Allow the People to Decide on the Draft Constitution
There is an overplayed and tired line that the COPAC draft constitution does not reflect the views of the people.
Even assuming for a moment (and that’s being charitable) that this may well be correct, surely it makes sense that the people should be allowed to judge for themselves? Why would anyone want to speak on their behalf when the people are there to give their judgment?
Anyone is free to critically analyse the draft constitution but that does not mean the process should be stopped. There is no legitimate reason why a few men should decide on behalf of a whole nation that the process should collapse before the people themselves have even had the opportunity to make their decision.
If they are genuine then, surely, they would be fighting hard to get the draft to the people so that they can make their decision. They should be focussing on persuading the people why they should vote “No” for the draft in competition with the advocates who will be persuading people to vote “Yes” for the draft.
In my opinion, no one is entitled to think on behalf of the people, let alone decide for them that the current process should collapse.
It is the people who were consulted and it is the people who must decide to vote either “Yes” or “No” for the draft constitution. It is very patronising and condescending on the people of Zimbabwe for a few men to make that decision prematurely and supposedly on behalf of the people. The people have the capacity to make their own decision.
That, after all, is the very purpose of a referendum. It is through that avenue that people can legitimately accept or reject the draft constitution.
If they do not like it, they will vote “No” just like they did in respect of the 2000 Draft Constitution and it will be back to the drawing board.
If they like it, they will vote “Yes” and the country will move into a new constitutional order.
No-one but the people themselves must make that decision.
Drafting a constitution is an iterative process. It is repetitive and at times, tedious. Words will move; they will be changed. Quality assessments are needed to remove inconsistencies and even typographical errors which easily evade the eye. One draft will follow another until the final document is presented to the people.
Of course, time is of the essence, given the call for elections. It is necessary that the current draft be subjected to robust critiques and quality assessments to ensure that it meets high standards.
Another thing that needs to be clarified is that there is no single political party that has greater power than the others in the constitution-making process. All political parties at the negotiating table have equal power. None of them can run roughshod over the others and bulldoze its way. The process is based on agreement between the parties involved.
Finally, it is absolutely vital that any future election is based on a new constitutional order. This is the great fear amongst those opposed to the new constitution because it sets out important reforms in the electoral process – see previous blogs on the right to vote, curbs on executive powers, etc. These electoral reforms, if implemented, would drastically improve the electoral playing field. Some would rather the new constitution fails so that the country resorts to the current order which is heavily compromised and has produced flawed elections in the past. Only unsound minds want to continue with a system that has failed, expecting it to produce different results.
The draft Constitution must be communicated to the people so that when the time to make a decision comes they will be able to make an informed decision not one influenced by a flurry of propaganda, often focussing on peripheral matters and deliberate distortions designed to pull wool over the people’s eyes.
The time will surely come and the people will make their decision, as they must. As music legend Tuku says in a song dedicated to the constitution-making process, “Vane njere dzavainadzo, Vapei mukana wekuronga nekurongonora” (The people have wisdom; allow them a chance to build according to their taste).
waMagaisa
