Constitution Workshop Report (031009)

WORKSHOP ON THE MAKUNG OF THE CONSTITUTION

DATE: O3 OCTOBER 2009
VENUE: BRETRHEN IN CHRIST CHURCH LOBENGULA (BICC)

Facilitators
1. Ms Jane Willams: Woman of Zimbabwe Rise (WOZA)
2. Mr L. Madhuku: National Constitutional Assembly (NCA)
3. Mr Clever Bere: Zimbabwe National Students Association (ZINASU)
4. Lawyer Effie Ncube: For the National Association of Non-Governmental Organisations (NANGO)
5. Mr D. Dabengwa: Constitution making and parties outside the GPA.
6. Pastor Motsi; Church representative
7. Pastor H.Ndlovu: Facilitator
8. Mr Usani Sibanda: Director Christian Alliance (CA)

This was not a political rally but a workshop to do with the making of the constitution, which affects every Zimbabwean whatever race, colour, tribe or creed.

PRESENT
Dignitaries from different interest groups, pastors from various other churches and Brethren in Christ Church, media people for BICC Lobengula, youths from BICC Pumula and BICC Lobengula and ushers. One hundred and eleven people attended the workshop.

Opening prayer with Mrs Siziba at 13.50 hrs

Welcome Speech – Pastor H. Ndlovu

- Rev Albert Ndlovu, our Snr Pastor & Father
- Other Pastors here present
-Jenni Williums, Dr Lovemore Madhuku, Mr Clever Bere, Mr Effie Ncube, Commrade Dumiso Dabengwa, Mr Useni Sibanda
- Other leaders,
- Distinguished guests, brethren, ladies and gentleman
I would like to welcome you all and thank you for taking your time to come and be part of this Constitution Workshop.
It is with great prestige and honor for me to stand here today in this historic event in our church and community.
-Many people have been saying to me that I have become political, some have been saying they can’t attend this workshop because its about politics and some were saying they are afraid of the Riot police.
-I would our people released their responsibility as citizens of this nation to determine their destiny and what happens in this country.
-It is our responsibility and right to be involved in the constitution making process of this country, it is not for politicians but Zimbabweans!

1. Jane Williams (Chairperson WOZA)

She stated that WOZA is a social organisation and not a political party. They stand for the rights of women and want recognition for women who are treated as second-class citizens. They honour women as they have the biggest burden of raising families. The police and the judiciary have subjected WOZA to violence and injustice but they do not regard themselves as victims but as survivors. They are not a feminist organisation but they want to foster the respect of people and as a result, they have in their ranks men of the organisation called Men of Zimbabwe Arise (MOZA). WOZA is concerned with what they call bread and butter issues and the dignity they expect to be engendered in the constitution for women.
They are concerned that the constitution if done in current manner, people will not have what they call the ‘minimum standard’ being met. They believe also in the need for a free press and the de-politicisation of the police force, which means the resignation of the current leadership of the police. WOZA also advocates for the separation of power and the independence of the judiciary. They also advocate for the reduction in the years of one who occupies the office of the president to sixty-five years and also they say the issue of dual citizenship needs to be looked into as it is a legacy of colonialism where part of southern Africa was one huge federation. Above all, there is need for the guarantee of basic rights such as health, education, and shelter etcetera. WOZA also is looking for rights of those viewed as minority and they advocate for the de-politicisation of the constitution writing process.

2. L. Madhuku (Chairperson NCA)

Present with him where:
Alois Dzvairo – National Youth Chairperson
Allan Tshuma – office of the NCA
Mr Moyo – Chairman for Bulawayo

Mr Madhuku looked at the flows of the constitution making process where he said that the constitution is meant to be a process that is done for the people for the people. He said this required people to say out their views unlike the process through which the process is being conducted where politicians are the ones undertaking the process and the NCA says that an independent body should be set up to do the writing of the constitution. He also spelt out the composition of the parliamentary committee called the management committee which responsible for larger committee set up by parliament to carry out the consultative work. It is as follows:
1. Mr Patrick Chinamasa MP
2. Mr Tendai Biti MP
3. Prof Welshman Ncube MP
From the above list and that the so called management committee (made of lead negotiators of the GPA) is also of politicians, it becomes obvious why the process is said to be flowed. The parliament will report to the three GPD negotiators who will in turn report to the three principals, Robert Mugabe, Morgan Tsvangirai & Arthur Mutambara. The NCA say they cannot stop what they call a flowed process but they believe it will stop on its own. This, the NCA say, is because the committee responsible has already lost three months and only one month is left and they have not done ‘anything’. The NCA say they can only help by giving people information on the process and what can be done, but no stop it. Mr Madhuku went on to explain the document known as the Kariba Draft which he said was a document already written and published. It was done on the 30th of September and is signed by the three principals and it favours current president Mr Robert Mugabe.

Flaws
1. Controlled by politicians
2. Already drafted without participation of civic society
Therefore if Zimbabweans accept a compromised constitution and vote for it, the NCA say ‘it will be disaster’.

3. C. Bere


Mr Bere supported the stance of the NCA in demanding an independent body to lead the constitutional writing process. He emphasised that the process is as important as the product itself. As Mr Bere was looking and the shortcomings of the Kariba draft and the Lancaster House constitution, he looked at the flaws of these documents and said the NCA does no want to write a constitution, but wants to see a people driven constitution. Mr Bere said the bone of contention was the handing of responsibility of this process in the hands of the people who governed and not those to be governed. He commended the youths who attended the workshop and urged youths to bring about positive change in the country and not to be used as weapons for the destruction of the country by political parties.

4 E. Ncube

Mr Ncube spoke about the draconian legislation, the Access to Information and Protection to Privacy Act (AIPPA) which he said was hindering the free flow of information as the law is consistent with running a dictatorship and hence protecting ZANU PF and the president. He noted that Zimbabwe has the highest number of satellite dishes the world over because people are not given media choice. Mr Moyo said the constitution was meant to ensure the protection of people’s rights. The struggle for this, he said stopped when people thought of AIPPA as a ‘good’ law. Mr Ncube said currently the press was controlled by one man and one party and hence it compromises even the important debate of the constitution. He said the state cannot be a free state without a free media. The media plays an important role in the development of the country. The media must ensure that the constitution considers the independence of the media from political parties and politics.
Mr Ncube went on to talk of the marginalisation of the so-called minority groups as Zimbabwe is a multi-cultural and multi lingual state and the media has to play the important role of ensuring the development and preservation of the language as a heritage. He spoke also of freeing the media so as to allow it to report on the violation of human rights and he said Zimbabwe needed that kind of society. He spoke also of the devolution of power.

5. D. Dabengwa

Mr Dabengwa said that he was not speaking on behalf of any political parties but rather he would look at the constitution in general and the effects on the general public. He also spoke about the need for the ‘new’ constitution to come up with the devolution of power. He urged that a constitution with flaws must not be allowed to pass through. He also urged the youth to be in the forefront of the war of positivism in the country because he (Dabengwa) and his contemporaries had done their part and even what they are doing now they are doing for the coming generations. He said unlike the manner in which the country’s constitution was being amended any such amendments should be done not for individual or political party interest, but rather in line with the need of the country.

6. Questions And Answers

1. Why should we go the NCA way in drafting the constitution? Who are the people?
2. What is this so called MDC draft constitution and what impact significance will it or does it have in the new constitution making?
3. Is it true that Zanu Pf is preparing to amend the current Lancaster house constitution again?
4. South African constitution was enacted in 1996 and has been amended at least 12 times, what is wrong with ours having been amended 19 times from 1980. Why should there so many amendments?
5. The USA constitution is not as detailed as ours, Botswana or South African one, United Kingdom does not have a written constitution, why is it necessary to have one?
6. Why is the MDCT backtracking from the Kariba draft in which they are a signatory?
7. Botswana & USA have minimum age of 35 for office of president, ours is 40, why can’t change?
8. What is devolution of power?
9. Is the NCA truly a non political organisation? This is because some individuals that were once its leaders or members are now politicians, e.g. the now Prime Minister Morgan Tvsangirai.


7. Rev Motsi on behalf of Reverent Albert Ndlovu

He commended BICC for being the only church to initiate a workshop of the nature done, that spoke about constitutional issues. He said the church needed to be involved in a process as important as the one that was done at BICC. Rev Motsi spoke about constitutionalism and constitution making process where he said constitutionalism was difficult in Zimbabwe and that the constitution making process was even more difficult. He urged people generally that they should be seen to be participating in issues that affect them in their day to day activities.

8. Mr U. Sibanda

Mr Sibanda spoke about how Christians could not keep away form issues of governance as they are the people of God and they need to tell the politicians how they want to be governed. He therefore urge more participation for Christians on issues of national interest as these are the people who know the godly way through which government should rule over nations.

Rev M. Ndlovu then gave a vote of thanks and prayed ending the workshop.