THE SHORTCOMINGS OF THE KARIBA DRAFT CONSTITUTION
I. INTRODUCTION
This report analyzes the Kariba Draft Constitution, a document negotiated in secret in
September 2007 and referenced in Article 6 of the Global Political Agreement between
Zimbabwe’s three primary political parties. The report briefly considers the process that led
to the creation of the Kariba Draft and then explores the content of that document. The
substance of the Kariba Draft is compared to that of the current Constitution and the
Constitutional Commission Proposal which was rejected in a national referendum in
February 2000.
This report concludes that the Kariba Draft is inadequate in terms of both process and
content. If the Kariba Draft were to be used as the basis for constitution-making in the
country, Zimbabweans would be denied their right to write a constitution for themselves.
Moreover, the content of the Draft is inadequate. It fails to protect fundamental rights and
freedoms and promotes the continued dominance of government by the Executive.
Zimbabwe’s political leaders should immediately denounce the use of the Kariba Draft as a
fundamental document in the constitution-making process. They should instead embrace
people-driven, democratic processes as the basis for constitutional reform in Zimbabwe.
II. BACKGROUND
In November 1999, a Constitutional Commission led by Justice Godfrey Chidyausiku unveiled
a proposed Constitution for Zimbabwe. The National Constitutional Assembly (NCA), along
with partners in civil society and opposition political parties, organized the NO Vote
Campaign, which led to the defeat of the proposal in a February 2000 referendum. The NCA
and others alleged that the will of the people, as expressed during months of public
consultation, had not been reflected in the Constitutional Commission Proposal.
Specifically, it was argued that the proposal, if enacted, would produce an unworkable
system of government with an unchecked Executive, a weak Parliament, and inadequate
protections for fundamental rights and freedoms.
In September 2007, representatives of the ruling ZANU-PF and the two formations of the
opposition Movement for Democratic Change met in secret at Lake Kariba and drafted a
new constitutional proposal. This document, which is now known as the Kariba Draft
Constitution, was referenced in the Global Political Agreement signed on September 15,
2008. Article 6 of the agreement establishes a 19-month constitution-making process.
Many have speculated that certain politicians want to use the Article 6 process to impose
the Kariba Draft on the people of Zimbabwe. In February 2009, President Robert Mugabe
seemed to confirm these suspicions by saying:
“There is already a draft that the three parties agreed on. They call it the Kariba
Draft because that is where they came up with the document. We shall all look at it
and when we are all satisfied, it shall be put to the people in a referendum.”
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