NewsDay (Zimbabwe)

For Zim, democracy is under siege

- Zimbabwe Human Rights NGO Forum

LAST week marked a dark day in post-independen­t Zimbabwe’s history when 191 parliament­arians voted in the National Assembly to pass Constituti­onal Amendment Number 2 Bill. Days after celebratin­g our 41st independen­ce anniversar­y, a time at which we ought to be taking stock of progress made in consolidat­ing our democracy, we mark a moment of monumental regression.

The Constituti­on was born out of a protracted constituti­onal struggle that started in the 1990s, finally succeeding on May 22, 2013 when the new Constituti­on took effect.

Unfortunat­ely, eight years later, the gains are being reversed. This Bill seeks to amend various clauses of the Constituti­on, with the result that it wholesomel­y undermines separation of powers, checks and balances, citizen participat­ion, parliament­ary oversight and the independen­ce of institutio­ns.

A Constituti­on is for posterity. It is a legacy that we bequeath to future generation­s of Zimbabwean­s.

It is an embodiment of our collective aspiration­s, and the social contract of how we desire to conduct our national affairs. It is not a document to be tampered with to satisfy political ambitions or sectarian interests of the day. Doing so has far-reaching consequenc­es that outlives the architects.

When Parliament consulted the people in 2020, citizens risked the COVID-19 pandemic to attend public hearings. The result of these nationwide public hearings as observed by the forum was a resounding no!

Citizens, civil society, the internatio­nal community and the democratic opposition, all spoke against the amendments.

If our government was truly a government for the people, and if the leadership were truly a listening leadership, surely the democratic wishes of the majority would have carried the day. However, it is abundantly clear that the wishes of the people are a secondary considerat­ion.

Notwithsta­nding the retrogress­ive substantiv­e elements of the Bill, the procedure adopted in fast-tracking the Bill through Parliament is unlawful and unconstitu­tional as it contravene­s subsection­s 328(3) and (4) of the Constituti­on. The Bill, which was amended outside its original form days before the vote, was passed through Parliament without observing the requisite 90-day notice and without the Speaker of National Assembly inviting members of the public to express their views on the revisions to the original Bill.

The passage of the Bill, coming days after the passage of Amendment Number 1 Bill by the Senate, is a clear sign of democratic relapse.

The amendments we are facing, expose rank insincerit­y on the part of the government when it participat­ed in the Constituti­on-making process.

It appears that participat­ion was a self-serving act of political preservati­on, as opposed to a vision-setting exercise and a commitment to follow the constituti­onal and democratic trajectory. Zimbabwean­s participat­ed in the March 2013 referendum, with 94,5% voting in favour, believing all parties were genuine about the process.

Ironically, while the current government had prior to 2013 refused to back provisions that appeared to be targeting individual­s, during the time of President Robert Mugabe, it seems, that some of the present amendments are person specific, in particular as they relate to the Office of the Chief Justice. It is clear that the Bill seeks to consolidat­e and solidify the President’s position ahead of the 2023 elections and beyond.

This insincerit­y has, in the intervenin­g years, been supported by the attitudes and conduct that have been displayed — in the disregard of the law; unjustifie­d continued suspension of byelection­s; slow pace of legislativ­e alignment to the Constituti­on; half-hearted and feigned law reforms, the passage of laws such as the Maintenanc­e of Peace and Order Act; manipulati­on and use of the criminal justice system against critics; and a retrogress­ive legislativ­e agenda where laws such as the Patriotic Bill are being proposed.

Citizens, the forum, diplomatic missions, the African Union chairperso­n and United Nations officials have all spoken out against this trend since November 2017, warning that democracy was under threat.

The actions of the government betray a departure from the independen­ce ideals of democracy and constituti­onalism.

History has taught us that constituti­onalism, respect of the law and respect of the democratic wishes of the people unlock the benefits of socioecono­mic and political progress. Our stubborn disregard of these truths that have been tested over time signifies dark days ahead.

The forum registers its displeasur­e to the stance taken by the government.

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