a result of the negotiations at the Arusha Peace Summit in Tanzania. The process involved a setting up of a Legal and Constitutional Commission. The elected legislative assembly  elected a constitutional commission of twelve people.[again from its parliament].Thousands of people were trained, including government officials, members of parliament, judges at national provincial and prefecture levels. These  then solicited public opinions on what issues they wanted in the new constitution.[public participation stage].

Kenya’s experience makes interesting reading because it just looks like a replica of Zimbabwe. After the 2002 elections a constitutional review process was recommenced after passing of the Review Act. The Act called for broad public participation at every stage of the drafting process. It outlined a three step constitutional review process of [1] public consultation  by a small review commission,[2] review of draft by a national convention and [3] ratification by parliament. The review commission comprised twenty seven commissioners [later reduced to fifteen] nominated by parliament and appointed by the President. The commission was mandated to visit every constituency in Kenya to collect citizen’s views and to disseminate the draft widely among the public.

The review commission was also to convene a national constitutional conference for discussion, debate, amendment and adoption of the commissions report. The national conference constituted of 629 members. More importantly all MPs were also included in the national conference as well as representatives from all political parties, from religious groups, and civil organisations.

The third requirement of ratification proved contentious because the High Court issued a ruling proclaiming that any new constitution  needed ratification through a national referendum. I have omitted the politics of the process but the gist of the matter is that the constitution was defeated by a NO vote in the referendum, just like in Zimbabwe in 2000.

Zambia up to today is still mired in the politics of constitutional making. It has had three review commissions in 1973,1991 and 1996.Currently there is a fourth one led by Mungomba instituted in 2003 by Levy Mwanawasa.The major obstacle has been the requirements of the Inquires Act which gave government the power to reject or accept peoples recommendations on a new constitution. The constituent assembly known as the National Constitutional Conference is constituted by almost 498 members drawn from all political parties, civil society and other related groups. Levy Mwanawasa made concessions and allowed the NCC to elect its own chairperson rather than before when he was appointed by the president.

The above scenarios  show different constitutional making processes. Each was insinuated in context of the countries laws, history and values, and all claim that the process  is  people driven .So what is actually a people driven process?

A people driven process is but just an opinioned process. The greater part of a country consists of the unorganised individuals, people who do not belong to the any of the groups making up civil society. These people can not drive a process themselves and at most their interests are represented by their Members of Parliament. An elected MP doesn’t just represent those who elected him. To conclude thus renders the concept of elected representation and democracy irrelevent.They represent all people in their constituency and all interest groups also therein. Parliament and Senate is elected on the basis of universal adult suffrage in free and fair elections and should embody the sovereign will of the people.

Dr Madhuku alleges that some of the parliamentarians are of dubious character. Indeed it is true but then there are no saints either in the civil society.Madhuku himself is a living testimony. He committed the most cardinal sin in constitutional manipulation by forcing an amendment so that he could go for a third term as chairperson of the NCA.The reason? According to him, he was afraid the organisation could be hijacked by other elements whose purpose is not to achieve the objectives of the NCA.How can we trust a parliament to enact laws for us, which includes constitutional amendments [by a two thirds majority] and use our taxes and yet fail to trust them to lead a constitutional making process?

It is for these reasons that WOZA must be applauded for their stance to participate though under protest. If Zimbabwe is to move forward all forces must join in the constitutional making process and strive to influence the process from within. Not only does this afford them the opportunity to criticise from an informed position, it gives them the edge to provide checks and balances. If NCA and ZCTU, ZINASU participate it does not invalidate them from campaigning for a NO vote later if they feel the process has been manipulated and the product is not representative of what would have come from the thematic committees. The most crucial issues are that the thematic committees be as broad and inclusive as is reasonably possible, that the drafting be done by a constituent assembly or an all stakeholder’s assembly, and that the draft is put forward to a referendum without any amendments.

There is no doubt that the composition of the all stakeholders conference will be subject to debate as well. The political polarisation that is in Zimbabwe has seen a mushrooming of organisations aligned to the major political parties. For ZCTU, there is ZFTU, for ZINASU there is ZICOSU, for NCA there is NDA etc. Does that imply delegates will come from each of the registered organisations in Zimbabwe? What about the unregistered? Critical to the issue is whether the parliamentary committee will nominate delegates from these interest groups or that the interest groups identified will forward their own representatives. Suppose they do, the question will then be whether the delegates have a specific mandate from their general membership to represent their views on the constitution?

An interesting legal challenge rose in Kenya on the legality of the Boumas Conference. The applicants had been left out of the constituent assembly for the drafting of the new constitution. They alleged the process was discriminatory. The court first noted that the constituent power of the people has juridical status, meaning that it could be subject to legal determination because it is a legal concept. Justice Ringera affirmed that the constituent power was primordial.

In his determination on the legality of Boumas he stated that ‘members of a constituent assembly had at least in the majority to be elected to represent their respective people in the business of constitution making….it would be  to turn logic on its head to describe a body largely composed of unelected membership as a representative one’. How many of the proposed delegates to Zimbabwe are all stakeholders conference could claim to have a specific mandate of the people for constitutional making?

The MDC MPs and Senators can claim that one of the campaign issues of the MDC in the last elections was the need for a new constitution. Therefore they have the mandate from their electorate to participate. What then about Zanu Pf which never mentioned constitutional making in its campaigns?

To circumvent legal challenges arising from such scenarios Uganda and to some limited extend Kenya devised an election system for the purpose of electing delegates to the constituent assembly. Thus provinces could be declared electoral colleges and allocated specific seats on the constituent assembly. Whoever wants to be a delegate can campaign and seek the mandate of the people from the provinces.The desired outcome will be to have a constituent assembly that comprise more elected representation than unelected representation.

Lastly am convinced that there is room for flexibility on the issue of voting in the referendum. The 2000 referendum implied that there are only two possible thoughts, a Yes or a No. A Yes or No to the whole document does not capture the whole story. It is cumbersome and expensive but I think voting in parts will ensure that the constitution is scrutinised more and people will be more focused on narrow topics. It also has the advantage of singling out the controversial clauses without overshadowing the whole document. The rejected parts will then be retabled to the all stakeholders’ conference.

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