The Tsvangirai-led MDC party has begun a campaign for a “yes” vote to the COPAC draft constitution, stating that although it is not perfect, the draft would be an improvement on the current constitution.32 At its annual conference in December 2012 ZANU-PF expressed its disagreement with the MDC’s position on the draft constitution saying: [We are] outraged that the draft constitution produced by COPAC on July 18, 2012 deviated in serious material respects from the views of the people expressed during the COPAC outreach exercise and which are contained in the National Statistical Report;… calls upon the party [ZANU-PF] to resist all attempts and machinations by some international forces and their local proxies to smuggle nefarious values and practices onto the proposed new constitution; and implores the GPA parties to conclude the constitution making process before Christmas [2012], failing which the Head of State [Mugabe] should dissolve Parliament and fix a date for the holding of elections under the current Constitution.33 If the draft constitution is accepted at referendum it requires at least two-thirds majority support in parliament for ratification and no single party currently has that majority in parliament.34 If there is no agreement between ZANU-PF and the MDC, then the draft constitution will not take effect. At the first attempt to write a new constitution in February 2000, the proposed draft constitution was rejected at referendum prompting Mugabe to set aside the constitutional reform process, saying a new constitution was no longer a priority for government. Electoral Reforms Amendments enshrined in the Electoral Amendment Act gazetted on September 28, 2012, repeal the Electoral Act and incorporate the Zimbabwe Electoral Commission Act.35 When 32 “Tsvangirai launches YES campaign,” The Standard, September 9, 2012. 33 “Zanu PF Conference resolutions,” ZBC, December 11, 2012, http://www.zbc.co.zw/news-categories/top-stories/26513- resolutions-of-the-zanu-pf-13th-national-peoples-conference.html (accessed December 15, 2012). 34 Constitution of Zimbabwe, art. 52(3), provides: “A Constitutional Bill shall not be deemed to have been duly passed by Parliament unless, at the final vote thereon in the Senate and House of Assembly, it received the affirmative votes not less than two-thirds of the total membership of each House.” 35 “Bill Watch: Electoral Amendment Act gazette, 45/2012,” Veritas. 15 HUMAN RIGHTS WATCH | JANUARY 2013

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