Constitution: It’s not to settle old scores

By Susan Chipanga (27/01/10)

THE constitution-making process is the talk of the town and various interest groups are immersed in lobbying to ensure that their interests are taken on board in this foundational document.

But most crucially, this process is a milestone in the history of our sovereign nation and more than anything, it is an opportunity to free ourselves from the remnants of colonialism by doing away with the 1979 constitution that was negotiated on the eve of the country’s independence at Lancaster House in London.

For this pertinent reason, all Zimbabweans should be alert that they own the process as written in black and white in Article 6 of the Global Political Agreement which acknowledges the right of the people to write their own constitution.

People should never allow to be sidetracked by individuals with their own selfish agendas as their participation in this process is invaluable as they strive to consolidate their freedom and hard-won independence.

For the past 30 years we have strived for political, economic and social independence, but, at the back of everyone’s mind was the unfinished business of total emancipation from our colonisers.

The Lancaster House Constitution was a bridge document which was only meant to grant political independence but it never really fully embraced our aspirations, beliefs and values.

This is the reason that we had to amend it 19 times, including the pivotal Amendment No. 16 that provided for the compulsory acquisition of land for resettlement.

The new constitution should more than anything else be able to address the fundamental issues which formed the core values of the liberation struggle which include sovereignty, land and indigenisation.

In this regard, Zanu-PF national chairman Cde Simon Khaya Moyo recently said: "The final product of the constitution-making process should not lose sight of this (liberation struggle) history but should consolidate these gains."

Our claim of "ownership" of this foundational document taking into account our past and future aspirations should be the decisive factor in the nation’s ability to move forward.

While, all Zimbabweans are excited to be part of this history-making process, people should never lose sight that not all are happy for us for embarking on this critical journey.

The hijacking of the constitution-making process by regime change agents in 1999 is still fresh in our minds thus providing a cautionary tale.

The agents of regime change who for the past 10 years have dogged us with all sorts of devious tactics to achieve their ends could still use some among us to disrupt this noble exercise to our own detriment.

The National Constitution Assembly has already made their intentions known and has indicated they are going to oppose the whole process, which only exposes their mercenary agenda.

They never want the constitution to come to fruition any time soon as they have carved out for themselves lucrative careers by accessing funds from Western donors in the name of fighting for constitutional reforms.

They would want to maintain the status quo and make the right noises while feathering their nests and making endless trips to Western capitals.

The constitution-making process is not the time to yield to agents of regime change.

Vice President Joice Mujuru said as much during the Fifth Zanu-PF National People’s Congress when she warned that agents of regime change might abuse the process to achieve their ends.

She was quoted as saying:"We need to ensure that what the agents of regime change failed to get through the front door, they do not do get through any other opening."

Political parties who are envisaging the new constitution as a means to drive a regime change agenda should be disabused of such notions.

MDC-T, which has in the past 10 years failed to wrestle power from Zanu-PF, is pinning its hopes on a new constitution.

Reports are going around that MDC-T has secured funds from their traditional Western donors to influence the process so as to achieve their regime change agenda.

According to one report, MDC-T recently held a meeting at Harvest House in which it was agreed that these funds should be used to hold workshops and public hearings in each administrative district so as to influence the public to adopt the party’s ideas and opinions with a view of tipping the scale in their favour in the next general elections.

Though, Constitutional and Parliamentary Affairs Minister Eric Matinenga refuted claims of regime change when he said "the constitution is not about displacing people from certain positions or for that matter creating positions for others" the reality on the ground is that MDC-T is viewing the envisaged new constitution as a vehicle for regime change.

The party has been accusing other parties of stalling the constitution-making process because expectations are high within the party that the new constitution is going to usher them into power. Such an approach is dangerous and retrogressive as it will hamper our efforts to craft a constitution that will outlive the politics of the present day. Never should Zimbabweans allow the new constitution be used as a vehicle to settle old scores. The new constitution that is going to ensue from this whole exercise should be able to define us as a people.

People should be reminded that a constitution is more than a supreme law that specifies the institutions of governance, define rights, duties and relationships of the state and citizens it establishes an identity of a nation.

This was reaffirmed by the former Chief Justice of South Africa, Justice Ismail Mohammed (now late), who observed that "the constitution of a nation is not simply a statute which mechanically defines the structure of government and the relations between the government and the governed; it is a mirror of the national soul the identification of the ideals and aspirations of a nation, the articulation of the values binding its people and disciplining its government".

Yes, the new constitution is going to be the heritage that we will leave our children for many generations to come. Indeed, it should be an embodiment of our people’s values, hopes, ideals and aspirations and these are priceless and should never be tampered with.

To that end, Zimbabweans should be commended for taking the initiative of avoiding the fulfilment of the phrase "he who pays the piper plays the tune".

The Government made available US$43 million for the constitution-making process, under this year’s National Budget despite financial constraints.

This should be the beginning of mapping out our own destiny which President Mugabe is constantly reiterating that an independent Zimbabwe should have its destiny in the hands of its citizens, the very reason that many men and women took up arms to fight for and paid for with their blood.

Thus, we could not expect to get funding from the very same people who have been calling for regime change and still own an independent process and a people-driven process that shuns interference and pursuance of neo-colonialist agendas. In the words of Cde Simon Khaya Moyo "the final contribution must of necessity, be people-centred for the sake of present and future generations".

As people converge in various places to make their voices heard, they should never let themselves be bulldozed by people with their own agendas. They have the power to shape their own destiny in their own hands.