Both versions were used in determining what eventually went into the Draft Constitution. The
Thematic Committee discussions resulted in key reports that are contained in the National
Statistical reports that form part of this report. This information may become useful in future
national programmes as it is a result of meticulous attention by the participants. Subsidiary
legislation may find this mass of data useful.
The participants in the Thematic Committee discussions is appended to this report (Annex 3)
5. Drafting Process
After the Thematic Committees, which lasted thirty five days instead of the scheduled fifteen,
the Select Committee embarked on an audit and cleaning up of the work of the Thematic
Committees in readiness for the Drafting process. Quality Control became a central feature of
the constitution making process.
5.1.
Steps in the Drafting process
As part of the Drafting process, preparatory work was carried as follows:
a) The extraction of Constitutional issues as derived from the outreach process. These
are contained in a document entitled ‘Drafting Instruments’ which is also being tabled
for the consideration of this Honourable House.
b) The second exercise was to extract, from the list of constitutional issues, the list of
Agreed Constitutional issues that were to actually go into the constitution These are
also contained in the document entitled ‘Drafting Instruments’ noted above.
c) The Select Committee also developed 26 constitutional principles from the National
Statistical Reports to guide the drafting process. These are also contained in the
document entitled ‘Drafting Instruments’ noted above. Whereas in other jurisdictions
such as in South Africa the Constitutional principles were developed to guide the
views to be included into the constitution, the Zimbabwean approach was to derive
these Constitutional principles from what the people had said. It is what they said that
informed the Constitutional Principles rather than the other way round.
The exercise to have the above was undertaken in Masvingo at Great Zimbabwe from 29
October to 3 November 2011. The Select Committee, together with seventeen experts, five
drawn from each of the political parties in the GNU as well as two representatives of Chiefs
then went to Leopard Rock in Nyanga to consider the issue of gaps that needed to be filled in
order for Drafting to be undertaken. The one week of work resulted in the Select Committee
producing a ‘Document on Gap Filling’. There were gaps in the information that was
collected during the outreach programme. In some instances technical questions were not
addressed. People answered the question “what”, and did not address the question of “how”
they wanted the issues to be effected in the constitution. The Select Committee with the
assistance of technical experts then conducted a process of identifying and filling the gaps
47
The Constitution Select Committee (COPAC) Report to Parliament, February 2013
Select target paragraph3
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