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.
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HUMAN RIGHTS WATCH | JANUARY 2013
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