THE SHORTCOMINGS OF THE KARIBA DRAFT CONSTITUTION appear to be insignificant but may open the door for political manipulation of government structures. For example, the Kariba Draft makes the removal of a member of Parliament automatic after he or she is absent from 21 consecutive sittings, whereas the Constitutional Commission Proposal makes removal contingent on a vote of the Senate or House of Assembly.2 This change appears inexplicable, but given Zimbabwe’s history of violence and intimidation in the political arena, it is possible to imagine that the change was crafted to allow the expulsion of opposition politicians after they have been arrested or forced into hiding. Many seemingly minor changes reflected in the Kariba Draft raise similar questions about the intent of the drafters.3 The sections that follow analyze the provisions of the Kariba Draft as they relate to major constitutional issues. 1. Structure and Powers of the Executive. Under the Kariba Draft, all executive authority rests in the President, who “takes precedence over all other persons in Zimbabwe,” and his Cabinet. Alternatively, the Constitutional Commission Proposal suggests that the President share executive authority with a Prime Minister. Although the Prime Minister’s role under the Constitutional Commission Proposal is relatively weak, the complete absence of this office in the Kariba Draft removes a vital check on the power of the President.4 Under the current Constitution, the President enjoys expansive, unchecked powers that can be used for political advantage. These powers are not diminished under the Kariba Draft. The Draft allows the President to unilaterally declare a state of public emergency and suspend human rights protections. Even if Parliament fails to approve such a Declaration, the President may cause the state of emergency to remain in effect for up to 21 days.5 The Kariba Draft also maintains the President’s ability to grant pardons or reprieves to those convicted of criminal offences.6 The Kariba Draft eliminates many of the checks on presidential power that were included in the Constitutional Commission Proposal.7 For example, the Kariba Draft removes the need to consult with another office or gain Senate approval when carrying out many executive functions.8 Moreover, the Draft adds a section from the current Constitution which limits the ability of courts to inquire into the manner in which Executive powers are exercised.9 In addition to these deficiencies, the Kariba Draft allows the President to unilaterally appoint many public officers and provides for the structural dominance of the other branches of government by the President. These problems are discussed below. 2 [118] Tenure of seat of Member of Parliament. [103] Legislative authority; [118] Tenure of a seat of a member of Parliament; [128] Quorum in Parliament. 4 [78] Executive Authority; [93] Appointment of Ministers; [96] Cabinet; [98] Executive functions of President; [101] Public emergencies. 5 [101] Public emergencies. 6 [100] Prerogative of mercy. 7 [81] Qualifications and disqualifications for election as President; [90] Removal of office of President; [93] Appointment of Ministers; [97] Vote of no confidence in government; [99] War and peace; [101] Public emergencies; [102] Extent to which exercise of President’s powers justiciable. 8 [98] Executive functions of President. 9 [102] Extent to which exercise of President’s powers justiciable. 3 3