National Constitutional Assembly leader Lovemore Madhuku was against the composition of the Parliamentary Select Committee on the Constitution when it was set up in 2009 because he argued it was parliament driven and not people driven.
Constitutional Affairs Minister Eric Matinenga, however, argued that the process was in fact people driven because the Members of Parliament were elected officials.
Matinenga also said the chairs of the two All-Stakeholders Conferences that would be held as part of the constitution-making process would be representatives of civil society.
Full cable:
Viewing cable 09HARARE323, ZIMBABWEAN CONSTITUTIONAL PROCESS KICKS OFF
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Reference ID |
Created |
Classification |
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VZCZCXRO2382
OO RUEHBZ RUEHDU RUEHMR RUEHRN
DE RUEHSB #0323/01 1070933
ZNY CCCCC ZZH
O 170933Z APR 09 ZDK
FM AMEMBASSY HARARE
TO RUEHC/SECSTATE WASHDC IMMEDIATE 4386
INFO RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE
RUEHAR/AMEMBASSY ACCRA 2779
RUEHDS/AMEMBASSY ADDIS ABABA 2900
RUEHRL/AMEMBASSY BERLIN 1345
RUEHBY/AMEMBASSY CANBERRA 2165
RUEHDK/AMEMBASSY DAKAR 2530
RUEHKM/AMEMBASSY KAMPALA 2948
RUEHNR/AMEMBASSY NAIROBI 5389
RUEAIIA/CIA WASHDC
RUZEJAA/JAC MOLESWORTH RAF MOLESWORTH UK
RHMFISS/EUCOM POLAD VAIHINGEN GE
RHEFDIA/DIA WASHDC
RUEHGV/USMISSION GENEVA 2067
RHEHAAA/NSC WASHDC
C O N F I D E N T I A L SECTION 01 OF 03 HARARE 000323
SIPDIS
AF/S FOR B. WALCH
DRL FOR N. WILETT
ADDIS ABABA FOR USAU
ADDIS ABABA FOR ACSS
STATE PASS TO USAID FOR J. HARMON AND L. DOBBINS
STATE PASS TO NSC FOR SENIOR AFRICA DIRECTOR MICHELLE GAVIN
E.O. 12958: DECL: 04/17/2019
SUBJECT: ZIMBABWEAN CONSTITUTIONAL PROCESS KICKS OFF
REF: HARARE 264
Classified By: Ambassador James D. McGee for reason 1.4 (b) and (d)
——-
SUMMARY
——-
¶1. (SBU) The Speaker of the House of Assembly announced on
April 12 the formation of a Parliamentary Select Committee
charged with directing the process to form a new Zimbabwean
constitution. The membership of the committee is divided on
a proportional basis between the three political parties. A
chairperson to head the committee has still not been chosen,
and the decision to select either an independent chair or an
MP has been referred to party principals. Civil society
groups quickly came out in opposition to the constitutional
process, charging that they are not being adequately
represented. END SUMMARY.
——————————————— –
Parliament Meets First Constitutional Deadline
——————————————— –
¶2. (SBU) On April 12, the Speaker of the House of Assembly,
Lovemore Moyo, announced the formation of the Parliamentary
Select Committee for a New Constitution (PSCC). The PSCC is
a 25-member body composed of MPs from all three political
parties seated in Parliament. Party representation on the
PSCC is roughly proportional to the seats held by each party
in Parliament.
Membership is as follows:
ZANU-PF (11)
House of Assembly (7): Flora Buka; Walter Chidakwa; Edward
Chindori-Chininga; Joram Gumbo; Martin Khumalo; Paul
Mangwana; Olivia Muchena
Senate (4): Fortune Charumbira (President of Council of
Chiefs); Tambudzai Mahdi; Thokozani Mathuthu; Monica
Mutsvangwa
MDC-T (11)
House of Assembly (7): Amos Chibaya; Ian Kay; Cephas
Makuyana; Evelyn Masaiti; Editor Matamisa; Douglas Mwonzora;
Brian Tshuma
Senate (4): Gift Chimanikire; Gladys Dube; Jessie Majome;
Jabulani Ndlovu
MDC-M (3)
House of Assembly (1): Edward Mkhosi
Senate (2): David Coltart; Dalumuzi Khmalo
¶3. (SBU) According to the Inter-Party Political Agreement
(IPA) signed last September, the PSCC is responsible for
directing the process of forming a new national Zimbabwean
constitution. This will include setting up sub-committees
charged with focusing on specific aspects of the
constitution, holding public hearings on constitutional
issues, convening an “All Stakeholders Conference” (ASC) to
gain widespread buy-in, preparing a constitutional draft
document, and making progress reports to Parliament.
—————————-
The Constitutional Timetable
—————————-
¶4. (SBU) The IPA laid out a very specific timetable that
HARARE 00000323 002 OF 003
culminates in a new constitution approximately a year and a
half after the formation of an inclusive government. The
PSCC formation came just a day before the April 13 deadline
imposed by the IPA. The next deadline will be the holding of
a first ASC by July 13, 2009. This is followed by up to four
months of public consultation, before a first draft is
presented to a second ASC no later than February 13, 2010.
If the process continues on course, a new constitution will
be brought to Parliament for a vote by October 13, 2010.
————————
Who Will Chair the PSCC?
————————
¶5. (SBU) A PSCC chairperson has still not been selected, and
the final decision has been referred to the party principals:
President Mugabe, Prime Minister Tsvangirai, and Deputy Prime
Minister Mutambara. Seaker Moyo and the MDC members of
Parliament have supported nominating an independent candidate
for the seat; a retired judge has been rumored to be the
MDC’s preferred candidate. ZANU-PF MPs oppose this
proposition and argue that in keeping with parliamentary
rules and Constitutional Amendment 19, an MP must fill the
seat. The MDC has countered that Parliamentary rules can be
suspended and altered, as occurred when both the HOA and
Senate suspended rules in February and March to allow for
expedited passage of Amendment 19 and the National Security
Bill.
————————————-
Civil Society Comes Out in Opposition
————————————-
¶6. (SBU) On April 15, a coalition of civil society groups
led by the National Constitutional Assembly (NCA) and backed
by the Zimbabwe Congress of Trade Unions, women’s
organizations, churches, and student groups vowed to oppose
the constitutional process. Lovemore Madhuku, president of
the NCA, said that the constitutional process is “parliament
driven and we reject it… we are campaigning for a no vote
because we believe the process is defective and not people
driven.” Madhuku objects to the PSCC’s wholly
parliamentarian membership, the use of the September 2007
Kariba draft constitution as a basis document, and sequencing
that allows Parliament to debate and amend a draft after
public consultation and the two ASCs have been completed.
(NOTE: The Kariba draft constitution was negotiated in 2007
at the start of the SADC process by Patrick Chinamasa and
Nicholas Goche, representing ZANU-PF, and Tendai Biti and
Welshman Ncube, representing the two MDC factions. END NOTE.)
¶7. (SBU) The Minister of Constitutional and Parliamentary
Affairs, Eric Matinenga (MDC-T), criticized Madhuku’s
position and argued that the process is in fact people driven
by virtue that the MPs are elected officials. He also stated
that the chairs of the two ASCs would be representatives of
civil society. He dismissed the notion that the Kariba draft
would form the starting point of the draft process; it would
Qwould form the starting point of the draft process; it would
serve only as a reference document.
——-
COMMENT
——-
¶8. (C) In keeping with Speaker Moyo’s priorities (reftel),
Parliament is moving forward with the constitutional process.
The MDC views a new constitution as a mechanism that will
allow them to enact broad political and legislative reforms
and prevent future abuses of government authority. Meeting
this first deadline was an important, but relatively
straight-forward first step. The inability to select a chair
HARARE 00000323 003 OF 003
is somewhat worrisome though, as far greater battles loom
once debate begins on constitutional issues of substance such
as land reform, media freedoms, human rights, and limits on
executive authority. END COMMENT.
MCGEE
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