THE SHORTCOMINGS OF THE KARIBA DRAFT CONSTITUTION list provided by the presidentially-appointed Judicial Service Commission or gain approval of his own choice from that group.39 Moreover, the President closely controls the procedure for removing judges from office. The President may initiate an inquiry into a particular judge and personally appoint a three-member tribunal to consider his or her removal.40 The Kariba Draft in many places adds to the provisions on the Judiciary contained in the current Constitution and the Constitutional Commission Proposal. In some instances, the changes give the President or a presidential appointee additional control over the structure of the judiciary.41 5. Elections. The Kariba Draft, the current Constitution and the Constitutional Commission Proposal establish frameworks for elections which are very similar. Where the Kariba Draft differs from the other two documents, it is usually for the purpose of filling in procedural details rather then making significant substantive changes.42 What all three constitutions have in common is the establishment of an electoral commission that is insufficiently independent. Each one gives the President ultimate authority in selecting commission members. Whereas the Constitutional Commission Proposal requires approval of appointments by the Senate, the current Constitution and the Kariba Draft only require insignificant “consultation” with the presidentially-appointed Judicial Service Commission and the Committee on Standing Rules and Orders, or in some cases, appointment from a list provided by the former group.43 6. Rights and National Objectives. The Kariba Draft maintains the structure and most of the content of the Constitutional Commission Proposal in regard to the protection of fundamental rights and freedoms. Therefore the weaknesses of that proposal are replicated in the Kariba Draft. Specifically, the Kariba Draft fails to protect many vital rights, such as the freedom of the media and the right of workers to strike. Although the Draft adds a section making some rights non-derogable, this provision does not apply to internal limitations or limitations authorised during a period of public emergency. 44 Moreover, social and economic rights such as the right to housing, education and health are dealt with in a “National Objectives” section that is merely “directory in nature,” meaning that compliance is not mandatory. The Kariba Draft strengthens a few of the rights contained in the Constitutional Commission Proposal.45 For example, pregnant women are added to the classes of persons protected 39 [157] Constitutional Court; [163] Appointment of judges; [164] Acting judges. [166] Removal of judges from office. 41 [157] Constitutional Court; [159] High Court; [163] Appointment of judges; [165] Tenure of office of judges; [166] Removal of judges from office; [167] Appointment of judicial officers other than judges; [172] Judicial Service Commission. 42 [145] When parliamentary elections must be held; [147] Electoral Law; [148] Fixing boundaries of National Assembly constituencies and frequency of revisions; [149] Factors to be considered in delimiting constituencies; [150] Delimitation of Senatorial Constituencies; [151] Delimitation of Wards of Local Authorities; [152] Report on Delimitation; [153] Declaration of boundaries of constituencies. 43 [201] Establishment and composition of Zimbabwe Electoral Commission. 44 [62] General limitations, subsection (4). 45 [43] Freedom from discrimination; [45] Freedom of speech and expression; [50] Protection of law: fairness in criminal cases; [54] Rights of children, their parents and guardians; [60] Political rights. 40 6