I n s t i t u t e fo r j us t i ce a n d r eco n ci l iat i o n a fr i c a pr o g r a m m e the power to appoint and dismiss public figures, dissolve parliament and declare states of emergency. The draft contained a wider bill of rights than the Lancaster House Constitution, but failed to provide for a genuinely independent electoral commission. Despite the role allocated to presidential office, and true to people’s fears of state intervention, President Mugabe was apparently not satisfied with the draft constitution and used his control over the process to amend it. A Government Gazette titled ‘Draft Constitution for Zimbabwe: Corrections and Clarifications’ was subsequently published towards the end of 1999 (GoZ 1999a). Chief among the ‘corrections’ was the introduction of compulsory military service, the prohibition of same-sex marriages and the inclusion of a clause allowing the state to ‘compulsorily acquire agricultural land for resettlement’ while obliging Britain as the ‘former colonial power’ to compensate farmers. The publication of the Gazette reversed the positive steps taken during the participatory and inclusive outreach phase, and put an end to the prospect of a genuinely ‘people-driven’ democratic constitution being produced. It was the Constitutional Commission Draft as amended by the ‘Corrections and Clarifications’ that was put to a national referendum in February 2000. ZANU-PF then campaigned vigorously for an endorsing ‘Yes’ vote while the MDC and NCA, aided greatly by the prevailing socio-economic morass and the general disenchantment with ZANU-PF, orchestrated a ‘No’ campaign. ‘No’ campaigners argued that the Constitutional Commission’s draft ignored the provincial and thematic-committee reports that had been submitted, and particularly people’s views on the need to limit the powers of the executive and ensure an even balance of power between the legislative, judicial and executive branches of government (Dorman 2003: 853). Chisaka (2000: 19) noted that ‘the majority of those consulted clearly wanted a governmental system that was accountable to them through elected representatives in parliament…but this was denied them by the Commission’. A total of 26 per cent of about five million registered voters participated in the referendum, and the new constitution was rejected by 54.31 per cent of the votes (Hatchard 2001: 213). In reaction to this defeat, the ZANU-PF-dominated parliament subsequently amended the 1992 Land Acquisition Act in line with the rejected Constitutional Commission Draft, which provided for the appropriation of land without compensation. The National Constitutional Assembly’s draft constitution Following the Constitutional Commission’s failed attempt at constitution-making, the government relegated constitutional reform to the back burner once more. However, desire for a new democratic constitution remained strong among Zimbabweans. The NCA, which had declined to participate in the government’s initiative, then carried out its own ‘people-driven’ constitutional-reform process and published its own draft constitution in December 2001. The NCA draft differed from the existing constitution and the Constitutional Commission’s draft in that it proposed to vest executive authority in a prime minister and cabinet rather than in a president, who was relegated to the role of titular head of state (NCA 2001: 6). The NCA draft also removed certain presidential powers and privileges such as the authority to dissolve parliament, grant pardons or to declare war or a state of emergency. The NCA draft also contained provisions for the legislature, civil society and the wider public to oversee important institutional appointments. It proposed a full set of fundamental human rights including civil and political, economic, social, cultural and environmental rights, as well as specific protection for the rights of minorities and vulnerable populations. Furthermore, the NCA draft provided for a truly independent electoral commission, a human-rights commission, an anti-corruption commission and a strong auditor-general to enhance democracy. It allowed the government to compulsorily acquire land for redistribution provided it paid fair compensation for it. The NCA draft, however, remained 4