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NATIONAL ASSEMBLY HANSARD 6 FEBRUARY 2013 VOL. 39 NO. 7

PARLIAMENT OF ZIMBABWE

Tuesday, 6^th February, 2013.

The House of Assembly met at a Quarter-past Two O’clock p.m.

PRAYERS

(MR SPEAKER in the Chair)

ANNOUNCEMENT BY THE SPEAKER

DEBATE ON COPAC REPORT

1. SPEAKER: I would like to remind hon. members that the motion under debate is on the Report of the Constitution Parliamentary select Committee on the Progress and outcome of the Constitution Making Process and not on the accompanying COPAC final Draft

Constitution which is only for noting.  Debate on the motion on the

COPAC Report should be strictly confined to the provisions of the

COPAC Report itself and not contents of the final draft Constitution.  Debate on the contents of the draft final Constitution will only be permitted during the Second Reading and Committee Stages of the Constitution Bill once it is introduced in Parliament after the

Referendum.  I therefore, urge hon. members to confine their debate on the COPAC Report.

MOTION

BUSINESS OF THE HOUSE

                                THE MINISTER OF CONSTITUTIONAL AND

PARLIAMENTARY AFFAIRS: Mr. Speaker Sir, with your leave,

may I request that question time, both with and without notice, be suspended until Order Number 1 on today’s notice of motion has been dealt with.

Motion put and agreed to.

MOTION

COPAC REPORT

MR MWONZORA: I move the motion standing in my name that

this House:

COGNISANT of the fact that Article 6 of the Global Political Agreement provides that there shall be set up a Select Committee of Parliament to spearhead the drafting of a people driven Constitution of Zimbabwe.

ACKNOWLEDGING that the Committee on Standing Rules and

Orders on the 12^th of April, 2009 did set up a Committee known as the

Constitutional Parliamentary Select Committee (COPAC);

REALISNG that the said Committee did undertake and complete drafting the new Constitution of Zimbabwe as provided for in terms of article 6 of the Global Political Agreement;

MINDFUL of the fact that Article 6 of the Global Political

Agreement further provides that COPAC must table the Report and draft

Constitution of Zimbabwe before the Hon. House;

NOW THEREFORE, Adopts the Report of the Constitution making process and;

FURTHER NOTES the draft Constitution of Zimbabwe tablked

before it.

MR MANGWANA: I second.

1.     MWONZORA: Thank you Mr. Speaker Sir.  The draft

Constitution before the House is a product of two important processes. The first process is the process of the outreach in which we asked the people of Zimbabwe to give their views on what they wanted on the draft Constitution. The second process were the key negotiations that were carried on this draft Constitution, among the representatives of the political parties in the Inclusive Government.

My colleagues here, Hon. Mangwana and Hon. Mkhosi are going to touch in detail the issues relating to the process by which we came to this product.  Without inviting debate on the content of the Constitution, we think it is necessary that we just, in the process of tabling this draft Constitution, alert the hon. members as to the key provisions of the Constitution.  This enables them to direct themselves to some key areas when going through this Constitution.

Mr. Speaker Sir, our Constitution is divided into 18 Chapters.  Before we go to Chapter One, we have a Preamble.  In this Preamble, we celebrate how Zimbabwe came into being.  We talk about the heroes and the heroines of the liberation struggles, including the second struggle that is the Second Chimurenga.  We also talk of the need to entrench democracy, good governance and the rule of law.  We commit the Constitution to the respect of God Almighty.

In Chapter One, we have the founding provisions. In these founding provisions, we talk of what is Zimbabwe.  Zimbabwe is a unitary democratic and sovereign state.  We emphasise this because Zimbabwe is one indivisible republic.  Further, under this Chapter, we talk about the supremacy of the Constitution, that this Constitution is the supreme law of the Republic and any law or conduct inconsistent with the Constitution is to the extent of the inconsistence null and void.

The founding value upon which Zimbabwe is founded include the following, the supremacy of the Constitution, the rule of law, fundamental human rights, the nation’s diverse cultures, religions and traditional values, recognition of the inherent, dignity and worth of each human being, recognition of equality of all human beings and importantly in my view gender equality, good governance and recognition and respect of the liberation struggle.

We have in this Constitution used the term liberation struggle as opposed to the war of liberation advisadly.  The war of liberation in our view started after the struggle.  The struggle involves struggles by such people like Benjamin Burombo, the early nationalist struggles before the actual war commenced.  That is why you see we talk of liberation struggle; because the liberation struggle is wider as it encapsulates it talks of those early struggles and the actual war itself.

Mr. Speaker Sir, Zimbabwe shall have a national anthem, a flag, a public seal and a court of arms and there shall be tiers of Government in Zimbabwe. The national tier the provincial and metropolitan councils as well as local authorities. Unlike the previous Constitution, under this

Constitution, all the indigenous languages of Zimbabwe are officially recognized.  Every language is as important as the other.  There is no dominating language.

We realise that it is important for everyone in our country to be aware of the provisions of the Constitution and this includes our armed forces, our students and the general populace.  For that reason we have said the Constitution must be taught in schools as part of the curricular, for training for members of the security forces, the civil service and members and employees of public institutions.  Why we have done this is because we want these people to be aware of the rights of the people they serve. We have said that they must be constitutional awareness.

Everybody has a duty to make everybody aware of the Constitution.

Like they say in ZANU PF, ‘Iwe neni tine basa’ – [HON. MEMBERS:

Laughter]-.

For that reason, there is a provision which will be apparent on page 23 of the Constitution, encouraging all persons and organisations, including civic organisations, to disseminate awareness and knowledge of the Constitution throughout society. So everybody has a role to play

in disseminating the Constitution. Chapter 2 deals with the national objectives. This is what we strive to be. We are, at this moment in time, not to as rich as we want to be. Therefore, we have dreams that we may not fulfill today but which we dream of, things which we look forward

to.

Our national objectives are good governance, national unity, peace and stability, fostering fundamental human rights and freedoms, good and sound foreign policies, national development, empowerment and employment creation, food security, culture, gender balance once more, fair regional representation, the rights of children, the rights of youths, and the rights of the elderly. This is the first time in the history of this country where the rights of the elderly are being enshrined in the national law.

The rights of persons living with disabilities, again this is the first time that we are coming with this in the Constitution. The rights of the veterans of the liberation struggle, work and labour relations, good labour relations. We must have sound labour relations in this country.

The right to collective bargaining, the right to fair wages, the right to fair labour standards so that our workers are well treated. Protection of the family is another objective. Then marriage, education, shelter, health services, social welfare, legal aid, sporting and recreational facilities.

Now Mr. Speaker Sir, most people may look at sport as a luxury, it is no longer a luxury in the contemporary world. It is a key aspect of the life of the nation. On the preservation of traditional knowledge and allow me Mr. Speaker to read, ‘The State must take measures to preserve, protect and promote indigenous knowledge systems including knowledge of medicine  and other properties of animal and plant life possessed by the local community.

Now, the knowledge that our people have, the traditional knowledge our people have must be preserved and protected. They are only preservable and protectable if they are possessed by the indigenous people. We are saying this because a foreigner may actually possess more knowledge about our plants than a Zimbabwean. Therefore, if we protect them we are protecting them from ourselves instead of protecting ourselves from them. Here we are inward looking in this provision. We protect the knowledge systems of our people.

Chapter Three, it deals with citizenship. The most important thing is that we have categorised citizenship. They are citizens by birth, registration and dissent. A different set of legal rights flow from the designation of the citizenship. Importantly, every Zimbabwean citizen has equal rights. There is no citizen with more rights than others. We established a Citizenship Board and powers of Parliament regarding citizenship.

Mr. Speaker Sir, citizenship by birth is protected 100%. No person can lose citizenship by birth under any circumstances. This is because if

I am born in Zimbabwe, Chivi in the case of my friend Hon. Mangwana, Mberengwa like Hon. Gumbo or if you are lucky to be born in Nyanga like Hon. Nyanhongo and myself, nothing must change that fact.  You cannot have your citizenship taken away from under any circumstances you if you are born in this country. What that means is that the so-called dual citizenship is allowed for citizens by birth.

Regarding citizenship by dissent and by registration, then an Act of Parliament may prohibit certain rights on those citizens. Importantly, in

Section 43, we deal with the people who are called aliens in this country. These are people of Malawian, Zambian and Mozambican origin or parentage. They pay tax in this country, they have all the obligations in this country but when it comes to voting we then say they are aliens. Under this Constitution we have said, every person who was born in Zimbabwe before the effective date is a Zimbabwean by birth, if one or both his parents was a citizen of a country which became a member of the SADC established by a treaty signed in Windhoek, Namibia on 17 August, 1992. He or she is ordinarily resident in Zimbabwe. This does away with the injustice that was happening in our society.

Mr. Speaker, I can say with authority that under this Constitution we have the most comprehensive Bill of Rights on the African continent, if not in the whole world. This is because we have protected in the Bill of Rights,  both what they call the first generation rights, the ordinary rights like the right to life, the freedom of association, and the socioeconomic rights including the right to education and so on. Under the right to life the death penalty is only returnable only under certain circumstances.

We have the right to personal liberty, rights of arrested and detained persons. Then, a right to human dignity, personal security, freedom from torture, slavery, inhuman and degrading treatment, equality from discrimination. Mr. Speaker, if I may deal on the discrimination clause. We say in this Constitution, no person must be treated in an unfairly discriminatory manner on the grounds of nationality, race, colour, tribe, place of origin, ethnic and social origin, language, class, religious belief, political affiliation, opinion, custom, culture, sex, gender, marital status, age, pregnancy, disability or economic or social status, whether they were born in or out of wedlock.

The last one deals with people not being discriminated on the basis that they are not what some people call legitimate or illegitimate children. A child is a child. Then freedom of conscience, freedom of expression and the freedom of the media is now in our Constitution, language and culture, trade and profession. People have freedom to choose a profession or a trade.

On Labour Rights, we have the fundamental rights of the workers, the rights to engage in collective bargaining, the rights to organise, the rights to form and join trade unions and Federation of Trade Unions and so on. Here we say men and women have equal rights and the right  equal remuneration at work. It is not enough to simply say women have the same rights as men. They have the right to equal remuneration at work. We also have Freedom of Movement under Political Rights, again we are talking of the rights to join any political party of choice and to participate in the activities of that political party.

The Right to Administrative Justice, this touches on all administrative organs. We are saying every person has a right to administrative justice. Whenever an administrative decision is taken against a person, they are entitled to be given reasons for that action and preferably written reasons. These reasons must be given promptly. We see this at work, in political parties and other organisations.

Under Section 71, we deal with property in general that everybody has the right to property and they have a right against deprivation of that property. Whether whereby it is land or buildings or even movable property, it is protected. Under Section 72, we deal with agricultural land and we define it as generally the land that we use for our agriculture with the exception of communal land. We deal with acquire of land. How do we do acquisition of land? What type of compensation is paid for which type of land?  We were trying to be as truthful as possible to what was happening or what has happened in Zimbabwe, with regards to the issue of the land reform and so on. In our view we were trying to make sure that everything happens as justly and as regularly as possible so that people affected know their rights and obligations.

Right to Education, again Mr.  Speaker Sir, is a novel right in our Constitution. We are saying everybody in Zimbabwe has a right to basic state funded education including adult basic education. Basic education is a fundamental human right and we have entrenched it in the Constitution. We also talk of further education for our young people in universities and colleges. They are entitled to state support.

Right to Water and Right to Health Care, are also in the Bill of Rights.

Now, there are certain circumstances under which a State or a Government may derogate from the rights. That is where it can go against the rights given here. We have sought to restrict that and said that these rights can only be abrogated in terms of a Law of General Application. If you are abrogating that right, that abrogation must be reasonably justifiable in a society based on democracy, openness, justice fairness equality and freedom so that administrative organs may be accordingly directed as far as people’s rights are concerned.

We also talk of limitation of rights during State of Emergency and we provide for certain rights that are untouchable even in State of Emergency. You cannot subject somebody to inhuman and degrading treatment and argue that it is a State of Emergency. You may not murder someone and argue that it is a State of Emergency. You may not violate the bodily integrity of people, raping people and argue that it is a State of Emergency. So, we constrict the number of rights that may be abrogated.

Executive Authority is Chapter 5.  Executive Authority of Zimbabwe will derive from the people of Zimbabwe, meaning those people who hold ultimate executive authority will have to be elected. Executive Authority is vested in the President who exercises it subject to this Constitution through his Cabinet. There are instances in this Constitution where the President can act alone. There are instances where the President has to act on the advice of his Cabinet. After all, he chooses his Cabinet himself. So, he or she must be able to exercise certain functions alone.

For example, the function to appoint the Cabinet, the President must exercise it alone. We give the duties of the President to promote unity, peace and that he or she recognizes and respects the values of the liberation struggle. The President must make sure that there is protection of fundamental human rights.

On the qualification of the President, he must be a Zimbabwean citizen by birth or descent and must be over the age of 40 years. He must be a registered voter.

On the election of President and Vice President, when there is an election of a President or Vice President, before the election, the President must pick her running mates so that when we go to election the people of Zimbabwe, vote with their eyes open.

1.        SPEAKER:  Order, her or his please.
2. MWONZORA: Thank you, Mr. Speaker Sir, - a running

mate so that when the people go to election, they go with their eyes open. They know that they are voting for a President with his consequences. They must know that when they vote for President

Navaya, - [Laughter] – they are accepting the inevitability of the Presidency of Hon. Kachepa – [Laughter].  You will see, that the issue of running mates is further dealt with in the Transitional Provisions and for a period of two elections or ten years, this provision will not apply but other provisions will apply. I will come to them.

A challenge, a challenge to a Presidential Election is only going to be done in the Constitutional Court and no other court. It must be determined within 21 days.  The President shall hold office for two-five year terms. We also provide that the appointment of Vice Presidents during the interim period - is picked in the normal way by the President. After the interim period, the transition, then the Vice President will be picked as a running mate whatever system each political party uses.  We have not sought to regulate that.

The President is immune from legal and civil proceedings while he is in office. You do not want a President who is always at court. After leaving office, they may be visited with criminal or civil liability and so on.

Appointment of Ministers, the President will pick his or her Ministers and Deputy Ministers and prescribes the conduct of Ministers and Vice Presidents including not to use their position or any information entrusted to them to enrich themselves or improperly benefit themselves or any other person.  Hon. members will notice that there is a catalogue of the dos’ and don’ts of our ministers.  There are some of the functions that the President may exercise alone, that includes the appointment of the Cabinet, assenting to Bills and calling for elections in terms of this Constitution.  There are certain instances where the President must do something, he does not do it with any other person - again, subject to this Constitution, I will come to it.

The President has the power to declare war and after declaring war, he or she must inform the Parliament.  If the Parliament is of the view that the war is unjust, unfair, unreasonable, unconscionable and unnecessarily oppressive to the people of Zimbabwe, they may rescind that declaration of war.  Once that is done, the President has to take all reasonable steps to disengage from the war.  The power of mercy is exercised by the President in conjunction with his Cabinet.  This is a typical area where third party advice or second party advice is necessary.

The State of Emergency – again we have stated that there are certain rights that cannot be taken under a state of emergency.  We now have an innovation in the Attorney General.  We have an Attorney General who is directly appointed by the President.  The Attorney General advises the President and the Government.  Being the advisor of the President and the Cabinet, he has no prosecuting powers, as prosecuting powers are now with the other body.  May I say Mr Speaker Sir, this is nothing new to Zimbabwe. This had always been the case until I think the early 90s when we changed.  So we reverted to the order because we thought that if you are advising your Government, you may be called upon to prosecute opponents of that Government and so on.  We thought that objectivity could be lost.

The Legislature – Mr. Speaker Sir, the Legislature of Zimbabwe consists of the Parliament and the President acting in accordance with this chapter.  In other words, there are times where a President has legislative power, when he assents to a Bill, he is completing the legislative process.  That is why we said, the rights given under this chapter. On the nature of the legislative authority – we have retained the Senate and the National Assembly.  Among other powers of Parliament or other roles, Parliament must protect this Constitution and promote democratic governance in Zimbabwe.  It has the power to ensure that the provisions of this Constitution are adhered to.  In detail, we give the powers of the Senate and the qualifications of the Senate.

On the Presiding Officers Mr. Speaker Sir, there is the Speaker of

Parliament as well as the President of the Senate and the Deputy Presidents.  They are going to be elected and their elections are going to be presided over by the Clerk of Parliament under the supervision of ZEC.  We say in this Constitution for the avoidance of doubt that the head of Parliament is the Speaker of Parliament, the President of the Senate the Deputy Head of Parliament.

Mr. Speaker, there is something that we noticed during the running of Parliament.  That is a situation where the ministers and Parliament disagree on the constitutionality or otherwise of a legal instrument, what happens?  Does the Parliament’s power prevail or does the minister simply say, well, Parliament, I have heard you, I am proceeding to implement.  To get rid of that problem, we have said, in the event of that arising, the matter may be referred to the Constitutional Court which must deal with the constitutionality of the Bill.

The Priviledges and Immunities of Members of Parliament are clearly provided. We have also in this Constitution legislated the

Committee on Standing Rules and Orders as a Constitutional

Committee.  It is no longer a committee just established under an Act of

Parliament, it is now in the Constitution.  The Parliamentary Legal

Committee again is there.  The Clerk of Parliament is there and the Clerk of Parliament, of course, has a limited term of office, six years renewable only once.

Chapter Seven deals with elections, we deal with the principles of an electoral system.  We said, elections must be free and fair, peaceful, conducted by secret ballot based on universal suffrage and equality of votes and free from all forms of violence and electoral malpractices.  We discussed in detail how referendums and elections must be conducted so that nobody is left in doubt as to how we come out with our elected people.  We also made provisions of the Electoral Law and what our Electoral law must contain.

The timing of elections Mr. Speaker Sir - all elections are going to be harmonised and all general elections are going to take place in the last month of a Presidential term.  So let us say a President is elected in December 2013, that means the next election must be held between end of November and end December 2018, in the last month of a Presidential term.  Of course there are certain circumstances where an earlier election will be called.  Let me just deal with that.  The President can dissolve Parliament in three circumstances.  The first one is the natural dissolution that follows the expiry of the term, that is the midnight of a day before the general election, Parliament stands dissolved.  The formal act, this has to be done by the President.

The second instance is where Parliament itself votes to be dissolved.  If Parliament votes by two thirds to be dissolved, then the President shall dissolve it and call for a general election.  It has not happened in Zimbabwe, it has happened I think in Japan and other countries.  The third instance is where the Parliament has unreasonably refused to pass a Budget, that means the Government has been rendered dysfunctional.  Only in that instance is Parliament dissolved but even that dissolution is not automatic.  It is reviewable by the Constitutional Court at the instance of a Member of Parliament.  So if the President dissolves Parliament and a Member of Parliament is unhappy about it, that Member of Parliament can take it to the Constitutional Court.  Automatically, the dissolution is suspended until the Constitutional Court has disposed of the matter.

Delimitation – again, that is the work of ZEC.  On the

Judiciary we are going to have the following courts, the Constitutional Court, Supreme Court, High Court, Labour Court, Administrative Court, Magistrate Court, Customary Law Courts.

Independence of Judiciary

         We have legislated the independence of the Judiciary by putting in what are called in Constitutional law the Bangalore principles of the independence of the judiciary.  We have put them in our Constitution as the principles guiding the judiciary.  The jurisdiction of the

Constitutional Court, has been spelt out.  It has three unique factors, it determines the Presidential election dispute, it also deals with the constitutionality of laws given to it where there is a dispute between the Executive and the Judiciary.  It also deals with human rights.

Qualifications of Judges of Constitutional Court         We have put there.

                                      Appointment of Judges

         What is important here is that we have said judges will be appointed by the President after a certain procedure, judges apply, interviews are held and these interviews are public interviews and prospective candidates are shortlisted, all this is being done by the Judicial Service Commission only after that can a person be appointed as a judge.

We will deal with the issue of the composition of the

Constitutional Court transitional provisions.

                                      Civil Servants and Public Servants

         Mr. Speaker Sir, there is a difference that we put in the Constitution.  There is a difference between public servants and civil servants.  Public Servants are all people employed in the public institutions, but civil servants are people employed by the State in its civilian institutions.  Therefore, all civil servants are public servants but not all public servants are civil servants, for example, soldiers are public servants but not civil servants and so on.  That is why we differentiated

that.

Chapter 11deals with -Security Services

         We put it in a way that we are going to have the Defence Forces, Police Force, Intelligence Services, Prisons and Correctional Service and any other Security service established by an Act of Parliament.  What is important Mr. Speaker is that, any military or security organ of the State must be established in terms of an Act of Parliament, so that I do not establish my own militia in Nyanga North and it has the force of law and it can enforce laws, and compliance.  We have said that it must be in terms of an Act of Parliament to protect our people.

We are saying neither security services nor any of their members in the exercise of their functions must act in a partisan manner, further the interest of a political party or cause, prejudice the lawful interests of any political party or violate the fundamental rights or freedoms of any person.  This is the world over and that security officers must not be active members or office-bearers of political parties.  We have put in the Constitution now, the National Security Council.

 This is now going to be a Constitutional Board and its functions are given.

Defence Forces are provided in Part 2 of Chapter 11.  Importantly, the deployment of the Defence Forces, was dealt with.  On the Command of the Defence Forces, we have said the President is responsible as Commander-in-Chief for the operational use of the

Defence Forces.  Why we have done that is to make sure that you have one person accountable and that is the President of the Republic of Zimbabwe.

The Commanders of the Army and the Commanders of the Police

and the Intelligence have a limited term of office under this Constitution, just like under the old Constitution.  Under the old Constitution, it was four years renewable ad infinitum, in other words, renewable forever and ever.  We have in this Constitution provided that there shall be limited terms of office, five years renewable only once.

The same applies for Defence Forces, Police Service, Intelligence Service, Prisons and Correctional Service.  We say correctional Service because when you send people to prison - well there are eight theories of punishment anyway, but one of them is that you are seeking to correct a person, you are not simply being retributive, that is why it is Prisons and Correctional Service.

                                 Independent Institutions supporting Democracy

        We are going to have the following independent institutions.

-The Zimbabwe Electoral Commission

-The Zimbabwe Human Rights Commission

• The Zimbabwe Gender Commission
• The Zimbabwe Media Commission

-The Zimbabwe Peace and Reconciliation Commission.  This Peace and Reconciliation Commission is going to be a Constitutional Commission for a period of ten years from the effective date.

                                      Staff of Independent Commissions

            The Independent Commissions have power to employ staff and

subject to law, to regulate their conditions of service.

                                      Independence of Commissions

 They are independent and are not subject to the direction or control of anyone.

                                      Appointment of members of Commissions

         The appointment is identical to the appointment under Section 100 of the current Constitution.  In other words Parliament generates names and these names are then presented to the President for formal appointment.

We have institutions to combat crime Chapter 13, there we have the Anti-Corruption Commissions as well as the National Prosecuting Authority.

Anti-Corruption Commission

The Anti-Corruption Commission will have a number of powers;

Including;

-To investigate corruption,

-To promote honesty,

-To combat corruption,

-Once they have evidence of corruption, they must direct the

Commissioner General of Police to investigate cases of suspected corruption.  Once so directed, the Commissioner General of Police must

act.

National Prosecuting Authority

It is going to be established here, headed by the ProsecutorGeneral. Again the conduct of members of the National Prosecuting Authority is prescribed in Section 261.

-They must not act in a partisan manner.

-They must not further the political interests of a particular party or cause.

-They must not violate the fundamental rights or freedoms of any person.

Chapter 14 deals with devolution.

The devolution is about provincial and local Government.  Mr. Speaker, this is a topic that took much of the time during drafting because of the interests in that issue.  Those who wanted it were arguing that it is part of the democratisation process, after all it is fair that local people have a say in the development priorities of their regions.  Those who were against feared things like secessionism divisionism, civil war and civil strife.

We struck a delicate balance on this, also taking into account what the people of Zimbabwe said and we precede this Chapter by a preamble.  This preamble tells us what devolution is, not for us to appreciate what devolution is.  We said, “whereas it is desirable to ensure:

-The preservation of national unity in Zimbabwe and the prevention of all forms of disunity and secessionism.

-The democratic participation in Government by all citizens and communities of Zimbabwe

-The equitable allocation of national resources and the participation of local communities in the determination of development priorities within their areas; there must be devolution of power and responsibilities to lower tiers of Government in Zimbabwe.”   Importantly, we give the general principals of devolution in the

Constitution and we also give the jurisdictions of the provincial councils.  Their jurisdiction is limited to social and economic development matters.  In other words, you cannot have a provincial council being in charge of defence, Minister Munangagwa, you have nothing to fear now (laughter). You cannot have them in charge of state security and so on. So we have clear terms of reference of Provincial Councils. The conduct of the employees of the provincial governments is prescribed as they must then not act in a partisan manner.  They must not further the interests of a political party or cause or prejudice the same.

Mr. Speaker Sir, under this Constitution and this chapter, we have done away with the office of the Governor, we are not going to have an office called the office of Governor.  The person heading the Provincial Council is going to be the chairperson of the Provincial Council elected by members of the Provincial Council from a list given by a party with the majority of seats in that province.  Then we also dealt with how to remove members of the Provincial Council and let me say Mr. Speaker Sir, that the members of the Provincial Council are subservient to central government.  They are under central government.

Again we provide for local authorities in the constitution and the manner of their removal.

Mr. Speaker Sir, under the traditional leaders let me just say Honourable Mangwana will deal in detail with how we came up with this chapter.  The Chiefs themselves were represented by a leading advocate of this country whom we allowed to be in the Drafting Committee.  So the Chiefs were well represented but we say here the institution, status and role of traditional leaders under customary law is recognized.  We give the principles to be observed by all traditional leaders.  They must act in accordance with the Constitution and the laws of Zimbabwe; they must observe the customs pertaining to their communities, they must treat all persons in their areas equally and they must not be members of political parties, must not act in a partisan manner, must not further the interests of a political party or cause or must not prejudice the law of particular political party or cause and must not violate fundamental human rights.

Mr. Speaker Sir, functions of traditional leaders – the traditional leaders uphold the traditional functions.  We have legislated them but I wish to deal with the function relating to land and you will find that in

Section 282.2 “except as provided in an Act of Parliament, traditional leaders have authority, jurisdiction and control over communal land and any other land for which they have been appointed and over persons in communal lands and or in those areas.”  We are limiting the jurisdiction of the traditional leaders, otherwise if we were to say traditional leaders are in charge of all rural land, it means the President of the Council of Chiefs is stronger than the President of the Republic because he or she will be controlling 90 percent of the land.  We also feared and here I want to credit Honourable Mangwana with the wisdom because what I am about to say came from him.  Our fear was that if we stated to say traditional leaders are in charge of rural land, we will then reinstate the traditional border disputes.  For example, the Tangwenas in Nyanga, we would say our Chieftaincy ends in Odzi and Chief Makoni will say no, my Chieftaincy starts at Troutbeck and you will create a venn diagram of conflict.  For that reason we found it proper to make sure that we do not generate unintended consequences, after all this is very fair.

Traditional leaders are going to be appointed in accordance with the customs of their communities.  We say that because different communities have different traditions of appointments.  Most Shona traditions, it is lateral transfer of chieftainship from one house to the other house; in Ndebele it is linear from the King to his Son to his grandson and it goes on like that.  So we sought to preserve that by saying that the Chiefs are going to be appointed in accordance with traditional practices.

The suspensions of Chiefs have to be done by the President on the recommendation of the Provincial Assembly of Chiefs and through the National Council of Chiefs and the minister responsible.  Mr. Speaker

Sir, we have provided under this Constitution for the remuneration of

Chiefs and particular, we have said an Act of Parliament shall provide for d) remuneration, pension and other benefits of the President, Deputy President and other members of the Council of Chiefs.  We think that this is fair and just.  What we refuse to accept Mr. Speaker Sir, is to equate the President of the Council of Chiefs to a State President.  When we gave the state President pension we said former President will have pension equal to the salary of a serving President.  We cannot say the same of Chiefs because the institutions are not the same.  Therefore we resisted the attempt to do that.  That is why you may have read in the papers that we were not in agreement.  Then we have an Integrity and Ethics Committee, an Act of Parliament must provide for the establishment, membership and procedures of the Integrity and Ethics Committee of chiefs.  In other words the chiefs want to regulate themselves and the procedures.

Chapter 16 deals with agricultural land.  Here it starts with a preamble in order to redress the unjust and unfair pattern of land ownership that was brought about by colonialism and to bring about land reform and equitable access by all Zimbabweans to the country’s natural resources.  Policies regarding agricultural land must be guided by the following; then we put that land is an infinite resource and that every Zimbabwean has a right to land so on but importantly we are recognizing the previous unfair distribution of land.  It is important in recognizing the unfair distribution of land not to create another sort of unfairness that is what we seek to do.  We talk of the rights of occupiers of agricultural land that those people occupying agricultural land have certain rights and we give them in the Constitution.  This includes Comrades like Comrade Mombeshora who was given land.  As an occupier of the land now you have certain rights in the Constitution.  You were given by our government.  Then the security of tenure of the agricultural land again is there.  It is important that people occupying or owning land must have security.  Alienation of agricultural land or people being able to dispose of agricultural land under certain circumstances; we provide for different types of compensation for different people and it is all put in the Constitution.  For example compensation for improvements only for certain persons who are non indigenous as defined in this constitution.  Where a person is an indigenous Zimbabwean and land was taken, those people are entitled to full compensation.

In our view there was not wisdom in taking land from a deprived person to another deprived person.  It did not simply make sense and for most of this land; our suspicion was that there could be a few problems surrounding that.  We said we need to be fair to our people and we need to have them compensated in full.  Same applies to land protected by the BIPPA Agreements, again this is protected in full and so on; but government can acquire land, of course, subject to the guidelines that are spelt out in the Constitution.

We have a Land Commission and the Land Commission now as opposed to other drafts is now an executive commission as opposed to an independent commission.

Financial matters – this is an area that drafters were also not very well vested with and you will find it very standard form.  We put the Principals of Financial Management.  Parliament is going to have oversight on all revenue and expenditure to avoid the obvious problems.

We need to state that in order to borrow money under certain circumstances, the approval of Parliament must be sought.

The Consolidated Revenue Fund is dealt with it.  The Auditor

General is a very important person and we put security of tenure on the

Auditor General.  We also talk of the independence of the Auditor General.  Mr. Speaker Sir, we regulate procurement in Government under this Constitution.  State resources are for the benefit of the people of Zimbabwe and we all agree and they have to be used in a very transparent manner and one of the leakage areas or possible areas of corruption is on procurement.  This Constitution regulates procurement of course in general terms without being administrative.

General and Supplementary Provisions dealing with the interpretation of this Constitution, this is in fairly standard form.  We are saying certain words must be interpreted as per this Constitution.

Mr. Speaker Sir, let me go to the transitional provisions and deal with three main issues.  The first issue regards the Running Mate.  The provisions regarding the Running Mate are not going to be operational in the coming elections and the next elections.  In the coming election and the next election, a  Presidential candidate  chooses his or her deputies at whatever time they choose.  They may decide to tell us before the election or after the election, it is up to them but we are saying as at the time that they are assuming office; they must inform the nation of their deputies.  And, in the event of a President being unable to continue the term for any reason, and there are varied reasons.  They could be where a president simply resigns or is successfully impeached or is incompetent for one reason or dies in office or is incapacitated the party with the President will appoint a replacement for the remainder of that term.

Our thinking was that if people vote for a particular President, they are showing confidence in his party for that term and therefore the current provisions in the GPA will apply where the replacement is going to come from that political party.  Tapota, tapota, musazopondanaka, musazourayanaka neprovision iyi.  It is a grave responsibility that we are giving and we have said that this must be done within a period of 90 days so that there is certainty in the country.  That is provision number one.

Provision number two deals with the Constitutional Court.  The Constitutional Court is going to be established as soon as possible, after the publication date but for a period of seven years, it will be manned by the Chief Justice, the Deputy Chief Justice and seven judges of the

Supreme Court.  So, seven judges plus the Chief Justice and the Deputy Chief Justice constitute the Constitutional Court but in all their determinations on human rights and Constitutional issues, they sit as a full bench.  What we mean is that they sit as nine judges to determine a case and not a situation where judges sit as one or three because judges sit as an odd number.  They are one, three, five, seven or nine and sometimes there is a temptation that if it is a case involving Hon. Mahoka for example, we give it to a very unsympathetic judge who will deal with her.  We want to avoid that by saying that they sit as a full bench.

Then the third deals with the issue of the National Prosecuting Authority.  Again, the office of the Prosecutor General is going to be filled by the person who held the office of the Attorney General before the effective date.  This will be for a period of six years renewable, which is the period, a term of office of Prosecutor General.

Mr. Speaker, let me conclude by saying, my colleagues will amplify this point.  When we came up with this draft, we were not looking at anybody; we were not seeking to please anyone or any office.  We said it is not that we love the MDC less or we love ZANU PF less or we love Mavambo less or we love MDC 99 less or we love MDC Green less or we love Dzinemunhenzva less or we love the Patriotic Union of Matebeleland less, but we love Zimbabwe more.  Kane pane abatwabatwa nazvo, it was not intentional.  This is what the people of Zimbabwe said.

Mr. Speaker Sir, in our respectful view, this is a people’s Constitution and this Constitution must go as quickly as possible to the people.  The debate that is happening in the press is idle debate.  It is not what Mwonzora says which must matter.  It is not what Mangwana says which must matter.  It is not what Madhuku says which must matter – it is what the people of Zimbabwe, the owners of this draft say that will matter.

Thank you very much.

1. MANGWANA: Thank you Mr. Speaker. The tripartite nature of our Constitution would have required me to speak first but we became victims of Standing Rules which we could not change.  This is why my colleague had to walk you through the draft before we told you the journey.  He described the child without telling how the pregnancy came about.

I am here now to tell you how we came to the beautiful document which he has described.  Mr. Speaker Sir, we are very honoured to have been given this task to lead this very important national process.  You put us into office on the 12^th of April, 2009.  We were 25 of us made up of yours faithfully, leading the team from ZANU PF, Hon Douglas Togarasei, Mwonzora, leading the team from MDC-T and at that stage Hon. David Coltart leading the team from MDC.

Hon. Coltart had to be replaced by our wise old man, Hon. Edward Thsothso Mkhosi.  We always called him the moderator and he played the role which is commensurate with his age and wisdom when the two young men would have fought during the discussions.  The old man would moderate and we thank him so much for playing that key role which brought us to where we are.  The other hon. members were

Hon. Monica Mutsvangwa (Deputy Co-chair),Hon. Fungai Jessie

Majome (Deputy Co-chair) and Hon. Believe Gaule (Deputy Co-chair).

The other members were Minister Flora Buka,Hon. Chief Fortune

Zephaniah. Charumbira, Hon. Amos Chibaya, Hon. Walter Kufakunesu

Chidakwa, Hon. Gift Chimanikire, Hon. David Coltart,Hon. Edward

Takaruza Chindori-Chininga, Hon. Dr. Jorum Macdonald Gumbo, Hon.

Ian James Hamilton Kay, Hon. Martin Khumalo, Hon. Cephas

Makuyana, Hon. Editor Erimanziah Matamisa, Hon. Tokhozile

Mathuthu, Hon. Tambudzani Budagi Mohadi, Hon. Dr. Olivia Nyembezi Muchena,Hon. Rorana Muchihwa, Hon. Brian Tshuma, Hon. Gladys Gombami-Dube who is now late and Hon. Jabulani B. Ndhlovu who is

also late.

Mr. Speaker Sir, we commenced this journey ensuring that as a team we understood what a Constitution is.  We are grateful to the Clerk of Parliament who organized our initial workshop in Bulawayo where eminent juries from within Zimbabwe and from outside Zimbabwe took us through the process of understanding what a Constitution is.  We had the current Minister of Finance who was chairing CODESA in South Africa telling us how we could come up with a Constitution.  We were also lucky to interact with Professor Reginald Austin, who has undertaken Constitution processes in quite a number of countries in the world including Cambodia.

After the Bulawayo training, we as Co-Chairs and our deputies were also invited to South Africa to understand what processes they went through from 1992 to 1994 when they had their elections and leading to the adoption of their Constitution.  We even visited the South African Constitution Court and interacted with the Judges of the Constitutional Court who taught us the role the Constitutional Court played and that also gave us the conviction that at the end of it, we also required to have a Constitutional Court.

 

The initial phases of the Constitution making process were quite problematic. We were three parties. At each and every time we would go to our caucuses.  Debates would go on and on and sometimes the quarrels were meaningless.  I think we were trying to find each other – eventually, we did find each other but after quite some quarrels.

We were initially housed here at Parliament being supported by the secretariat of Parliament.  I must give my greatest honour to the leadership given by one of the Deputy Clerks who was assigned to be our initial secretariat – Mr. Chokuda.  He played a key role in supporting us.  We did not have a budget.  If anyone remembers, the February 2009 budget did not mention the Constitution making process at all.  The revised budget of May 2009 did not mention the Constitution making process at all.  It did not even make an allocation at all but we were already in office and we were supposed to be doing some work.  We were being supported by the budget of Parliament and we must thank the Clerk of Parliament for availing the sources from his meagre budget to assist the initial processes until we held the First Stakeholders

Conference.

 

After the First Stakeholders Conference, we then started receiving resources from the donors but they were all being channelled through

Parliament.  Once we started work, we realised that we needed working Committees as an institution and so we set up the first Committee which became the Budget and Finance Committee which was chaired by Hon. Walter Chidakwa and deputised by Hon Gift Chimanikire. The other members were drawn from the three political parties.

We also set up the Human Resources sub-committee which was chaired by Hon. Gift Chimanikire and deputised by Hon. Walter Chidakwa. There was also the Stakeholders sub-committee which was initially chaired by Hon. Chindori-Chininga and was then replaced by Hon. Flora Buka when he left COPAC. The sub-committee was deputised by Hon. Rorana Muchihwa.

The other committee was the Information and Publicity subcommittee. This sub-committee was chaired by Hon. Jessie Majome and deputised by Hon. Martin Khumalo.  The Legal sub-committee was chaired by our young lawyer Hon. Brian Tshuma, who has done quite a splendid job in that respect.

 

The Select Committee had clear Terms of Reference given and clearly spelt in Article VI of the GPA.  Mainly, the role of the

Committee was to set up such sub Committees chaired by Members of Parliament and composed of Members of Parliament representing members of the civil society as may be necessary to assist the Select Committee in performing its mandate.  It was supposed to hold such public hearings and such consultations as it may deem necessary in the process of public consultation over the making of a new constitution for Zimbabwe.  The third role was to convene an All Stakeholders

Conference to consult stakeholders on their representation in the subcommittees and then to table the draft Constitution at a Second All Stakeholders Conference; and lastly to report to Parliament.

We did try to adhere to the timelines during the early stages of the Constitution making process. A least we met the first timeline given, that was to be set up within two months – that was done in April.  The second timeline was to hold a second All Stakeholders Conference within three months.  We managed to do that.  On the 14^th of July 2009, we held the first All Stakeholders Conference.  After that we dismally failed to comply with any of the timelines for reasons beyond our control.  Now that is the structure of the Select Committee.  It also set up a Secretariat which was lead by Mr. Gift Marunda and his management team.  This Secretariat has done a splendid job to provide the necessary support to our work.

I have already spoken about the holding of the first All

Stakeholders Conference; before we held the first All Stakeholders Conference, we realised that it would be very difficult to simply mobilise people from all corners of Zimbabwe and say you are stakeholders and you are supposed to do ABC without them knowing exactly what this whole process was about.  As a Committee we decided to visit all the ten provinces of Zimbabwe and hold stakeholder meeting at provincial level.  These meetings in some provinces were alright and in some there was a lot of tension.  There was so much suspicion.  All the parties felt that there must be some hidden agenda somewhere.  I remember going to Mutare, we were supposed to have a meeting at 0900. By the time I visited the venue at 0800, one party had filled all the seats inside and all the other parties were outside.  I then said that we had come for all parties and not for a single party.  That is the kind and nature of suspicion and tension.  It was only after addressing them when they saw us together that tempers cooled down and then they began to appreciate what this committee was all about.  I must say that it was quite an experience which taught us how we could manage the first All Stakeholders Conference.

After our introduction to all the provinces, we then came to the first All Stakeholders Conference.  I will not say much about the first day but it goes in history that it was a day of baptism, face to face with the real Zimbabwe and we said we shall never have this again.  I was happy that the second day was quite good after the Principals had addressed the nation and highlighted that we needed to support the process.  We were happy about the outcome of that first All Stakeholders Conference because we had called it for only two major purposes.  Firstly, there was need to set up the Thematic Committees and identify the Thematic Chapters on which we could structure our outreach.  The second one was to agree on the methodology of the outreach in terms of the representation of civic society and political parties.  A decision was then then made on three issues that, firstly on all the Committees we were going to have, we would try to adhere to a 50/50% gender representation.  To some extent it succeeded, to other extents, we failed because Rome was not built in a day but we tried our

best.

On the second one, a resolution was made by the First All

Stakeholder Conference that in all the Committees we would set up 30% would be made of politicians and 70% from civic society.  We also agreed on the 17 Thematic Chapters we were going to have and once that was done, we then said, ‘Okay, we can now embark on the

Outreach’.  The Thematic Committees which we agreed to at that

Conference were the Founding Principles of the Constitution; The

Committee on Separation of Powers of the State; the Committee of

Systems of Government; the Committee on Executive Organs of the State; Police and Defence; Elections, transitional mechanism and independent Commissions; The Committee on Citizenship and Bill of Rights; The Commission on land and natural resources; the Committee on Public Finance and Management; the Committee on the Media; the

Committee on Traditional Institutions and Customs; the Committee on

Labour; the Committee on Youth; the Committee on the Disabled; the

Committee on War Veterans, Freedom Fighters; the Committee on

Local Languages, arts and culture; the Committee on Women and

Gender and the Committee on Religion.

Unfortunately, no resources were given to COPAC to go on Outreach.  We tried to get resources from Government – resources were not forthcoming; from donors – resources were not forthcoming.  We only found a funding agreement with the UNDP in March of 2010.  I am not going to ascribe blame on anyone but this is what caused the delay in going for Outreach.  We only embarked on Outreach in May of 2010, almost nine months after the holding of the First All Stakeholder

Conference – nine or ten months, that is when we then went on Outreach.

In the meantime, due to the kind of different nature of the Select Committee - Parliament has Select Committees all the time; Parliament can have Portfolio Committees but this was a unique Select Committee which was supposed carryout a national function.  We realized and I think, it was realised by the powers that be that maintaining this Committee under Parliament at that stage with the kind of political issues it was supposed to deal with – it would be difficult for it to achieve its objectives.  Then we were moved away from Parliament and had an independent Secretariat established away from Parliament but in order to deal with possible conflicts and also policy directions necessary

– a Management Committee was then established to assist the Select Committee achieve its mandate.

This Management Committee was composed of the six negotiators

Hon. Tendai Biti; Hon. Patrick Chinamasa; Hon. Nicholas Goche; Hon.

Elton Mangoma; Hon. Priscilla Misihairabwi-Mushonga; Prof. Welshman Ncube and our Minister of Constitutional Affairs to maintain the correct link Advocate Eric Matinenga; the three core-Chairs were also drafted into this Management Committee.  This Management Committee played a splendid role because whenever we had irreconcilable differences – they played the role of breaking the deadlocks.  They also assisted us in the meetings we had with the donors under the project Board ensuring that we account for all the resources; ensuring that we get the necessary resources from the donors.

As I indicated, the funding arrangements of the Select Committee were as follows: - we were receiving grants from Government through the Ministry of Constitutional Affairs.  At the same time, were also getting financial support from a basket fund managed by the UNDP.  UNDP would manage money donated by various donors - USAID; some of them SIDA; FDI and various other countries which put in money – Australia, Canada.  They were all putting money into the basket fund and then UNDP would provide the link between us and these donors.  We were not interacting with any individual donors directly as COPAC; we were only interacting with the UNDP as the managers of the basket fund.  We were also holding Quarterly meetings with the donors, accounting for the use of the funds in the previous Quarter and also seeking approval of our activities for the next Quarter and the funding for that Quarter.  Government would give us money as and when the monies became available.

Before we went for Outreach we realised that the teams we had selected which were inclusive, politically required training.  So, we held training for our teams.  We put together teams of about 700 delegates who were trained – almost about 75% of our Members of Parliament participated.  In fact, almost all back-benchers participated as Outreach members, some as team leaders and others as just members of the Outreach teams.  These 700 people put together, developed what we now called, ‘the Talking Points’, because before we could go on Outreach, it was important for us to design a Questionnaire agreeing on the nature of the questions we were going to put to the population.  People had to respond to certain Talking Points – so, we developed 26 Talking Points together with these 700 people.

After the input of the 700 delegates, we had to appoint a technical  team of six lawyers who then supervised the delegates to come up with the 26 Talking Points.  We had 210 Rapporteurs trained; we felt that it was important for each and every Outreach team to have a Rapporteur.  The Rapporteurs had to agree to see what was in each report, write it together, sign it and have it authenticated by the three Team leaders.

The whole process was to make sure that we recorded accurately what the people said during each and every Outreach meeting that is why we had to have three Team leaders in each team; three Rapporteurs and a Technician to record the proceedings electronically so that if there was any misunderstanding, the video back-up recording could be played back for the avoidance of doubt.

The Outreach process took 30 days more than what we had budgeted.  We ended up taking about 95 days but all in all, we held 4 943 meetings in the Provinces.  In rural areas, we were holding a minimum of three meetings because of the geographical distance between places in each ward.  In urban areas, mainly in Harare and

Bulawayo, we were holding one meeting per Ward.  In Mashonaland

East, we held 567 meetings at which the total participation of Mashonaland East was 181 756 people participating at the meetings of which 60 158 were males; 69 733 being females and about 50 000 youths.  Mashonaland West,  509 meetings, Manicaland 677 meetings,

Matebeleland  South 477 meetings, Mashonaland Central 652 meetings,

Matebeleland North 614 meetings, Masvingo, 622 meetings, Midlands 672 meetings, Harare 96 meetings, Bulawayo 57 meetings which came to a total of 4 943 meetings.

In addition, we held special outreach meetings for the children supported financially by UNICEF. We also held a special outreach meeting for the Members of Parliament themselves. We also had institutional submissions and we received 52 written submissions from institutions and other organised groups. We had special outreach for the disabled. We set up a website for the participation of people in the diaspora.

After we had gathered all the data, it became necessary that we upload this data and save it. We acquired a special server and put in a special programme we called CODATA which managed to collate all the data, put it together into an electronic form and ensured that nothing would be lost. As of now, this equipment is now at Parliament and all that took place has been saved and is available.

Whilst we had the data uploaded, it was now necessary for us to setup thematic committees on each and every one of them to analyse the data. We again selected 425 participants to constitute the thematic committees and we adhered to the principle of 30% representation of politicians and 70% Civic Society. We also allocated 30 and 17 slots to political parties and the Chiefs.

During the sittings of the thematic committees, disagreements, sharp disagreements arose. We could not agree on the methodology to be used. Shall we use the qualitative or the quantitative methodology? But the document we have, which has been read out by Hon. Mwonzora uses both the qualitative and the quantitative. It is now an outcome of both the quantitative and the qualitative. At the end of the day, we managed to strike an agreement but after quite some discussions where we said there will be instances where the quantitative methodology will be appropriate and other instances where the qualitative methodology would be appropriate. We scientifically then applied both to come up with a Constitution which has been read to you.

As I said earlier, one of the difficulties which we had, was how to deal with road reports when you had different number of meetings in wards. In some wards in Beitbridge we had seven meetings. In those seven meetings you wanted to capture what you can say is the ward’s view on a particular question raised in the talking points. Then, you come to Harare, they are instances where we held only one meeting. How do you equate views raised in seven meetings and views raised in only one meeting? So that again became a source of further disagreements but eventually we resolved that.

As you will see from the documents, you will get the percentage. What meaning do you give to the percentage which has been generated by the data analysis which we were carrying out. That again became an issue until we eventually managed to find each other. I must thank the management committee for assisting us to find one another when we had those disagreements which almost led to the collapse of this process

itself.

Now it came to how you prepare for the drafting itself. We needed divine intervention to find a way of coming up with an agreeable methodology of putting up drafting instructions. To say the least, this situation was going to be very easy so we started meeting at Phandari here in town. After meeting at Phandari, we did not manage to actually clear what we wanted in order for us to construct drafting instructions.  So we decided to move to Masvingo to the Great Zimbabwe. We achieved some progress in Masvingo maybe because we were under the spirit of Munhumutapa but progress was made.

We came back to Harare, again we failed to conclude our work then we had to move to Vumba looking for wisdom from the East. At Vumba at Leopard Rock, we made some progress but we did not finish the work until we had to visit the City of Kings in Bulawayo. In a week’s time and I believe under the spirit of Mzilikazi and Lobengula, we found each other and created the drafting instructions. It was not an easy exercise to say with all of this massive data, what should go into the Constitution and what should not go into the Constitution.

It is not what everybody said which was constitutional but simply to agree that this is what is constitutional and that this is what is not constitutional was not easy. One wants this in the Constitution, the other one argues that this is constitutional and this one says it is constitutional until we then agreed to say okay, well and good this is what we are going to put in the Constitution. We created quite a number of documents, a document of constitutional issues, I am sure you will see it in your package listing out issues which we generally agreed to be constitutional.

We then looked at the data and realised that there were some gaps in the data that generally people would answer the question what without answering the question of how. We want a constitutional court and we want it to start by judges but they will not be able to answer where these judges will come from. They will not be able to answer the qualifications of the judges. They will not be able to answer how those judges will be appointed.

All these were then identified by our team of legal experts to be the gaps in the information we had. We want two Houses of Parliament. We want gender equality. They will not tell you how to achieve that gender equality in the House of Assembly or the Senate even after agreeing that let us apply the zebra system of man – woman, man – woman and so on in the Senate until we realized that unless we put women on top of men we will not achieve gender equality. So the zebra will start with women on top, men coming with women always on top then we have gender equality all the time. That was the gap. The gap was women on top. That is the gap. That had to be achieved by research to say, how did other countries achieve gender equality even using the zebra system.

Rwanda is leading in terms of gender equality. So you say how did they achieve it in Rwanda. Even during the research one can find a different system from another country than another. You then have to say how do you reconcile these. Negotiations became inevitable. We are not even shy to say whenever we found gaps we had to negotiate after due research. We had to say what is happening in other countries. What are the international best practices? How do they apply to the circumstances of our own country and this required technical reasoning and your Select Committee had to do that.

We respected the views of the people   and all the issues they had answered. But where they had not provided us with answers, we had to fill in the gaps by research and after research we had to negotiate and agree. That is why then the process took longer than we had anticipated because negotiations were inevitable. We started negotiating as a team of 25 and we realised that in a whole day you will not agree on anything until we had to say to ourselves, if we are to achieve something let us break ourselves into two groups of Select Committee members.

[Time Limit]

1.                   MANGWANA: We had to set up a Chairpersons Forum,

where the chairpersons would look at all the contentious issues first and try to strike an agreement and make  recommendations to the Select Committee. That way we then started making some good progress. After all this, we started the drafting process. We selected three drafters on the basis of their professional competence and these are Hon. Justice Moses Chinhengo, Mr. Brian Desmond Crozier and Mrs. Priscilla Madzonga.

We also created our own supervising committee which was made up of the three Co-Chairs and three legal experts, Dr Alex Magaisa, Mr Godwills Masimirembwa and Mr Josphat Tshuma. The six of us were working together with the drafters to create that platform where the drafters could engage members of the Select Committee and get guidance as they were drafting. This maintained the link between the Select Committee and the drafters so that we could keep a check on what the drafters were doing.

We are happy to say that eventually members of the Management Committee joined us in assisting us complete the drafting because they were quite a number of contentious areas where we needed similar political leadership to assist us come up with answers where this required political direction.

On the 18^th of July, 2012, we had the draft. That draft was taken to the Second All Stakeholders Conference and it was commented upon by the stakeholders. The draft, of course, received a lot of media blasting and a lot of criticism from various political parties. We are happy to say at the end of the day everyone adhered to the road map stated out in the Global Political Agreement that all comments had to be channeled  through the Second All Stakeholders Conference. We then had the conference and that conference interrogated the draft, made comments to it, proposed amendments and proposed suggestions. We received the report and analysed it.

We realised that after the Second All Stakeholders Conference, we had four areas. First we had the area where the stakeholders did not make any comments and indicated their happiness with the draft without any comments. The second area is where the stakeholders agreed to make changes within their committees to certain aspects of the draft. We factored those changes straight away into the draft before you. The third area is where we were unsure whether stakeholders were actually agreeing or disagreeing. We interrogated each and every proposal and where we were able to glean the agreement the stakeholders were having, we then took that as agreed and put again into the draft. We had the last one where stakeholders were making proposals and counter proposals on each and every point they were raising. This became the most difficult area because you had to weigh the views and say which one do we accept, which one do we reject, what are the reasons for accepting this or rejecting that.

That is where your Co-Chairs spent their Christmas and New

Year holiday at – trying to see how to reconcile the divergent views. Again, negotiations became inevitable. A lot of thinking came into it. A lot of imagination came into it until we were able to get the draft out. What do you say about devolution? What does that one want about devolution?  Why is that one resisting devolution? What are the fears? How do we resolve the fears? How do we get the real message we want the people to know? What did the people want when they spoke of devolution?  Do they want a separate state? Do they want simply to be involved in decision making and in what manner?

[Time limit]

THE TEMPORARY SPEAKER:  Order! In terms of Standing

Order Number 57 (a), the time for debate is exhausted.

MS CHINOMONA:  I move that the hon. member’s time be

extended.

1. GONESE: I second.
2. MANGWANA: This is the area where I said we had to have negotiations. We had to negotiate for four principal reasons. Firstly, sometimes the views were so contradictory that they were so diverse and that there was need to benchmark our document to international best practices.

I had not mentioned that after the Second All Stakeholders

Conference, differences emerged. The principals then set up the Committee of Seven which was made up of Hon. E. Matinenga who was our convenor and Chair, Hon T. Biti, Hon. P. Chinamasa, myself, Hon. E. Mkhosi, Hon P. Misihairabwi-Mushonga and Hon D. Mwonzora.

This is the team which had to finalise the views which came from the Second All Stakeholders Conference and create a preliminary draft for discussion by the Select Committee.

The Select Committee, on the 31^st of January 2013, adopted the draft we had brought from the Committee of Seven which is now the draft which has been tabled before you by Hon. Mwonzora.

I must say that this constitution making process is to go down in history as one of the processes which brought about national healing in our country. At our level as  Members of Parliament, we were able to look into each other’s eye, trust each other, confide in each other – my friend I have been from my party they do not want this but you shall not say it to anyone. Ini ndabva kwangu, shamwari ndanopiswa saka todii tose tisatsva! That is how we were to confide in each other. As leaders of the 25 member committee, as I indicated earlier, we started with quarrels and by the time we completed this process, you could not distinguish an MDC member from ZANU PF member, a ZANU PF member from an MDC-T member. That is the kind of national healing this process achieved.

In the country side, those who witnessed the Second All Stakeholders Conference could see the peace, tranquility, tolerance and the whole manner in which our people of Zimbabwe were sitting together. That is one of the benchmarks that we achieved through this constitution making process.

We are also happy that you colleagues, when we led you into the outreach programme and all these other processes, you were also able to show that oneness which is required to build a nation. We thank you for that. You showed the way and people followed you.

We had a lot of challenges. One of the challenges was the delays in funding which I have already mentioned. The other one was the serious political polarization at the commencement of the process. That one was resolved with the passage of time and I am quite sure that the mood prevailing in this House is exactly a replica of the mood created by COPAC as a result of the constitution making process.

We also suffered some negative publicity and that was quite a serious challenge.  The media assisted sometimes in increasing the polarisation even amongst the political parties who were about to reach some consensus.  They would lead the discussions, they wanted to show that this party is giving in to the other; they wanted to report on inconclusive discussions and report negatively.  That affected the pace at which we were able to find each other.  Sometimes after a report was leaked about what we were discussing, if you had not yet sold the idea to a political party, you could now not proceed with the discussion because your political leaders will call you and say, but who told you to move in that direction.  If you had not received a political nod to do so, then the negotiations will not proceed.  That delayed the conclusion of our discussions but we have spoken to the media, we have tried to engage them.  Of late, I must say, we are very happy.  Maybe it is because the process has now been successful, everyone wants to associate themselves with success.  We are receiving very positive coverage and we hope this continues until the Referendum.  It was quite a challenge.

On the finance side, the process was extremely expensive.  The Government of Zimbabwe provided funding to the tune of US$24.7 million.  The donors provided funding to the tune of US$21 million.  So all in all, this process has cost Zimbabwe, US$45 million.  I know people will ask why, but my answer is always simple, democracy is very expensive, people die for it, people pay the utmost price for democracy.  We have only spent money and no life has been lost but we have spent money for a cause we think has been good, for a cause which is going to lead our country to prosperity and for a cause which is going to usher in stability in our country.  We have accounted for each and every cent and audits have been held.  The Ministry of Constitutional and Parliamentary Affairs has always been keeping an eye on how the resources were being used.  We are happy that these funds were used responsibly.  Our Chairman of Finance, Hon. Chidhakwa is a very strict man and a very stringent person and he has been making sure that the funds are well spent and properly spent.  I am happy that we have come to this end of the process without any monies being alleged to have been embezzled and I think that is quite a good show.

I want to thank the leadership of Parliament initially for assisting us during this process.  I want to thank you hon. members, if you had made so much noise, the whole country was going to follow you because you lead constituencies.  Even when we delayed, you did not complain too much.  You used your cars and you have not been paid in full.  Some of your cars were damaged which you want to use in the next campaign.  We will plead with the Minister of Finance to see how he can compensate you but as COPAC, unfortunately, we cannot do much.  At least you have a Constitution to take to the constituencies and say, look, as your MP, I delivered the Constitution in the five years that I was in power.  You have campaign material, hon. members, do not be disappointed.

I also want to thank our service providers particularly the hotels.  Some of them could house our teams for 90 days without any payment, literally feeding our teams.  We still owe them some money but they have continued to accommodate us in the processes that we have been undertaking up to now.  We want to thank the Minister of Finance, he has made an undertaking that he will continue to provide resources for us to settle our bills.  We do not want to be known as a committee which remains in the books of business people as a bad debtor after having done such a good job.  I know the Minister of Finance cannot fail us.  I want to assure them that we shall pay every cent of the debt.  We thank you for the services that you have provided.  Those who have issued summons should instruct their lawyers to hold on because this Parliament is hearing me saying you shall be paid.

Finally, I want to thank the people of Zimbabwe for their patience.  It has been a long journey, it took longer than they expected but they have been patient.  This is the time that they will receive the document that they have been waiting for.  On behalf of the Select Committee, I want to say, we think we did our best for our country but we feel honoured and humbled by this national task you bestowed upon us to be part of the history of this country.  I thank you.

1. MKHOSI: My colleagues after all have gone over the boundaries that we had set ourselves. Nevertheless, I have got a few people that I must thank for a job well done.  The two co-chairs, please accept my thanks for the job that you did, had you not done that job in the way that you did it, by now we would not be having the document that we are all proud of.  I also thank the Minister of Constitutional and Parliamentary Affairs, Hon. Matinenga in particular, for being a very determined worker.  At times I thought we could not make it but his presence made a difference all the time.  I must also thank the Committee of Seven, the negotiators, those people unlocked a lock that could have destroyed the constitution making process.  When we started, we were working in an isolated manner from the drafters.  The drafters were doing their own thing and almost drifting.  The negotiators said the best thing to do is for you to work very closely with the drafters.  We brought in our legal minds and they worked with us tirelessly and finally we were able to produce the document though afterwards as mentioned by Hon. Mangwana, we had some problems because of some interpretation which mentioned some of the issues that never came into the document.

The issue of homosexuality, I do not remember, as far as I was in this process when we talked of homosexuality but very often it was always in the papers.  Where the papers got it from, I just do not know.  I appeal to the Press that we are almost reaching the final stage, this is the time to interpret the document to the people.  Please correctly inform the people so that you give them material that will help them to make good decisions that are progressive for this country.  I know it sells better as a paper to sensationalise an issue even if there is nothing exciting in that issue so that you can sell your paper the next day.  I sincerely appeal to the Press that they must come into line and join the rest of Zimbabweans.  I also must reiterate my thank you to the parliamentarians and urge them that as they go to their respective constituencies, please thank everybody in your constituencies who took part in the outreach.

Finally, I want to thank the Principals.  You remember, the First Stakeholders Conference was almost a fiasco which was rescued by the Principals.  Their presence made a difference.  We were able to go out as sons and daughters of the same father and mother.  We forged some kind of mutual understanding that carried us through.  Again, when we were about to finish, the process almost collapsed until the principals formed the Committee of Seven and invited us to attend the meeting with them to explain the basis of our misunderstanding.

Fortunately, after listening to the presentation without any squabbles, they all said we are happy with the product.  So, today we are celebrating on behalf of Zimbabwe, the Principals, the negotiators this wonderful time, this historic moment in Zimbabwe, thank you very much, go well home.  I thank you.

1.           BHASIKITI-CHUMA:  Thank you Mr. Speaker. I do want

to acknowledge the long process this exercise took us, but always those of us who married beautiful women – ladies, know that you have to travel more than ten times to get a nod and from there, to get to the wedding day is a process.  So, that is how I understand this process as a very important milestone for our nation.  I just want to celebrate with the people of Zimbabwe who came out strong as we went out to conduct the outreach and spoke their minds.  They poured out everything which was being captured by our teams as we went around the country.

Mr. Speaker, I have no doubt that the product we have at hand is a people-driven product.  It is a Constitution by the people, for the people, which satisfies all parameters of democratic processes.  Mr. Speaker, at this point I do not think about the pains which the process might have taken us through.  The reason being that as you hold the baby, all mothers know that they quickly forget the pains they go through in labour.  Some say that they will not have children again but when the baby comes out it will be all smiles.  So, it is all smiles now that we are successful and we are proud that as Zimbabwe, we are capable of managing our own national affairs.  They now know that we are able to produce a very good document which is not even comparable with most of our international friends.

Mr. Speaker, I am saying this because I know in our Constitution, it is the only Constitution which has a Chapter for traditional leaders to give reverence and importance to the office of our traditional leaders.  It means we have carried out a very important exercise and I know the chiefs of Zimbabwe should be the proud people of the nation, and they can boast around and say tisu tirikutonga, tisu takataura, izvi ndezvedu.  

Mr. Speaker, I do not want to pour many words to this wonderful document which is before us like the mover and the seconder have already said that we need to move promptly and show the people that our baby is now out.  All we were guarding against was getting an illegitimate baby.   We can now say nzeve idzi ndedzavaMnangagwa nyangwe kumeso kwacho, unongoona kunaka kwacho ndekwavaMnangagwa saka mwana ndewavo uyu.  So, this is our product and we are happy, we are proud of it.  We are not ashamed as hon. members to take this document, even beginning tomorrow, to our electorate and tell them that you were well represented, your views are well contained and we are happy.

I know those who want to prophesy doom to it, will very soon realise that  it is better to move with others and declare a ‘yes’ vote and declaring the authenticity of this document.  I thank you Mr. Speaker.

THE DEPUTY MINISTER OF WOMEN’S AFFAIRS,

GENDER AND COMMUNITY DEVELOPMENT:   I wish to add

my voice to this historic debate that is before the august House today.  I want in particular to add my voice on the progress that our great nation Zimbabwe has attained at this particular moment in the history of our country.

I would want to really celebrate, particularly, the fact that we are definitely on a pathway where, all Zimbabweans have heeded to the call which was made by our Principals in their wisdom; in particular, that, when they agreed to the Global Political Agreement, they said that they were determined that they shall set their differences aside and work together in order to solɶe the probleɭs thatȠbedevil our country.  In this particular matter, those very issues have indeed been set aside. I am particularly elѡted that耠we wouìd have a Draft Constitution that actually has the word ⁘happy’ in it, that actually obliges all State ⁘nstitutions and rgans to work in ⁘rder to fumfi|l nat䁩onal objectives tha6 are in pѯѬicy making a䁮` al聳o in ũmplementaѴion,0tha4 will lead the establishment, 聥nhancement and promotion of a sustainable, just, free and democratic society in which all people enjoy prosperous, happy and fulfilling lives. I want to congratulate the people of Zimbabwe for coming up with such a process and this product.

I must, as a matter of necessity and a matter of justice speak and refer to one group of people in the society of Zimbabwe.  These are women Mr. Speaker, Sir.  Zimbabwe has a very unique situation in the sense that they are not only 52% of the population, but that the women of Zimbabwe themselves are very hardworking and are important in our country.  The women of Zimbabwe also went to the liberation front and also fought the liberation war but alas Mr. Speaker, Sir, Zimbabwe continues to be a country whose present constitutional dispensation can be regarded as one of the worst Constitutions in the world as far as its treatment of women, the reason being that it does not accord women the status of equal citizens.  In fact the present Constitution gives license to discriminate against women.

Therefore, I want to particularly celebrate the step that Zimbabwe has taken in pushing to make sure that Zimbabwe departs from this particular sad moment and that in fact it is interesting to note that the Principals Mr. Speaker Sir, in Article 6 of the Global Political

Agreement that gave birth to this constitution making process, singled out only one sector of Zimbabwean society and mentioned it by name.  They did not mention any other group at all in the preamble in Article 6 that gave birth to this process.  They mentioned women only and they said that they were determined and that the new Constitution that arises from this process deepens our democratic values and principles and I quote “particularly, enhances the equal citizenship and dignity of women”.  I am therefore, celebrating again Mr. Speaker Sir, the fact that the women of Zimbabwe have indeed stood up to this particular task.  They were not found wanting and they did not miss this opportunity because in this Mr. Speaker Sir, it is most interesting to note that in the process of the Constitution Making the majority of the people who turned out in the Select Committee’s outreach meetings were women.  We have been told by the Co-chairpersons the statistics. There was a total of 441 238 women who turned up across the countryside at meetings. There were 416 272 men who turned out at outreach meetings.  What is most interesting is the difference that there were 23 966 more women than men who walked with their feet and spoke with their feet and spoke with their presence in these meetings.  Thus, there was 23 966 more women who turned out at outreach than men of Zimbabwe and the total number of youths who attended these meetings was 253 240.  That means apart from the fact that of course there are some women who are also youths, there were 187 998 more women than youths who turned up in physical presence at these meetings.

Mr. Speaker Sir, I thought it will not do justice for the history of Zimbabwe not to record the very vocal, the very eloquent and the vociferous statement that the women of Zimbabwe made in this particular process.  Mr. Speaker Sir, cynics might want to explain away the overwhelming presence of women in this process by saying that possibly women are the majority of the unemployed and so they have a lot of time on their hands and that is why they turned up for meetings.  Mr. Speaker Sir, I would hasten to state that, that would clearly be not the case because this turnout has shown that instead, the women of Zimbabwe are very conscious of the importance of themselves in the life of their nation.  Indeed they care about their country.  They are interested in how their country is run and that they are determined to play a part in the solution, through this particular process and to also reverse the unfortunate and unacceptable constitutional state of their status.

I would also hasten to add that in February 2012, that is last year,

Zimbabwe being party to the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) presented its second, third, fourth and fifth reports to the CEDAW Committee.  At that presentation in Geneva, Zimbabwe caused concern to the CEDAW Committee.  The CEDAW Committee raised concern with Section 23 (3) of the present Zimbabwe Constitution which gives licence to discriminate against women.  It in fact gave Zimbabwe about 18 months to rectify this situation and Mr. Speaker Sir, I am indeed encouraged and indeed happy that this process has taken us this far and now the draft constitution does in fact give Zimbabwe an opportunity to actually rectify that anomaly and to meet its obligations in terms of

CEDAW.

With that, indeed we would have a Constitution that eliminates discrimination against women.  Further again the SADC Protocol on Gender and Development which this very Seventh Parliament ratified in terms of Article 111B of our present Constitution, there is Article 4 that requires that all SADC member States such as Zimbabwe, must by the year 2015 ensure that Zimbabwe has a Constitution that enshrines gender equality and eliminates discrimination.  It is therefore, in light of these imperatives that it is to be celebrated that this Draft Constitution that has come out of this process does indeed put Zimbabwe well on the path to fulfilling its obligations in terms of the SADC Protocol on gender and development.

I will therefore, Mr. Speaker Sir, want to add my voice to celebrate this process and the stage that we have arrived at and to indeed venture to say that the COPAC draft and the COPAC process that has been tabled before the House is a tonic and maybe indeed the panacea to the ills that have bedeviled the very unacceptable status of women of

Zimbabwe itself.  It even goes so far, and we should celebrate, as to make a breakthrough and to depart from the very unfortunate legal tradition that has been used in the interpretation of statutes whereby the masculine is said to include the feminine.  This Draft Constitution departs from that tradition and indeed makes a breakthrough in referring to women specifically and using very gender sensitive language in referring to people as either “he” or “she” and not anymore including the feminine in the masculine amongst all the other things that it does.

I would hasten to say that this Draft Constitution may very well be the best thing that has happened to the women of Zimbabwe as far as their legal status is concerned since the Legal Age of Majority Act was passed in 1985 in order to stop African women from being regarded as perpetual minors.  That did not go far enough because at law Mr. Speaker Sir, the women of Zimbabwe are still not considered as equal and this Draft Constitution does indeed give a chance to complete that process and to make Zimbabwean women full citizens at last.

I wish to just end by also paying tribute to all the people who sacrificed their time and their effort and indeed their determination in this particular process.  This process has not come cheap.  At least one person paid for this with his life.  There was one person called Chrispen Mandizvidza who paid the ultimate price at Mai Musodzi Hall in Mbare during the outreach process in Harare in September 2010; but it is to be celebrated that this was a process in which he would not have lost his life in vain because in this very difficult and painful process,

Zimbabweans have found each other.  We have found each other and we have come to respect each other; and indeed we are moving forward together as a nation; and that indeed we may live happily ever after, hand in hand in the light od this Draft Constitution.  I thank you Mr.

Wpeake2 Sir.

 

         VHE MINISTER ࡏF WO䁍EN’S AfFAIRS, GENDER ANT COMMUNITY DEVELOPMENT:  Mr. Speaker S⁘r, I wish t䁯 add

my voic⁘ to the celebratkry noteРas a member of the select committee.

I Want to make two points.  Many times 䁉 hear people say proudly

Zimba䁢wean, it sounds like we aѲe copying.  I always†feel ,ike we should say uniquely Zimbabwean.  This p⁘ocess nf Constitutɩ/n Makine ha{ proved to me once more!uhat we are a very unique people.  There is no other country under the sun which has made its Constitution in the manner we have done in a very participatory process.  Participatory that starts from the grassroots right up to our principals and reflect the totality of that society.  So I just want to celebrate the uniqueness of Zimbabweans as demonstrated in this very democratic and participatory process.

The second point I want to make Mr. Speaker is that the environment we started in was very polarized as previous members have said but we have proved one thing that by having a unity of purpose we are able to achieve what we want or what we set out to do.  Several times I have said to my colleagues in the Committee that whenever a group comes to work together, whatever group it is, it goes through four processes.

The first is the storming.  When you are trying to find each other there is some stormy exercise and we did have quite a good number of those but at the end we were even able to laugh about who we were in April 2009.  Then we come through the process of forming.  When we had found each other, we were even forming sub-committees, friendly relationships and so forth.  Then we went into performing and in the process of performing, we set certain norms.

I am making that point as we go for the Referendum and for the elections; I hope we can carry the spirit of performance that we have established through the Draft Constitution as well as the norms of working together to achieve a common purpose.  The common purpose is, for every Zimbabwean to say this is my Constitution because I participated in the outreach, uploading, drafting or even reading.  I want to appeal to Zimbabweans to please read when the Draft becomes available through the media, websites and copies that will be distributed.  One of the disturbing things that I went through as a Committee Member was to find people saying things that were incorrect because they heard from somebody else.  They did not read.  It is very important that Zimbabweans take ownership of the Constitution to make it their document, to internalize it so that when the opportunity or the need arises they can use it because they have read it and they are able to use

it.

I was watching a documentary on Venezuela.  Some American journalist went to do a documentary on Venezuela whilst they were in

Chavez’s Palace, a coup took place and they were locked up in that Palace and Chavez was taken out to some Island.  What restored normalcy was the people coming out and saying no, our Constitution does not allow that.  The people of Venezuela had read and understood their Constitution.  They marched enmass to the Palace and that was the end of the coup.  The documentary ends with Chavez coming back because the people were guided by their Constitution and they acted on

it.

was watching a documentary on Venezuela.  Some American journalist went to do a documentary on Venezuela whilst they were in Chavez’s Palace, a coup took place and they were locked up in that Palace and Chavez was taken out to some Island.  What restored normalcy was the people coming out and saying no, our Constitution does not allow that.

The people of Venezuela had read and understood their Constitution.

They marched enmass to the Palace and that was the end of the coup.

The documentary ends with Chavez coming back because the people were guided by their Constitution and they acted on it.

I want to urge Zimbabweans to participate in the Referendum through reading and supporting the Constitution.  I thank you.

+MR. F.M. SIBANDA: Today I want to speak like an activist.  I thank you and I am also happy because a child has been born in

Zimbabwe.  I started the struggle in 1965 when I was at Gloag Ranch Mission.  Up until now a child had not been born, so I would like to say congratulations Zimbabweans and congratulations children of the soil because Prophets like Jeremiah have failed.

That was my introduction, now I am switching over to English so that we can move together. 

Mr. Speaker Sir, I always quote lessons from history.  In South

Africa, there was CODESA and Mr. Cyril Ramaphosa, now the Deputy President of the ANC.  He was one of those activists who did the donkey work but he was not selfish.  For almost ten/fifteen years, he went to business and did not hurry to take political posts.  So, this to me is a lesson that when we work for people, we should not seek recognition but God will bless us.  A constitution to me is a social contract between the governors and the governed and it has to show what I would call constitutionalism.  Yes, our Constitution is second to none in Africa in general terms but we have to uphold the spirit of constitutionalism and political will so that the implementation thereof becomes reality.

I would like to thank the negotiators of the GNU to have come up with the mechanism of constitutional making process.  If it were not for the negotiators from the three political parties together with the Principals, the process would be a pipedream.  More importantly, I am calling for recognition to be extended to all members of Parliament, technical staff, drivers who made this a success during an outreach programme where we were infested by malaria and other ailment because of dedication to duty.

More importantly Mr. Speaker Sir, I am indebted to the COPAC

Select Committee, co-Chairs and the Management Committee, the

Principals and I therefore propose for recognition of all who made the process a success.  But, how should we not recognize the current crop of heroines and heroes of this continuous struggle in Zimbabwe?  How should we not recognize the people who struggled throughout up to date, it is a food for thought?

However, as I have quoted history, in South Africa, the most hated apartheid President who was converted the last minute like Paul on his way to Damascus was awarded together with the icon of Africa, Mandela.  They were awarded for bringing peace and tranquility to

South Africa.

At this juncture, I do not want recognition personally, but people have to recognize that there was a young lawyer by the name Douglas Mwonzora and an elder lawyer by the name P.M. Mangwana.  There was a social worker, an agronomist by the name Mkhosi.  These names should go into the annals of history and be awarded recognition.

We have also to go further and say who did they work in tandem – the Management Committee.  I cannot name the names because I might miss some but I saw my muzukuru Priscilla Misihairabwi-Mushonga.

Hon. Tendai Biti was there.  Hon. Chinamasa was there, Hon. Goche was there.  There was Hon. Mangoma and others but others I do not mean to demean you.  It is my memory that has elapsed because of age, maybe.

Hon. Members, I need to applaud the preamble of the Draft Constitution.  It recognizes the following among others – not in order of priority – the Almighty God.  If you would get a bill of the American

Dollar, and surrender the money of their bill to God.  They trust in God.  This Constitution to me is dedicated to the Almighty God.  If we fail to implement that, we will be charged and cursed like Nebuchadnezzar who did not follow the tenets of good governance.  The preamble also considered the following; freedoms, justice, gender equality, heroic resistance to colonialism, racism, tribalism and all forms of domination and oppression by man.  It also reaffirms the upholding and defending of fundamental human rights and freedoms.

le sets the motion and intended national objectives and obligation.  In and outside

I was touched when Hon. Majome was talking about this Constitution protecting girls and women – that is understood and I applaud her for that.  When you refer to Section 82, it refers to the protection of the elderly.  All of us were young, we are growing and ageing.   It is unique in Africa that people of my age will enjoy before we die.  In Botswana there is a policy that every elderly person of 60 years and above will have a pension to sustain them.  I will never be a ghost or tokoloshi when I die because my heart is clear now that after working over four decades in the struggle physically, I have achieved a document for my great grand children.

Lastly, hon. members, I want to end on a very high note.  The people of Zimbabwe are unique.  They are stubborn in nature but reasonable in resolution.  I need to congratulate ZANU PF which is formerly ZANU and was formed in 1963 by my cousin Nkala.  I was still energetic and I was there that time.  I also need to congratulate the

Movement for Democratic Change and Movement for Democratic

Change Green because we are one.  It is a matter of perception and leadership personalities.  We are one.  To me as a senior elderly backbencher, I am applauding and appealing to members that these political parties should implement the road map to elections and get rid of violence, intimidation and vote buying so that whoever wins becomes our national President.

In short, I would like to thank the Principals, Members of

Parliament who went out there, the management committee, the staff of Parliament and even our Clerk of Parliament.  There was a time he was

very instrumental; more importantly, our Speaker of Parliament for

navigating this massive ship that has borne a new child here.  I thank

you.

*MRS ZINYEMBA:  Thank you Mr. Speaker.  I feel very free to debate in my mother language.   I will therefore speak slowly to enable interpreters to interpret perfectly as we have in the past had a culture of distorted speeches in the Hansard especially when we make our contributions in Shona or Ndebele.  First of all, I would like to thank my God for working with the people of Zimbabwe in the writing of our Constitution which we are debating today.  Nobody may dispute the fact that when this process started, we had problems amongst ourselves here in this august House.  We nearly had physical fights because of the misunderstanding of the Constitution making process.  But I would like to thank the Lord because in the end of the misunderstandings created a platform for unity amongst the people of Zimbabwe.

You will notice that during the outreach process there were lots of suspicions amongst us during the early stages.  This went on for nearly three weeks but at the end of the outreach process, we were united and shared whatever we had regardless of our political affiliations.  The unity which was brought about by this process should be upheld so that we protect the Constitution in the coming processes.

We also noticed that members of the Select Committee also had problems.  We read about it in the media but we thank our dear Lord for being in charge and peace prevailed. Finally, we have our document – the Constitution of Zimbabwe.  My observation is that when you go to our constituencies and discuss the new Constitution, none of the electorate will begrudge us because the information gathered during the outreach process is what makes up this Constitution.  In each Ward, three meetings were held so that the public would make their contribution for inclusion in the final document.

The chance given to the people showed that the document is truly theirs. Even as we leave this august House and give feedback, we should not be afraid because they spoke and we listened. All we have to do is to explain the modalities in the crafting of the final document but all the material came from them. We thank the writers of the document. Do not be afraid of going back to the people because you are giving them what they proffered.  All that was done was to treat the material technically and we are assured that as far as feedback is concerned we have no fear - we did a good job.

As Africans in this country who were oppressed we want to thank the public’s contribution and the technocrats for a job well-done for us, the people of Zimbabwe, that we are united, we are able to do our things on our own.  We were hearing stories about donors that helped us but no one came in saying Mwonzora, Mangwana and Mkhosi – even the negotiators, no one directed you.  You did it all by yourselves in your

God given wisdom.  We would like to thank you for that, for there was no outside interference.  We should be proud of that and also that we are no different from the other nationalities despite colour – our blood and intelligence are the same or even much better.

For us Zimbabweans, this Constitution has taught us that if you visit other countries, our children are more educated and hard-working.  This idea of going for greener pastures, they are going there because they are sharp; if it were not that, they would be beggars out there – they even have better jobs in the education and health sectors.  We should cherish that as Zimbabweans, we are a peculiar people highly farvoured by the Lord.  We should also be grateful about the respect for one another that came about through this Constitution.  We started from the grass-roots up-to the Principals and our President stressed that the three of them were spear-headers and the baton stopped with them.  At the end we realized that they were our leaders whom we had put up-front.  So, we had to allow them to lead us and we listened.

Now, we are one family.  Even when Hon. Mwonzora and Hon. Mangwana were presenting – the whole House was in support for we all want to build our country.

Part of speech not recorded due to technical fault.

Those from the east have their meals whilst crossing their legs; the

Chinese use chop-sticks; what is going to distinguish us as

Zimbabweans?  We should cherish our identity through our Constitution.  I think I can go on and on but I just want to say, congratulations, we now have a starting point for the posterity of the next generation.  As we leave this House, let us go out in the same spirit of bringing peace, unity and harmony with the mandate that was given to us by the people of Zimbabwe.

Thank you, Mr. Speaker.

         +MS. D. SIBANDA:  I would like to thank the Select Committee for the good work that they did and I would also like to thank the whole of Zimbabwe for their sterling work and commitment in enabling us to come up with our new Constitution which we are debating on today.  I would also like to thank myself and on behalf of all the Members of Parliament who were team leaders, for working together amicably until we got to the end of this Constitution.

I am standing here as a mother looking at the Constitution with great joy on the realisation that most of our concerns have been addressed and noted in the Constitution.  We are overjoyed as the people of Bulawayo, especially the people of Bulawayo Central Constituency.  We were worried that maybe our concerns were not going to be taken on board.  Looking at this document, I can see that there is a 50-50 representation has been put into consideration - we are very happy about that.  As women we are over- joyed because we wanted the Constitution to state that we need to be respected and that has been included in the Constitution.

Looking at the Final Draft Constitution – Domestic Violence has been included and also the Gender Commission, these are Acts protecting us as women.  Looking at Devolution of Powers, the way that they have explained it and the six positions that were allotted to us as women at Provincial Council - we look forward to the forthcoming elections – the six positions will be reserved for women from different Provinces.  The gender sensitivity of the national budget is also appreciated as women are assured of getting their own share of the national cake.  We as women, were crying for our space and the addressing of the challenges that befall us – we are grateful.

On Children’s Rights – these were also included in the

Constitution.  Of particular concern were the rights of the girl child who was being forced into marriage at the tender age of 16.  As women, we were worried about that because we do not want our children to be harassed.  At least, now the girl child is not going to be forced into early marriage but only marries because she feels she is ready and wants to.  This will also allow the girl child to attend school just like their male counterparts and attain the highest degree of education.

On Health Care Services that have been included in the Constitution because most of the time our children were suffering.  In the past, we mentioned the issue of lack of sanitary wear for the girl child.  It was proving to be difficult for the girl child to get sanitary wear in terms of the health care delivery system.  The Constitution clearly states that these are the issues that Government should consider in assisting the girl child with.

THE ACTING SPEAKER: Order, Hon Member, can you confine

yourself to the debate about the process and discuss key issues and not go to the details of the Draft Constitution.

MS .D .SIBANDA: Thank you very much. I will stop here Mr. Speaker but I would like to thank everyone for this process and I would like to thank Hon. Mwonzora, Hon. Mkhosi and Hon. Mangwana. I would like to thank myself and other members of Parliament for carrying out this process and for representing everyone here in Zimbabwe and also I would like to thank the Chiefs and all the citizens of Zimbabwe. Thank you very much.

*MR. MHANDU: Thank you Mr. Speaker for affording me this opportunity to make my contribution on the Select Committee report.

Thank you to the co-Chairpersons, the Management Committee and the Principals because of a job well done. Their report is reflective of what was gathered in the draft programme. I am one of the war veterans and I hope we are going to be respected and recognized and get the dignity that we deserve. During the outreach programme the people called for the recognition and respect of war veterans and collaborators. I am glad to say at last this has been included in the new Constitution.

We also hope that what has been stated in the Constitution is going to be implemented fully because previous experiences have shown that we are good planners but bad implementers. If we fully implement what is in the draft report Zimbabwe will be highly progressive and they will be unity of purpose in the country.

This has brought back memories of the time when I joined the liberation struggle and reasons why I decided to join the struggle for the liberation of Zimbabwe. Through the combined efforts of combatants Zimbabwe was freed and I am glad to say all what I fought for, after the struggle joined the armed forces, joined the political arena and now all my efforts have now been fulfilled. My hope and wish is that this Constitution is going to be accepted and adopted by the people of Zimbabwe.

Congratulations to the Select Committee for including the wishes of the people of Zimbabwe who include the young and the elderly and women. War veterans, collaborators, ex-detainees and the men and women who supported the struggle are happy at the outcome of their contributions. Once again thank you to the COPAC Select Committee.

* MR. MUDAVANHU: Thank you Mr. Speaker. I start by

thanking the Lord above for giving the children of Zimbabwe an opportunity to draft their Constitution. God also gave wisdom to the

Principals who ably guided the process. I also want to thank the Select Committee members for a sterling job. May the Lord bless them? Of course we know that we lost some of our members during this process but we also thank them for their contributions before their untimely departure. May their souls rest in peace?

The other aspect of the Constitution making process which came out clearly was that it was a unifier. There was no partisan politics.

During the outreach programmes we visited some areas which in the past were no go areas to people of other political affiliations other than the dominating party. But happily enough because of this process we were able to operate in them and interact with the ordinary citizens in those areas who gave their contributions.

The Constitution making process took a longer time than was expected, to such an extent that the people of Zimbabwe were querying our capabilities and will to write the Constitution. There were also rumours that some members of the Select Committee were retrogressive in their approach. I am glad to say the people of Zimbabwe are happy to see the final document which also shows the importance of unity with no partisan politics disturbing progress.

I would like to repeat what has been said by Hon. Mhandu who spoke before me and I appealed for the full implementation of the recommendations of this document. I am also happy to mention that in the Bill of Rights, health rights have been included. I am a member of the health personnel, as a result I am very glad because of this inclusion.

A healthy nation is a developing nation. In conclusion, I would like to thank all the people of Zimbabwe for the support they gave in this process.

                                    THE MINISTER OF SMALL AND MEDIUM

ENTERPRISES AND CO-OPERATIVE DEVELOPMENT (MRS.

NYONI): I want to join my colleagues in the House in thanking all the MPs especially the COPAC team. Mr. Speaker Sir, if you look into history, most good things happen within three years. If you look into the life of our Lord Jesus, he did all what he did and all what we are following today in three years. So our Constitution is significant. I want really to say because we did it in three years and all the miracles that we are now emulating in the Bible, Jesus walked and worked for three years, so thank you very much for that.

For the first time I think every Zimbabwean wants everybody to look at us as a nation. We have something to show, something to be proud of, and something that has united us regardless of political party, gender and background.  I think this constitutional making process was really a unifying force. I want to thank our Principals because they were very strong. Towards the end, a lot of us wondered whether this was really going to go through but they steered and guided the process to conclusion. I hope that, we, as leaders in our constituencies we emulate

this.

I remember that when this process started especially during the outreach, there was a lot of confusion and a lot of division even at constituency level. I remember in my own constituency people still thought that it was their group that had to speak and not the other group. When meetings were called others would disrupt meetings. For us to have come out of that and come out with a Constitution that is responding to everybody, that is talking to everybody, that is representing everybody, I think as Zimbabweans we must really stand up high and be proud.

I hope that like some of the speakers have said, we do not live this Constitution only in writing but we internalize it and live it. I read most of it last night and I think it is one of those documents that any nation would be proud of. It is one of those documents that really represent even the poorest of the poor. I want to thank all those of my countrymen and women that spent sleepless nights, that spent energies trying to put this Constitution together.

My last point is that, I hope that as Members of Parliament we can go back to our constituencies with the spirit that this Constitution carries to unite the people from grassroots up to our principals. I think that when our principals say peace begins with me especially President R. G. Mugabe, all the time before we start any Politburo meeting – we all have to stand up and say “Peace begins with me, Peace begins with you, Peace begins with all of us”. This is what this Constitution carries and we hope that all political parties will carry that to their constituencies.

I am proud of our President and our principals that they have been able to unite the nation and together we will make Zimbabwe great.

*MS MUCHINGURI: Firstly, I would like to thank the Select Committee for a job well done especially their commitment and perseverance. I know that we once harassed and scold them. We even went to the extent of referring some of them as sell-outs but this did not deter them from doing their work. I know that they had sledpless nights knowing that by the end of the day we wi⁘l thank them as a nation for bringing peace and development inРour country. Vheir names will be written in history ⁘ooks ⁘or aȠjob well d• ne.

I have noticed that theyĠforgot to write our namec iî their report. I hope and t䁲ust that they will re}ember us. I would like to thank the people of Zimbabwm, our ⁘otheѲ{ and fathers for the maturity⁘t(ey shoɷe⁘ in handlino this ⁘rocess beţause there was o tolerance and acceptance of different views to start with. I would like to thank them for rising above the situation.

I would also want to thank our principals. I remember them addressing the Select Committee that the constitution making process was theirs and the committee should not hijack it. I think this includes us from Parliament as well but we were whipped into line. When we were at each other’s throat, they disciplined us. Talking from the point of view of JOMIC, we also did a good job by making sure that sanity prevailed that there was no violence in the country and people tolerated each other. There was unity and not hate speech.

If our late Vice President, John Nkomo was here, he would have all the reasons to celebrate because he was the Chairperson of National Healing Organ. He urged us to forget our differences. I think he was instrumental in the Unity Accord between ZANU PF and PF ZAPU. Using that experience, the organ on National Healing was strengthened in uniting all the people involved despite their political affiliation. He associated with all the people and he could come in where there was stalemate. He knew that where there were two people involved, conflict was also there. He knew how to manage conflict. I think his soul will rest in eternal peace.

I would want to thank our NGOs especially Women’s Coalition who managed to bring together the NGOs in the area of research in our region and beyond in terms of gender equality. They arranged workshops for women so that they knew about their rights. I also want to thank the Ministry of Women’s Affairs because they worked very hard

in educating the women on issues of CEDAW and SADC Protocols by bringing out how we were lagging behind as Zimbabweans.

I am proud today that Zimbabwean fathers will be proud that their girl child is going to get political, economic and social rights which are equal to the boy child. It is really an achievement for men to talk about 50-50 gender equality and that is development. There was a lot of resistance. We were looked down upon, so NGOs should keep on brining us together and make sure that they have educated the rural people to understand about the rights of women. What really made me happy was that they demystified the idea that the Constitution was for the lawyers. They used very simple language. Even our Draft Constitution is very different from the other Constitutions of other nations. So our document is user friendly as long as you can read Shona or Ndebele and the other languages.

I would also want to thank the people of Zimbabwe for allowing war veterans, war collaborators, ex-detainees for recognising their contribution in the Constitution making process.

Their contribution was not being taken into account.  Some died and some of them are still in the bush.  Although they are not present, I think they will now rest in peace.  I would like to say as war veterans, ex-detainees and war collaborators let us not forget that it is the majority of Zimbabweans that have cherished the contribution that was made to the development of the country.  The unity that we are now enjoying has shown us that it will not help us to scold each other or to blame each other.  We want to use our energy fruitfully in developing our country.  We have learnt that where there is unity, there is development.  So let us go forward with development.  We brought to shame those who thought Zimbabweans would not be united.  They wanted us to be called at the UN Security Council, I think now they are ashamed.  They are ashamed of their thoughts because they have seen that Zimbabwe is united.

I can see that there are others who want to campaign for a No vote.  We say that because of democracy, people are allowed to do that but we want to teach people that people should move together.  People should be taught that when the train is moving, follow the train because some of these things will cause us to move backwards instead of moving forward.

I would want to urge hon. members not to spend a lot of time debating on this issue because the main task is to campaign for a Yes vote.   Women are very happy because of affirmative action and proportional representation.  The Women’s League have really benefited from the Constitution, we are looking forward to coming to Parliament as soon as possible.  I would like to thank the men for supporting us.

Thank you.

*MS. KARENYI:  Thank you Mr. Speaker for affording me this

opportunity to debate on this motion.  I would like to congratulate the drivers of the train who were driving this constitution making process.  I thank the Hon. MPs for a job well done.  I would also want to thank other Hon. MPs who were not in the Select committee because they also worked hard.  During the outreach process, we went to places which were very volatile where people would throw stones and mud.   I just pray that that spirit would remain in us so that our country will move forward.

I would also want to thank the Principals for making sure that this draft constitution was quickly brought into the House.  People out there were now wondering what was happening because they had waited for a long time. I am so happy that the issue of fundamental human rights and the freedoms have been included in the Constitution.  I was really happy because of the freedom of expression and freedom of the media.  I saw the media people here in Parliament.  They need to be reminded of what is in our Constitution; that they should report fairly, without fear or favour.  Since we are looking forward to elections, I hope all the parties are going to be accorded space in our media.  If Mr. Chimuti is contesting to become the President, he should be heard on ZTV.  Hon. Chinomona has just said that she also should appear on ZTV, all of us including women, it is not men only who must appear on ZTV.  Every party should be given the opportunity to sell their party policies.  I am so happy because this will make our country develop.  The other issue is political rights, everyone is free to choose their own political party.

These are signs of development.  We are now moving together as Zimbabweans for the betterment of our country.

I am also happy as a woman as my daughter-in-law Hon. Muchinguri has already said, we are happy because one of our leg is already in Parliament before elections.  So as women this is very important for us because during the outreach process, men were at the forefront advocating for women’s rights.  I would like to thank the men for helping us to come up with this good document.

The previous speaker was talking about affirmative action.  If you look at the results of ‘A’ levels, more girls passed than boys.  This shows that the girl child is now empowered because of the rights which have been enshrined in our Constitution.   On behalf of myself and my constituency, Chimanimani West, I would like to thank you for a job well done.  This country will be at peace because no one will be above the Constitution.  The security sector and the uniformed forces, all of them will be governed by this Constitution.  Lastly before I sit down, I am happy with the issue of citizenship, it was us women who were affected because some of us would be married to foreigners.  So with this Constitution, everyone who is born in Zimbabwe is a Zimbabwean child and they have their right to vote.  I would also like to thank you Mr. Speaker for directing this House because Parliament is you and we follow behind you.  Thank you very much.

THE CO-MINISTER OF HOME AFFAIRS (MRS.

MAKONE):  I just want to add my voice to those of my colleagues who have spoken before me to particularly appreciate the work done by the Select Committee of Parliament, COPAC, led by our three CoChairpersons.  I also want to recognize and thank the management committee as well as the principals who also played a very big role in unblocking some of the deadlocks that came about.  What is most important, I think is that as Zimbabweans we must now become people that are constitutional.  It is one thing having a very good Constitution and quite another when it comes to implementing it, practicing it and respecting it.  So, what is important now as far as I am concerned is that all the people of Zimbabwe, the old women in the rural areas, and the children of the country must be taught the importance of this sacrosanct Constitution.  This will enable them to fully appreciate their right, so that never again will the people of Zimbabwe be deprived of their rights.  As Hon. Minister Muchena said about that documentary on Chavez, the people of Venezuela understood their Constitution and they were able to overturn a military coup.   I think that before we even go to the Election this year, all the people of Zimbabwe must grasp this Constitution and understand its contents.  They must understand their rights so that no one is deprived of them, and no one exceeds their boundaries at whatever level of society they may be.  So, Mr. Speaker, while I appreciate all the work that has been done, while I want to shame our detractors, while I want to celebrate this Constitution, I still want to say, may there be no reservations about the implementation of this Constitution.  Therefore, it is very important that that Constitutional Court be one of the first institutions to be put into place before we go to elections so that the people of Zimbabwe can exercise their right to challenge whenever their constitutional rights are trampled upon.  I thank you.

*MRS MATIENGA: Thank you Mr. Speaker, for according me

this opportunity to air my voice in line with gender as the Chairperson of Gender.  Most of the things have been said already, I will just pick here and there to show my presence.

Firstly, I would want to thank the Select Committee for the job well done in producing this document.   I am so happy that the Final Draft is out, a thing we did not expect.  Even though there were challenges here and there we ended up as one family.  I would like to thank, especially, the women who were in the Select Committee.  These women worked very hard as they would give feedback for direction.  This has made women to be remembered in this Constitution, first of its kind.  What I want to say is that the girl child was not recognised. We did not have the right to education; we would only go as far as Grade Seven and pave way for the boy child.  I am so happy that finally we are being recognised as people and mothers.

Coming to health, women are also given precedence.  Coming to official languages, we are being recognised.  We find that English was the official language, therefore it was used more than Shona.  You find that even most of our children do not know Shona.  Now all the languages are being recognised.  This should cascade to schools as well so that when children are growing up they know all the indigenous languages. This will help us when we travel around our country, we will not be limited.

Coming to the elderly, I know this has been talked about but I am happy that elderly people are now recognised because they worked for this country.  Coming to citizenship, citizenship is now looking at anyone born in Zimbabwe being now recognised as a Zimbabwean. It was a problem for our foreigners who were born here; we were not recognising them as Zimbabweans.  I think those outside are happy that Zimbabwe is a welcoming country.  I am grateful because our Constitution came out so well.  We should continue in this unity and spread it outside.  I would also want to thank the Principals for coming in on the issue of homosexuality which was bringing divisions amongst us.  I am thankful to our President who clarified the issue at the Second All Stakeholders meeting.  People were misrepresenting the facts but the President looked at the Draft Constitution and nothing to that effect.  I am so happy because the President dealt with the matter and peace followed thereafter.

Now we are talking about our own Constitution and I am happy to be part of this even if I die now.  I would like to thank all the members of Parliament for their hard work, it was not easy during the outreach programme because of financial constraints but we soldiered on.  I hope that, that spirit of unity will remain in us because when we were going out we were one; we would give each other chances to open our meeting.  Now that the Constitution is out, let us go and tell our people that it is now out and where there is good, bad is also found but we will conquer even up to Elections.  I would like to thank you Mr. Speaker for according me this opportunity, now I have something to contribute in the

Committee tomorrow.

I would want to thank the Ministry of Women’s Affairs for their

advice and input.   I hope that they will remain like that up to the Referendum and to the adoption stage.

         *MRS MAHOKA:  Firstly I would like to thank Members for the report has shown that they have done a good job.  It has also been noted that in the course of their duties some MPs lost their cars due to accidents and other mishaps to such an extent that some of the cars were right offs.  This did not deter their effort of going through the process of the constitution making.  Their zeal in the outreach programme despite the difficulties they faced, showed that they wanted to get the views of all Zimbabweans in their respective areas regardless of their remoteness.

Once again thank you to the Select Committee for a job well done.  The members of this Committee were verbally abused and at times called names such as retrogressive elements and sellouts but they soldiered on.  We are happy to see the outcome of their resilience.  The hostilities they faced encouraged them to pursue their intended goals.  I am also happy to say that this report has shown that we are happy in this country because of the unity we have through the liberation struggle, also noting that some of the combatants died during the war and some outside the country.  I am so happy to note that the Constitution has included the rights of the combatants, war collaborators, ex-detainees and the parents who supported this struggle.  Honourables Mwonzora, Mangwana and Mkhosi, thank you for a job well done by taking into account the contributions made by the ordinary people who cooked sadza for the freedom fighters during the liberation struggle when we included their rights in the Constitution.

I would also like to thank male members for the good work you did.  You were the first to encourage contributions on equal rights as you were guided by female members of the Select Committee.  You did not uphold your male ego but you were prepared to humble yourselves and accept contributions which led to the uplifting of women.  You showed that you appreciated the fact that you had your chance of ruling the country.  It is now the turn of the women folk to take up the reins on a

50/50 zebra formation.

This is the second aspect of the development of women in this country.  The first aspect is that, during the colonial era, women were treated as minors who had no right to identity cards, even birth certificates were not issued to women.  This archaic law was removed by our dear President thus elevated the status of women by offering access to national identity cards (zvitupa).  I would want to salute men for willing to share with us the reins of power, women are now rulers.

Thank you for listening to women’s concerns in the select committee and in Parliament.  When God created man, he knew that he had built a car for the man needed an assistant.  Women will show that they are able assistants.  During the war of liberation, women combatants fought side by side with their male counterparts and shared responsibilities equally without discrimination.  Women are also able to knock down enemy war planes as was done by their male counterparts.  Thank you a hundred times for affording women a chance to make their contributions in development of their country.

I have also noted that men’s period of promiscuity has come to a grinding halt because as women, we are now protected by the

Constitution.  You are forced to follow what the Constitution says on the rights of women and the girl child.

I would like to thank people from my Constituency in Hurungwe for their contributions during the outreach programme.  These people are happy because their contributions are included in the Constitution despite the remoteness of their area.  They are now aware of the fact that this is the people’s Constitution, for the people, by the people and has brought unity to the people of Zimbabwe.  I can now eat sadza in any homestead without fear.

I would also want to thank the Principals for their wisdom and guidance during this Constitution Making Process. Let me conclude by saying to the men folk here we come beware because of the 50/50 representation in Parliament tapinda tapinda.  Thank you Mr. Speaker

Sir.

                      *MR. MAKUYANA:  Let me start by congratulating you Mr.

Speaker for guiding parliament through this historic occasion.  You will go down in the annals of the history of Zimbabwe as one of the greatest speaker this country has ever had because of your leadership through the Constitution Making Process.  I would also like to congratulate our principals Cde. Robert Gabriel Mugabe, Hon. Morgan Tsvangirai and Hon. Prof. Arthur Mutambara for their blessed guidance.  Thank you to the management committee for contributions made, thank you to the core-chairpersons, Mr. Mwonzora, Mr. Mangwana and Mr. Mkhosi for your resilience.  These gentlemen came from different political parties but because of their commitment to their duty, they became more than friends but relatives and patriots.

At the start of the Constitutional Making Process they encountered some teething problems to such an extent that this document could have become the Kariba Draft, the Sheraton Draft or any other drafts that were crafted in this country, but they remained resolute so that we have this people’s Draft.  Congratulations to the Seventh Parliament of Zimbabwe.

May I congratulate the people of Zimbabwe for putting their heads together in drafting this Constitution.  I say so because in some countries the constitution making process is a preserve of the elite and the educated such as lawyers or any other legal fundis but Zimbabwe is outstanding in that this process was held with the participation of people from the remote areas of the country and at times of low literacy.

I also want to congratulate our technocrats for making this document compact.  One would have expected it to be a voluminous document but they managed to include everything which came from the people in the compacted document.  I can mention the Indian Constitution which I know; it is has many books touching the different aspects of their Constitution but Zimbabwe has produced a single compacted but all inclusive document.  You need years of continuous study to master the Indian Constitution because of the many volumes.

Congratulations to the Seventh Parliament for a job well done and the God given leadership.

As ordinary MPs some of us had no idea of the law making process but thanks to this Constitution making process.  We will not be easily fooled by lawyers because of the knowledge we have gained from the preamble stage to the conclusion.  The knowledge so gained will also be shared amongst our families and future generations because of the participatory nature of the Constitution Process.  Traditionally such knowledge was shared through story telling but now we will be talking of the Constitution Making Process and legal matters.  Most of the people in the country will be aware of their constitutional rights.

One of the roles of Parliament is Oversight.  Mr. Speaker Sir we hope that this function will be implemented by Parliament following the adoption of this Constitution and its interpretation.  It is one thing to own a good piece of legislation and it is another to implement and interpret the same.  As Parliament we have to make a thorough follow up on the Commissions during the implementation period.  I had no intention of contributing in this debate but I felt overwhelmed by the good news.  I also feel proud of the fact that even if I die, I have left a legacy on the Constitution which was crafted by the Seventh Parliament of Zimbabwe.

May I also take this opportunity Mr. Speaker Sir, to ask you to congratulate yourself for leading such a noble cause.  You should hold your head high when you are in the company of speakers from other countries because you have done a noble job, on the Constitution of Zimbabwe.

1.   BEREMAURO: I do not want to be left out in making contributions to such a noble cause.  For the first time in Zimbabwe, we have had a people driven Constitution because the Constitution we are using now is the Lancaster House Constitution.

During the outreach process, I was a team leader together with Mr. Nyaude.  You will find that we were suspicious in such a way that we were not able to give each other correct room numbers at the hotels where we were staying because of partisan politics.  I remember at one time, I asked for Mr Nyaude’s room number and he told me that he was in Room 2.  To my surprise, when I visited the room, I found that it was occupied by a driver.  Such was the lack of trust amongst us.  We regarded each other as ZANU PF and MDC.  At a later stage I discovered that Mr Nyaude was my cousin.

We also faced some problems in the Mashonaland West Province where we were operating, such as the loss of a driver, Mr Munodawafa who died in his hotel room in the evening after duty and he is one of the heroes of the Constitutional struggle.

In another nasty incident, Hon. Machacha lost his car in an accident which occurred when we were traveling from Kariba to Siakobvu. Mr. Machacha is one of the heroes of the constitutional making process because of his contributions.

I would also like to talk about the contribution made by Mr. Mangwana especially in the delay of payments which led to our expulsion from Twin River Inn Hotel and we ended up staying in Kariba.  As a result, we travelled 423 km from Kariba to Siakobvu to hold outreach meetings.

In one of these outings, we left our hotel at 5 o’clock in the morning and to our great surprise, we found that the road had been blocked by a herd of elephants.  As a result, we had to stop for about an hour waiting for the elephants to clear the way. Daily we traveled 846 km to and fro. The dedication shown by our people was aimed at the success of the Constitution making process despite all the difficulties they encountered.

I thank all the MPs for their contributions.  Now that we are going, first for the Referendum, second the elections, I hope and trust that there will be a new Government which is not of national unity because it is a disadvantage to the nation, the three-legged animal which thrives on a tug-of-war and the blame game amongst political parties.  We hope that the elections will give us one ruling party.

I would like to thank the hon. members for their contributions in this process.  This is a rare occasion which only happens once in a life time.  Let us now go back to our constituencies and give a progressive and developmental feedback.  We should go down to the Ward level and tell the people that we have come back to them to thank them for their contributions which were included in the Constitution.  This is every

Parliamentarian’s job and not Select Committee members only.  This is the people’s Constitution and we should be part of the awareness campaigns.

Thank you Mr. Speaker, congratulations Zimbabwe.

1.      MWONZORA:  Thank you very much Mr. Speaker.  I want

to start by thanking the Standing Rules and Orders Committee (SROC) of this Parliament for having constituted the Parliamentary Select Committee and laid the basis of the administration of the project.

Mr. Speaker, in that regaѲd I w⁘nt to thank you in person as the

Speaker of the House on Awsemblù and theɲ䁥fore as the⁘head of th⁘

SROC.  I, on behalf of members of the Select Committee, want to thank all our political parties for havinç repoce confidence in us anD all

Members of the Selec䁴 Committee who did not takå anything for graŮved.0 We ⁷ a䁮t0⁴ o thank the Hon. Members fo⁘`the role they pla聹ed throuGhgup thũs project.  First, in the Outreach Progɲamme – we know that they went through various hardships but this was in order to produce what is good for their country.

We also thank the hon. members for the role they played during the Second All Stakeholders’ Conference.  They contributed a lot at uniting people during outreach and during the All Stakeholders’

Conference.  Again, for the third time we want to thank the hon. Members for the very fruitful debate.  I think if there was anybody who was visiting the Zimbabwean Parliament for the first time, they would be unable to tell who belongs where.  We belong to one political party called Zimbabwe and the others are sub-political parties.

Mr. Speaker Sir, the women of Zimbabwe deserve special mention.  They took this project seriously.  The numbers during the public meetings spoke for themselves.  The women took this seriously.  They said what they said and with conviction.  They were persuasive and we were all persuaded and as a result we have provisions in the Constitution that fairly reflect the aspirations of the women of Zimbabwe.  We are very, very proud to be associated with all this.

After this Mr. Speaker Sir, we intend to embark on a massive civic education exercise and we will be requesting Members of Parliament for their usual assistance through your good offices Mr.

Speaker Sir.

We are going to embark on civic education so that the people of Zimbabwe appreciate what this Constitution says.  It is their document, they ought to know it.  They are going to mark us on this document and they need to do that with all eyes open.

Mr. Speaker Sir, there was a time we thought that this program was crumbling and during that time I said something to my colleagues.  In conclusion I want to repeat what I said.  We are in the most defining moments of the people’s struggle for democracy and justice.  This requires soberness of mind and a complete focus on the grand objective.  It requires sacrifice of narrow, sectional and often parochial interest for the common good.  It must always be remembered that the character of a people is shown by the way they traverse the defining moment of their history.  It is this that often becomes a source of great pride for the progeny of these people.   Having said that, I move that the motion be adopted.

Motion put and adopted.

Hon members ululated and broke into song and dance.

On the motion of THE DEPUTY PRIME MINISTER (PROF

MUTAMBARA), the House adjourned at Ten Minutes past Six o’clock

p.m.to Tuesday, 12^th February, 2013.