THE SHORTCOMINGS OF THE KARIBA DRAFT CONSTITUTION • • • • • Public Protector and Deputy Public Protector27 Auditor-General28 Governor of the Reserve Bank29 Provincial Governors30 Chiefs31 3. The Legislature. Under the Kariba Draft, the Legislature is dominated by the Executive. Whereas the Constitutional Commission Proposal suggests a Senate comprised of 60 elected members, the Kariba Draft replicates the current structure of the Senate, with its 17 presidential appointees.32 This provides an almost insurmountable senatorial majority for the President’s party. The Kariba Draft, like the Constitutional Commission Proposal, permits the President to dissolve Parliament at any time, allowing him to override proposed legislation that he opposes and perhaps escape impeachment.33 He may also unilaterally extend a term of Parliament during times of war.34 Moreover, the Draft makes it very difficult for Parliament to pass a vote of no confidence.35 In fact, the Draft removes the subsection in the Constitutional Commission Proposal that specifies that if a President fails to comply with the requirements of a vote of no confidence he must resign, allowing a President to simply ignore such an action. The Kariba Draft also departs from the Constitutional Commission Proposal in a number of significant ways that do not directly touch upon executive power. For example, the Draft envisions a National Assembly composed entirely of members elected by a single constituency.36 This eliminates the Constitutional Commission Proposal’s establishment of 50 seats for members elected under a system of proportional representation, a provision which may have helped minority groups in Zimbabwe gain parliamentary representation. Additionally, the Kariba Draft makes it easier to alter some provisions of the Constitution.37 Many of the departures from the Constitutional Commission Proposal in the chapter on Parliament seem inexplicable, except that they may be evidence of efforts by politicians to open the door for manipulation of the legislative system for political gains.38 4. The Judiciary. The Kariba Draft, like the current Constitution and the Constitutional Commission Proposal, fails to ensure the independence of the Judiciary. Whereas the Constitutional Commission Proposal requires Senate approval of the President’s judicial appointments, the Kariba Draft only requires that the President select an appointee from a 26 [212] Establishment and composition of Zimbabwe Anti-Corruption Commission. [218] Public Protector. 28 [235] Auditor General. 29 [240] Structure and functions of Reserve Bank of Zimbabwe. 30 [247] Provincial Governors. 31 [253] Recognition and appointment of Chiefs. 32 [106] Composition of National Assembly. 33 [144] Prorogation or dissolution of Parliament. 34 [143] Life of Parliament. 35 [97] Vote of no confidence in Government. 36 [111] Composition of National Assembly. 37 [139] Amendment of Constitution. 38 [118] Tenure of a seat of Member of Parliament; [124] Clerk of Parliament and other staff; [128] Quorom in Parliament. 27 5