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ZANU PF’s allegations of gross irregularities in the drafting of a new constitution are part of its attempt to replace Copac-appointed drafters, particularly Justice Moses Chinhengo.
Chinhengo crossed swords with Zanu PF for passing judgments against the state in farm invasion cases at the turn of the century while serving as a High Court judge. He is presently a High Court judge in neighbouring Botswana.
Zanu PF and its affiliates, such as the war veterans and war collaborators, have fired broadsides at principal drafters, Chinhengo, Brian Crozier and Priscilla Madzonga, and called for the disbanding of the parliamentary process for allegedly including issues that were rejected by the people during the outreach meetings. The major issues include land rights, dual citizenship and homosexuality.
In a well choreographed move, the public media have jumped on the bandwagon and are publishing alleged Copac internal documents on views gathered from the outreach programme. Biased analysts and commentators have been roped in to rubbish the ongoing drafting process.
A Zanu PF insider said the party was against the drafters’ conduct, particularly Chinhengo, whom they had no faith in from the onset.
The source said: “Zanu PF was against Chinhengo’s appointment as a drafter and preferred Simbi Mubako, but they were convinced by Paul Mangwana to accept him. However, the unfolding events are forcing a relook at the drafters, especially their leanings to the British. The backlash would also sweep away Mangwana.”
Copac co-chairperson Douglas Mwonzora confirmed that pressure from Zanu PF to replace the drafters has been mounting since December.
“Initially in December 2011 we received such calls from Zanu PF to replace the drafters. However, we have resisted such orders to accommodate former Zanu PF ministers or MPs and ambassadors like Simbi Mubako as drafters. The team of drafters is the best we have and were chosen for their impartiality. We cannot afford to hire political appointees to come and promote narrow, parochial party interests in a national document,” Mwonzora said.
Mangwana could not be reached for comment.
Zanu PF politburo member and strategist Jonathan Moyo penned in his latest installment in the Sunday Mail that the constitutional review process should be disbanded and accused drafters of subverting views of people gathered during the outreach process.
Moyo wrote: “The die is therefore now cast. Elections will be held in Zimbabwe this year in accordance with the constitution, but without any reference to the Copac process, because that process has become irrelevant and useless after being hijacked by the drafters and those behind them who want to smuggle alien provisions that are detrimental to the views of the people as gathered during the Copac outreach process.”
However, Zanu PF spokesman Rugare Gumbo on Tuesday conceded that while the party was unhappy with the drafters, it was not seeking their dismissal.
“The drafters are not doing what they are expected to do,” said Gumbo. “They have considered including issues such as homosexuality, dual citizenship and land against the views of the people. The drafters have to follow the people’s views and we at no time discussed their removal. We are not interested in firing people,” Gumbo said.
Chinhengo resigned from the bench in February 2004 after passing a series of landmark judgments against the state. In 2002, he ruled against President Robert Mugabe’s proclamation against the holding of mayoral elections in Harare.
In passing judgment on the land question in April 2000,Chinhengo ruled: “The farm invasions are illegal. (The) Police commissioner therefore had a clear public duty to enforce the order of the court, remove the illegal occupiers and give the affected farmers a protection of the law.”
Chinhengo further ruled and ordered the police commissioner should remove invaders at Ian Kay’s Chipesa Farm in Marondera. He also ruled against Jonathan Moyo’s application in 2001 to gag the Zimbabwe Independent from publishing his alleged fraudulent activities at the American Ford Foundation in Kenya.
Chinhengo’s resignation was filled with political speculation, since most judges then were being hounded off the bench on allegations of supporting white interests. Among the notable judges who resigned then were Chief Justice Antony Gubbay and Justices Fergus Blackie, James Devittie, Michael Majuru and Sandra Mungwira.
Meanwhile, Copac spokesperson Jessie Majome said the committee was going ahead with the drafting of the supreme law in the Eastern Highlands.
“We have not officially been told of any complaints or threats to pull out. Currently, we are going ahead with our mandate after we sorted out the misunderstandings that had been made in the public media of late,” Majome said.
The constitutional review process is behind schedule having faced a number of obstacles ranging from funding to political differences. The coalition partners frequently get stuck in their entrenched political ideologies and are not ready to compromise even when it seems the logical thing to do.
Zanu PF and the MDC formations have made the constitutional review process another battleground for supremacy as they prepare for elections to end the current coalition government.
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