leading to the publication of the Monthly Political Violence Report which became an authoritative
source of information for the local and international community on the state of human rights
in Zimbabwe.
7. Push for Constitutional Reform and the Birth of a New Political Party
The period covering the years 1999 and 2000 was a time of rapid political drama. The crisis in
Zimbabwe had then reached a high level. Amendments to the Constitution were creating more
obstacles to accountability. The Constitution of Zimbabwe Amendment (No. 16) Act (No. 5 of
2000) inserted section 16A into the Constitution. This Amendment affected property rights
negatively by removing the right to fair compensation regarding land to be acquired compulsorily.
It ousted the jurisdiction of the courts on disputes related to land acquisition. The government’s
power to compulsorily acquire land, and the manner in which it was done, was insulated from
the scrutiny of the courts or any other independent body.
Sixteen amendments to the Constitution were evidence that it had lost its sanctity. It could be
manipulated for political gain. It was also felt that the Constitution was too heavily influenced
by the country’s colonial past, and that a new Constitution written in the light of the experience
of independence was due. Increasing public pressure forced the government to embark on a
Constitutional reform process.
On 21 May 1999 President Mugabe announced the convening of a Constitutional Convention
which would draft a constitution fit for the country. This led to the appointment of a
Constitutional Commission chaired by senior Judge Godfrey Chidyausiku to consult the people
and obtain their views on what should be incorporated in a new constitution. The spokesperson
for the Commission was Professor Jonathan Moyo, a former government critic.
In 1999, the NCA held a People’s Constitutional Convention to define the principles of
constitution-making. The Convention criticized the commission and set the stage for a clash
with the Constitutional Commission.
Meanwhile, from August to September 1999, the government-appointed Commission held more
than 5 000 meetings with local people and groups in Zimbabwe. Instead of adopting a democratic
constitution informed by the consultation process, the Commission produced what was seen as
a biased document, which further fuelled tensions in the country. Civil society opposed the
process and the content as having too much government influence.
At the same time, the worsening economic situation created much agitation in the labour
movement. From 26 to 28 February 1999, a National Working Peoples’ Convention was held
in Harare to find strategies of addressing the problems of the working people of Zimbabwe. The
convention noted, among other things, the breach of the rule of law through state-sponsored
violence and the abuse of human rights. It also noted widespread corruption and the lack of
public accountability in political and economic institutions. At the end, the convention resolved,
among other things, that:
A people’s constitution, as a reflection of a national value system, should be
accompanied by a Truth and Reconciliation Commission to deal with unresolved
6
Taking Transitional Justice to the People – Outreach Report
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