Constitution suggested by lawyers to be debated by Ministers

SW Radio

By Irene Madongo

09 November 2010

Lawyers in Zimbabwe have unveiled a model constitution on which the Constitutional Parliamentary Select committee (COPAC) can base its own draft. Their model will be debated by key members of the three political parties next week.
The influential Law Society of Zimbabwe has spent more than a year in preparing its draft, a process which involved getting ideas from its members and from the public, and consulting experts both inside and outside the country.

Next week the Law Society will host its summer school program and negotiators from the three political parties will attend and debate its model constitution.
On Tuesday, Law Society President, Josphat Tshuma said: “I can confirm that Minister Chinamasa is going to be in attendance, we will be discussing with him issues of the constitution. He will be in the panel with David Coltart and Eric Matingenga. We also have in attendance Tendai Biti, where we will be debating economic issues, Kasukuwere will also be coming.”

Commentators have pointed that, as it stands, COPAC’s draft constitution will be deeply flawed as outreach meetings were marred by ZANU PF instigated violence and the outcome will be biased in favour of Robert Mugabe’s party.

Another criticism raised against COPAC is that the process asks ordinary people to help draft a constitution, when most of them do not understand the legal framework required. In addition, there is a danger that a “people-driven” constitution could result in mob justice which ignores the interests of minorities.

Tshuma said that the best constitution is one that protects minorities and the vulnerable. He added that their organisation’s model constitution had addressed that problem by proposing a system of proportional representation, which allows different groups to be fairly represented.
The lawyer’s constitution also has a section that enshrines the rule of law in the country. The government’s failure to observe the rule of law in Zimbabwe has led to chaotic developments, such as the farm invasions.
Also included in the document is clause which states that the army, police and intelligence services will be subject to both civilian and parliamentary scrutiny and control. There will be a complaints mechanism for dealing with complaints of misconduct of members of the security services. Several commissions should be set up, it states, including a Truth and Reconciliation body aimed at providing help for victims of past human-rights abuses.