COPAC’s
constitutional reform by disputed mathematical reports.
By
Takura Zhangazha*
The political parties in the inclusive
government are generally not known to be scientific or mathematical in their approach
to our national politics. Except of late when it comes to the constitutional reform
process that is being controversially led by the Parliamentary Select Committee
on constitutional reform (COPAC).
On Friday 23 December 2011,
the same committee issued what has turned out to be a disputed national report
on its findings. In this now disputed report, there are percentage figures that
are given on various ‘thematic issues’ based on what are assumedly the findings
of the donor driven and politically partisan constitutional outreach process.
This is done by explaining the
percentage number of people that agreed to a specific constitutional theme such
as whether government executive authority should be vested in the presidency or
the prime minister’s office. In this there is the very technical assumption of ‘let
the mathematics do the politics’. By dint of the same, this would also mean
that we have entered the somewhat unforeseen political phase of the inclusive government’s ‘constitutional reform by mathematics’. Or to
borrow an American phrase, a ‘do the
math’ narrative of constitution making.
As expected the MDC-T has disputed
the veracity of the ‘math’ as presented in the report. In a statement issued
just after Christmas, the MDC T strongly refuted the report and stated that it is not privy to it as a member
of COPAC. (The other MDC has via its representative indicated that it to has
problems with the report). This essentially means that whoever drafted the report
probably has to re-argue the veracity of the same to a now clearly divided
COPAC leadership.
Also not to be outdone is the
leader of the Zimbabwe National War Veterans Association, Mr. Jabulani Sibanda
who has all of a sudden come out shooting from the hip accusing the COPAC
drafters of refusing to record what he considers the correct views of the ‘people’.
This is to be expected, probably not only from the war veterans but even among the
members of COPAC and the GPA principals themselves.
Because some people are
curious at the actual contents of the report it would be necessary to outline
some of its ‘findings’ in relation to their political import. The report has
various thematic areas that it covers by percentage of people in support of a
specific clause or item in the constitution. The most politically significant items
include that of the claim in the report that close to 80 % of the respondents
desire the retention of the executive presidency with the same sort of figure
appearing in relation to issues of elections of the president and his/her
powers. Approval of having a prime minister is low as it hovers around the
20-30 percentage range in relation to the post as well as its potential powers.
Another clearly politically
controversial finding is that which relates to transitional mechanisms in
government in the event that a president is incapacitated. Close to 50% of
respondents indicated that they would prefer the Vice President to take over,
an issue which might be deemed to fit into the problematic succession issue for
Zanu Pf.
Other clauses that are significant
to measure in the report include the thematic area on land that gives a figure
of 63% saying that land reform is now irreversible and another figure of 71 %
saying that there should be 99 year leases for landowners and not title deeds.
In this, the argument is that the state should own all land that was taken
under the land reform programme (73%).
In relation to elections there
is a surprising 61 % that would like for there to be a ‘hybrid’ system of ‘first
past the post’ and ‘proportional representation’. That is an issue that would
most likely lead to a lot of political contestation and politics by literal
mathematics in how parliament will be constituted if it is allowed to pass. Another
contentious element of the report is that which states that 52% of respondents
rejected dual citizenship, an issue that will have a bearing on the Diaspora which
has been clamouring for it to become a reality.
There are many other elements
in the report that remain controversial but the key political ones are the ones
I have attempted to outline above. One would need to separately deal with issues of women, youth and the bill of
rights in a different article in order to do justice to them.
This initial analysis of the
disputed COPAC report however indicates that its main ‘results’ retain the
current executive authority in the presidency an issue which fits in snugly with
what are broader Zanu Pf policies, succession challenges and objectives in their
current form. These include matters such as the irreversibility of the land
reform programme, the rejection of dual citizenship, the maintenance of the
same sort of powers for the president
and the introduction of an electorally convenient ‘hybrid system’ of first past
the pot and proportional representation.
And this is probably why the
MDCs are disputing this report. It barely takes into account their own policy perspectives.
As a result and once again the country’s citizens will watch from the sidelines
as the political parties and their principals slug it out as though this were a
high school debate, and not a national political process.
Ends//
*Takura Zhangazha writes in his personal
capacity and this article first appeared on http://takura-zhangazha.blogspot.com/.
Please acknowledge this.
Thanks for the informing observations. It shows you are a political scientist. I have also followed the debate after the publication of the report. However, the other thing I have realised is that Zanu PF coached its supporters, it modelled everything around the talking points. I highlighted this issue some time ago but no one took it seriously. Unlike in 2000, Zanu PF took the outreach so seriously while other political parties were somehow stuttering. The result has been wht we are seeing. While the document has been described as fake, I was not convinced by some of the reasons, such as absence of signatures.My reading is that the release of the 'report' could have been preemptive. The question is why this was done. Another question is: Is it true that the report was distributed toCOPAC members? Another question: What is COPAC's position? We know what MDC-T said. Whatever we have a serious problem.
ReplyDeleteThanks for the comments Matigari, interesting observations. I wonder what the preemptive intention of the release of the document would have been. I sort of hint atthe fact ahtt it is in tandem with Zanu Pf's policy positions on a number of key issues. Indeed we have a serious problem. Again.
ReplyDeleteMDC must be very careful. They may as well be politically dribbled.
ReplyDeleteCde Earnest,I think its not so much the MDCs that will be dribbled but the people of Zimbabwe.By the inclusive government.
ReplyDeletethanks for the analysis and here again we have a checkmate...zanu pf mobilised to get its positions, flawed as they are whilst the mdc'd dilly dallied. and probably the most difficult question for the mdc's, and by extension other citizens is 'to support or to oppose the document' that is the 2012 question!!!
ReplyDeleteI have a strong feeling that ZANU PF and its allies in government are 'rushing to the bottom'. This whole process is heading towards retrieving the ill-fated Kariba Draft which is their closest constitution making common denominator... this time they will quietly do it. This is the only document in which the political parties are in agreement
ReplyDeleteThanks for the comments Gift and Rebel's world. Much appreciated. Rebel's world, so all the outreach was a show? Gift, which document? Kariba 1 or Kariba 2?
ReplyDelete