Speaker Moyo on how the constitutional process was supposed to work

The Speaker of Parliament Lovemore Moyo told diplomats in June 2009 that the constitution making process was on track and should be completed in 18 months but the budget of US$19 million was being reviewed.

It is now 40 months since the formation of the inclusive government but the constitution is not yet ready. The constitution must go for a referendum for approval by the nation.

Reports said the constitution making process had already gobbled US$45 million.

Full cable:

Viewing cable 09HARARE526, HOUSE SPEAKER BRIEFS ON ZIM CONSTITUTIONAL PROCESS

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SUBJECT: HOUSE SPEAKER BRIEFS ON ZIM CONSTITUTIONAL PROCESS

REF: HARARE 525

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SUMMARY

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¶1. (SBU) House of Assembly Speaker Lovemore Moyo briefed

diplomats June 24 on the constitutional process. According

to Moyo, it is on track, as specified in the Global Political

Agreement (GPA), to be completed within 18 months from the

inception of the inclusive government on February 11.

Current budget estimates for the entire process are US$19

million, although this is being reviewed. END SUMMARY.

¶2. (SBU) House of Assembly Speaker Moyo briefed diplomats on

the constitutional process on June 24. He was joined by

Senate President Edna Madzongwe (ZANU-PF) and Douglas

Mwonzora (MDC-T) who chairs the Select Committee on the

Constitution along with Paul Mangwana (ZANU-PF) and David

Coltart (MDC-M).

¶3. (SBU) Moyo told diplomats the constitutional process was

on track. The preparatory phase was now underway. Members

of the Select Committee and staff were visiting the provinces

to identify stakeholders and to identify possible thematic

subcommittees. Preparations would then be made for the first

“All Stakeholders Conference” to be held between July 9 and

July 12 this year. At the Conference, subcommittees would be

constituted.

¶4. (SBU) Between July 13 and November 13, according to Moyo,

a consultative phase would take place in which the

subcommittees would solicit input from citizens around the

country. Also, a coordination structure would be

established. After this phase, each thematic subcommittee,

with the aid of experts, would produce reports and submit

them to a yet-to-be-constituted drafting committee.

¶5. (SBU) Moyo appealed for donor assistance. He said the

draft budget is US$19 million, although the government

ministries (finance and constitutional affairs), which are

responsible for funding the process, were revisiting this

figure. He also noted the government was considering

establishing a trust fund to collect and disburse monies.

¶6. (SBU) Mwonzora insisted the 18-month time frame for the

drafting of a new constitution should not be extended. To do

so would require renegotiating the Global Political Agreement

(GPA) and risk renegotiation of other issues as well.

¶7. (SBU) ZANU-PF and Mugabe have strongly advocated using a

draft developed by Patrick Chinamasa (ZANU-PF), Tendai Biti

(MDC-T) and Welshman Ncube (MDC-M) in 2007 after the

commencement of the SADC mediation process, as the basis of

the new constitution. The 2007 negotiations took place at

Lake Kariba, and the resulting document is referred to as the

Kariba draft. The stated rationale of ZANU-PF and Mugabe for

using the Kariba draft is that it is a known quantity agreed

to by all three parties and its adoption, or a near

facsimile, would simplify and speed the process. The MDC and

civil society have pushed back strongly stating they want a

“people driven” constitution. Mwonzora addressed the

controversial Kariba draft constitution and said it could be

considered, as could any other draft, but should not be a

Qconsidered, as could any other draft, but should not be a

basis of the new constitution. Despite this, elements of

civil society, including Lovemore Madhuku and the influential

National Constitutional Alliance, have refused to accept the

constitutional process outlined in the GPA. They view the

central role of Parliament as inappropriate, even if an

effort is made to solicit public input.

HARARE 00000526 002 OF 002

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COMMENT

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¶8. (SBU) Parliament has been largely inactive and we are not

hopeful it will enact legislative reform measures in the near

term (Ref). The constitutional process is the one area where

Parliament has been engaged, and so far it is adhering to the

timetable set out in the GPA. A new constitution is a

predicate to new elections under the GPA. A valid

constitutional process, however, will require significant

resources (although quite likely not in the amount suggested

by Moyo).

¶9. (SBU) We expect the battle over the Kariba draft to heat

up. ZANU-PF and Mugabe support the Kariba draft because it

is a known quantity and provides for strong executive powers.

Additionally, insisting on the Kariba draft is a way for

Mugabe to derail or slow the constitutional process and to

therefore delay elections. He is in no hurry for elections

which, as things stand now, he and ZANU-PF would almost

certainly lose. END COMMENT.

MCGEE

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