Devolution of governmental functions to the provinces and down to other appropriate levels. Zimbabwe has had an over-centralised government for many years, and it is high time for power to be devolved. Furthermore, a new constitution must take account of the wishes of people in the west and east of the country for greater autonomy. Openness in government. All governmental processes must be subject to public scrutiny so far as possible, consistent with national security and the protection of the privacy of individuals. Such openness and transparency is essential to a proper democracy, and Zimbabweans have never enjoyed it. Limitations must be very specific, not broad and general. Respect for accrued or existing rights, which should not be abrogated or diminished without good cause and, where appropriate, adequate compensation. This principle should apply not only to property rights but also to rights such as citizenship. Governments both before and after Independence have been prepared to ride roughshod over existing rights to suit temporary political interests, and they should be compelled by the new Constitution to think carefully before they do it again. Some Suggested Principles Need Particularly Careful Thought National unity is a dangerous concept. All too often when a political leader calls for national unity, he means that those with views that differ from his own should keep their mouths shut. In other words, “national unity” is an excuse for intolerance. Peace, though a very good thing, cannot be achieved through a constitution. Stability, like national unity, is a principle that can easily be misused by politicians – “if we’re voted out of power it will destabilise the country — so let’s cancel the election!”. All things considered, it may be worth omitting this principle or if it is included, it should be put in such a way that it cannot be misused. New Constitution Must Itself Conform to Founding Principles Adopted In conclusion, one further point must be made. Our new constitution must not specify fundamental principles and then proceed to ignore them. If, for example, separation of powers is stated to be a fundamental principle, then the new constitution should not go on to give the President and the rest of the Executive extensive legislative powers or the right to appoint members of the legislature. Nor should it give the Legislature absolute power, free from judicial scrutiny, to punish people for contempt. If the principles specify independence of the Judiciary then other provisions of the Constitution must not contradict, but rather give effect to, this principle. In other words, if the new constitution is to state fundamental principles then they must be strengthened in the Bill of Rights and observed in framing of all other aspects of the Constitution itself. ___________________________ 12