Conclusion The present Constitution comes out very badly from this brief survey. The Executive dominates the other two arms of government and there are no effective checks on its power. It is hardly surprising that Parliament has become little more than a rubberstamp for the President’s policies, and that the Judiciary has ceased to be an effective protector of fundamental human rights. The Kariba draft comes out little better. The President will have the same power to summon, prorogue and dissolve Parliament as he has at present; he will have the same power to appoint members of the Senate; and, at least potentially, he will enjoy the same wide power to enact legislation. He will not, however, have quite so much freedom to appoint judges so the judiciary may be a little more independent. And, if the judges find the strength to apply it, the Declaration of Rights in the Kariba draft is much more comprehensive than the Declaration in the present Constitution. Criminal prosecutions, however, will remain in the hands of an Attorney-General who is closely linked to the politicians who make up the Executive. Under both the NCA draft and the Law Society draft there will be greater separation between the three branches of government, and the Legislature and the Judiciary will be more independent. The President will not be able to appoint members of Parliament at all under the Law Society draft, and the NCA draft will allow only 10 chiefs to sit in the Senate. Both Houses of Parliament will be able to decide when and how often they sit. The power of the Executive — the Prime Minister and his or her Ministers — to enact legislation will be more restricted. Judges will be appointed by an independent and transparent process and their judicial autonomy will be better protected than under the Kariba draft. If, therefore, legal theorists are right in believing that separation of powers in a State guarantees the freedom of its citizens, then the fundamental rights and freedoms of Zimbabweans will be better protected if they adopt a new constitution along the lines of the NCA draft or the Law Society draft, than if they opt for the Kariba draft. ___________________________ 35