president with the authority to make primary legislation, all the legislation he or she enacts will have to be consistent with the object, spirit and purport of the constitution. This places a limit to the nature of legislation that the president can promulgate. Democratic, Free and Fair elections: The draft constitution gives all political parties the right to receive a fair share of access to state media to disseminate their campaign information and this right can be enforced through the courts. This fundamentally addresses the challenge that opposition parties have suffered in the past where the national broadcaster has refused them access to state media while the ruling party would enjoy monopolistic access to disseminate its own campaign materials. Under this draft constitution, concerned citizens can approach the court to order the state to take certain measures (e.g. establishing more voter registration centers and simplifying voter registration procedures) to ensure that all eligible citizens are registered as voters. Currently, there are no constitutional mechanisms to force the state to take such measures, thereby leaving the state to maintain a complicated or rather restrictive voter registration process which favours the ruling party. The draft also makes election management a sole mandate of the Zimbabwe Electoral Commission (ZEC), whose appointment provides an opportunity that it may be independent and professional in its operations. In the past, voter registration was the mandate of the Registrar general, who is directly appointed by the president and was clearly partisan in discharging his constitutional duties. Furthermore, the draft presents an opportunity that the security services personnel can no longer publicly show support for any political party. In the past, security services chiefs had made it a tradition that they would issue a joint press statement warning citizens against voting for any other party other than ZANU PF. The COPAC draft constitution also provides for mandatory speedy resolution of electoral disputes, including where there is a challenge on election results or the conduct of organisations or individuals during elections. In the past, such challenges would be finalized even five years after the election results are announced. Fundamental Rights: The draft constitution provides for a wide, comprehensive declaration of rights that includes civil and political rights as well as socio, economic and cultural rights. The rights given can only be limited by a law of general application and to the extent that such limitation is considered reasonable and justifiable in an open and democratic society based on the fundamental values of human freedom, dignity and equality. This is a huge improvement from the current national law which does not provide for socio, economic and cultural rights and which allows human rights limitation to be justified on the basis of a vague (and often abused) concept of ‘maintaining public security’. Unlike the current constitution, this draft places human rights at the center of the interpretation of the constitution and all laws as well as obliging all constitutional bodies and state institutions including the security sector to respect fundamental rights in discharging their constitutional duties. However, the absence of the right to shelter in the bill of rights is a major fundamental flaw. The fact that certain rights like the right to basic healthcare and the right to basic education are only entitled to Zimbabweans and those that have permanent residence in Zimbabwe is also a concern. Constitutionalism and separation of powers: As a fundamental departure from the current constitution, this draft entrenches such constitutional values as fundamental rights, limited presidential authority, 4