Constitutional Conference
Letter to the the Zimbabwean Independent from David Coltart
6th February 1998
As Zimbabwe absorbs what has happened to its body politic over the last few months it is astonishing that most of us seem to be busy apportioning blame rather than working out solutions to the catastrophe facing our Nation. Professor Hawkins, writing in last week’s Zimbabwe Independent, made the profound, and sadly true, comment that everyone, Government included, is looking to foreign agencies for solutions. It is indeed a distressing feature of our history that we seem incapable of resolving our own problems. Our Nation was born out of the Lancaster House Conference, which was organised by people who were motivated primarily by short term political interests (namely getting shot of an international embarrassment, Rhodesia) and not the long terms interests of Zimbabwe. That Conference resulted in an expedient Constitution and an end to a troublesome colony. The long term consequences of the settlement were not of much concern so long as those consequences could not be blamed on those who brokered the deal. What is now unfolding in Zimbabwe is the consequence of that expedient Constitution and was entirely predictable.
It would require a separate paper to elaborate on the deficiencies of the Lancaster House Constitution and that is not the purpose of this article. Suffice it to say that it has never been “owned†by the people of Zimbabwe because the vast majority never had any say in its design; it was written to end a war and it has enabled the Mugabe regime to grow into the monster it is today. Had the Constitution effectively protected voters in the exercise of their votes, the Mugabe regime would have been forced to be far more accountable and transparent that it is today (or has ever been for that matter). The Constitution did not have the necessary safeguards and as a result Zimbabwe’s entire history has been characterised by what I would term a constitutional farce. Government has been able to perpetuate horrendous atrocities, entrench its own position, crush opposition groups and frustrate democracy “constitutionallyâ€. Many of us who fought for the opposition in 1995 warned that that election was probably the last chance that Zimbabwe had to save democratic practice. Few were naive enough to believe that the opposition would actually win that election; but many of us knew that it was vitally important that a significant number of opposition politicians should take their seats in Parliament so that, firstly, ZANU would be made more accountable and, secondly (and more importantly), so that the voting public could see that there was an alternative, albeit a small and struggling alternative. That did not happen primarily because the Constitution allowed for the electoral process to be abused by those in power.
The riots of last week are a manifestation of the people’s despair; they have lost hope in the democratic system (such as it is). Since 1980 poor people have voted four times believing in the promises of ZANU (PF). The number of believers has dwindled steadily and the ranks of the disillusioned have grown. There is no apparent opposition in waiting and, given President Chiluba’s abuse of power on our doorstep, no trust that any new government will be any different to the Mugabe regime. In fact if anything there is the fear that newcomers, having been off the gravy train for so many years, will rob the Nation’s till even faster than our present kleptomaniacs. To compound the situation or present Constitutional order ensures that their voices cannot be heard through the print and electronic media. In short it is not surprising that the marginalised people of Zimbabwe erupted in the way they did. One can only marvel that they have waited so long and have been so forgiving and patient. It may of course be the case that they would only erupt when their collective anger exceeded their fear. But whatever the reason for the timing of this outpouring of resentment, the root cause is undoubtedly the fact that poor people feel desperate; they feel that the laws and political system of Zimbabwe will not rescue them from their plight.
The obvious solution is to improve the standard of living of all Zimbabweans but with the best economic policies and the best will in the world that will not happen overnight. Even if ZANU (PF) were to wake up, cut government spending and stop plundering it will take months, if not years, to get our economy back on track. And in any event the reality is that ZANU (PF) shows no signs of doing any of this. The introduction of the military is hardly likely to restore public or investor confidence in Government; if anything that is a sign of ZANU (PF)’s alienation from the electorate and of its method of dealing with the legitimate complaints of the people. The array of scapegoats paraded by Government is a further indication that it has no understanding of, or desire to remedy, the fundamental causes of our national crisis. In short, the Zimbabwean public know that the Mugabe regime does not have the answers to their problems and worse still has no real desire to address them squarely.
It is in this context that the Zimbabwean public must be given something positive to focus on. All those who are committed to a vibrant, democratic Zimbabwe must work to prevent our Nation from breaking apart and from becoming another tin pot military regime. If the public are not given a positive focus their negative focus will continue and anarchy will grow. Those who feel they will benefit from a military, or de facto military, regime will relish widespread civil unrest and a breakdown of law and order because that provides the perfect excuse to use the military. As an aside, it is curious that the army was used so quickly last week instead of the Police Support Unit – surely that Unit should have been used first? Perhaps the reason why it wasn’t used is because we have in fact already become a de facto military regime. Be that as it may it is crucial, for our fledgling democracy is to survive, that we do not provide the Mugabe regime the excuse to use the military and to impose a State of Emergency. What is needed now is a mass movement of lawful and peaceful protest focused on an attainable and constructive goal, namely a new Constitution prior to the 2000 election.
There is absolutely no point in holding the 2000 election in terms of the existing Constitution for even if ZANU (PF) is defeated there will be no guarantee that our new masters will be any better. No, what we need is a new Constitution that will ensure that whoever governs next will have to be more accountable, more transparent and less powerful than is presently the case. We will have to ensure that the Constitution ensures that the electoral process is fair, that the Government controlled media is impartial, that whoever aspires to political office must make full disclosure of his or her wealth and interests, that additional watchdogs are established (such as Corruption Conditions) and so on. But is this idea pie in the sky? It is if we think for a moment that the Mugabe regime will go along with it – the regime has already said (understandably) that it quite likes the present Constitution and sees no reason to change it. There is not the slightest chance, barring a miracle, that the regime will go along with the idea of a Constitutional conference. But it is this very notion which could, and should, become the positive focus of our desperate populace. Now is the time for all those who long for genuine democracy to band together, to sit down, to discuss and finally to formulate and adopt a new Constitutional order which we, the people of Zimbabwe, want to guide our Nation into the 21st century. And if ZANU (PF) continues to be obstinate and refuses to amend the Lancaster House Constitution then at least we will have a positive and peaceful goal to focus on.
In doing so, we will prove to ourselves and to the world that we are capable of resolving our own problems. Furthermore, in doing so we will lay the foundations of a new society in which the true economic potential of Zimbabwe can be realised. For without democracy there can never be sustained and meaningful economic growth. Surely the collapse of the “Asian Tigers†– read Asian dictatorships – gives the lie to the quaint theory once espoused by the World Bank that structural adjustment economic reforms were more likely to succeed in authoritarian regimes? Economic liberalisation without political liberalisation is doomed to failure. An open, dynamic society is the sine qua non of a thriving economy and so it is imperative that we succeed for only a new order will deal with the bread and butter issues which caused the mayhem last week. And ultimately we will succeed in our quest for a new, home-grown Constitution, for no government can resist indefinitely the will of its people.
And lest I be accused of being overly optimistic it is just as well to remember that this country has seen some wonderful examples of mass, peaceful protest changing unjust regimes. Last week the United States of America celebrated Martin Luther King Jr. Day, a reminder that his life work and beliefs were not in vain. His words are particularly apposite today:
“When evil men plot, good men must plan. When evil men burn and bomb, good men must build and bind. When evil men shout ugly words of hatred, good men must commit themselves to the glories of love. Where evil men would seek to perpetuate an unjust status quo, good men must seek to bring into being a real order of justice.â€
DAVID COLTART