MDC says new constitution is clear but in bad hands

The Movement for Democratic Change today said the new constitution is very clear but the problem is that it is in bad hands.

It said there was no need to put timelines for amendments of laws inconsistent with the new constitution because these laws fell away automatically the minute the new Constitution came into operation.

In a statement, the party said: “The MDC’s position on the new constitution is that the charter is clear that any law, conduct or practice that is not consistent with it is null and void.

“That means that the inconsistent laws became null and void the very minute that the constitution came into operation. Therefore, those government ministries and departments who are administering old laws that are inconsistent with the constitution are administering illegalities and in most cases are operating illegally.”

It was not clear why the party issued the statement but leading human rights organisation Amnesty International this week called on the government to do away with all laws that were not consistent with the new constitution.

The Zimbabwe African National Union-patriotic Front marked its first 100 days in power since winning the 31 July elections today. The 100 days start on 22 August when President Robert Mugabe was sworn-in.

“The duty of the Constitution drafters is to prescribe what is constitutional and what is not constitutional. It is not to assume the role of Parliament and change the inconsistent laws,” the MDC said

“There was no need to put in place timelines for the amendment of laws inconsistent with the Constitution because these laws fell away automatically the minute the new Constitution came into operation anyway.

“The new Constitution is not vague as some critics say. Contrary it is very clear. Zimbabweans, however, ought to appreciate that the coming into effect of a good Constitution does not guarantee good constitutional practice by the State and its agents. In Zimbabwe, we have a typical situation where a good Constitution is in the bad hands of a ZANU- PF government that is in office illegally.

“The MDC maintains that as long as we have an irresponsible and illegitimate government, our people will not fully enjoy the benefits of this Constitution.

“We must intensify our struggle for the total removal of the ZANU-PF dictatorship.”

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