Zimbabwe Human Rights NGO Forum
president to dissolve Parliament and declare a state of emergency during which some fundamental
rights would effectively be suspended. Many commentators thought these proposals, which tipped
the balance of power further toward the executive, led to the rejection of the draft. These proposals
included:
(1) electing an executive president as head of state, with the sole power to appoint a ceremonial
prime minister accountable to the president and unable to appoint his/her own ministers (who would
be appointed by the president);
(2) extending presidential influence over the appointment of civil servants, military commanders,
police and prison commissioners, and judges (particularly to the proposed Constitutional Court)
through his/her control of appointments to the various proposed Services Commissions, and through
the continuing presidential appointment of the Attorney-General as a member of Cabinet;
(3) extending presidential control over elections to the legislature, by his/her direct appointments to
the proposed Electoral Commission;
(4) allowing the incumbent president to stand for another two terms, with no upper age limit on any
president.
All of these proposals contradicted what Zimbabweans told the Constitutional Commission they
wanted. What they wanted included: a ceremonial president with no immunity from prosecution; an
executive prime minister accountable to Parliament and presiding over a small cabinet;
parliamentary control of the executive; a prohibition on the existing incumbent running again for the
(ceremonial) presidency and a strict limit of two terms for future incumbents; a completely
independent judiciary, Electoral Supervisory Commission and media; a completely enforceable
declaration of fundamental rights, including equality before the law for all persons; and a small and
inexpensive legislature elected by proportional representation.
Notes
vii
Parliamentary Debates 25,65: cols. 4699-4708.
The Standard 2 May 1999.
ix
Daily News 15.9.99.
x
Daily News 15.9.99; Sunday Mail 24.10.99.
xi
Financial Gazette 28.10.99. He then asserted that he had been quoted out of context. In response, the Financial
Gazette ran a complete transcript of their interview with him (4.11.99).
xii
Financial Gazette 18.11.99; Standard 21.11.99.
xiii
Zimbabwe Independent 27.8.99, 10.9.99. Zimbabwe Independent 27.8.99, 10.9.99.
xiv
Zimbabwe Independent 26.11.99.
xv
Heneri Dzinotyiwei of the Zimbabwe Integrated Programme.
xvi
SI 405C/1999.
xvii
Daily News 8.11.99, 20.12.99.
xviii
Daily News 12.1.00.
xix
Draft New Constitution: The Full Text, as published by The Herald, 1 December 1999.
xx
The threat in the original clause, to seize land without compensation if Britain refused to pay, was publicly protested
by the Commercial Farmers Union in a full-page reproduction of their letter dated 18 January to the CC chairman,
Justice Chidyausiku (Daily News 7.2.00).
xxi
Eg Jonathan Moyo and Ben Hlatswayo in almost every weekly paper; Amy Tsanga, ‘Why women should vote yes’,
Sunday Mail 30.1.00, pp. 14,17.
viii
15
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