and beneficial. There should similarly be strong links with COSATU. To accomplish this, the MDC needs a powerful secretary general. It is impossible for Tendai Biti to carry out this function effectively and to run the difficult Ministry of Finance. His skills and those of others such as Nelson Chamisa may be better utilised outside of government and within the party. Exercising Power Under the GPA. The group noted an apparent reluctance by the MDC (presumably on the basis of the policy outlined above) to exercise the little power that it had attained by virtue of the GPA. One of the concessions made by Mugabe was that the number of Ministers to be appointed to government would be limited to 31 with 16 from the two MDCs and 15 from ZANU PF. This was an important limitation on Mugabe's ability to dispense patronage, yet the MDC (unconstitutionally) allowed ZANU PF to swear in six extra ministers in exchange for an additional four of their own. These appointments are unconstitutional and should be challenged and reversed. Furthermore, the MDC should insist on strict compliance with the plain meaning of clause 20.1.3(p) of the GPA which requires that all appointments under any Act of Parliament or the Constitution be made “in consultation with” the Prime Minister. Since the passage of Constitutional Amendment 19, the phrase “in consultation with” means “after securing the consent or the agreement of”. Attempts to insist on the implementation of the GPA through the Joint Monitoring and Implementation Committee (JOMIC) were considered to be a waste of time given the powerlessness of the body and the failure of ZANU PF delegates to attend its meetings. The MDC Ministers should rather not attend at their offices or boycott cabinet until there is compliance. They could also engage in other obstructive tactics by refusing to sign documents that require ministerial signatures, slow down the processing of other documentation and similar such actions. If this fails, the MDC should point out to SADC and the AU that the current arrangement is unworkable and seek to renegotiate a viable deal. Problems with Civics The group noted the divisions within the civics and the lack of any co-ordinated response to issues that arise in the Zimbabwean polity. A case in point is the process of developing a new constitution for Zimbabwe. Some civics oppose the process on the basis that it is not “people driven” while others feel that civics should engage with the process despite its flaws and utilise the space provided. This fracturing within the civics works to ZANU PF's advantage, especially as they manage to present a single voice in matters such as this. While most civics expressed cynical views on the constitution making process and noted that the process is not moving forward and will not adhere to the time frames within the GPA, one participant indicated that it is important that different view points be respected, rather than a dictatorial “either you are with us or against us” approach which only deepened divisions. It was suggested that the civics should not dwell on issues that are divisive but look for common ground that will bring them together. It was noted that these divisions and fractured voices often emanate from a single NGO. For example, many trade unions are affiliated with the MDC, and, while wearing this hat, urge engagement with the constitution making process. But the same unions or an individual representative will urge disengagement when making an address as a part of the ZCTU which is opposed to the process. This is unhelpful and extremely confusing for people at grassroots level. The focus should be on positions that the parties can agree upon, such as what needs to go into the document to open democratic space, the media, etc, rather than the divisive issue of who writes the constitution. With the current stance being adopted by NGOs, it is possible that the opportunity to gain a new constitution for Zimbabwe will be lost. Instead of the civics taking charge, the issue can be discussed at grassroots level and people to people. 7

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