THE SHORTCOMINGS OF THE KARIBA DRAFT CONSTITUTION from unfair discrimination.46 However, most of these changes are relatively minor and just as often the Kariba Draft weakens rights protections by including additional exceptions or limitations.47 Of particular significance is the Kariba Draft’s word-for-word incorporation of the sections in the current Constitution that deal with the right to property.48 This portion of the current Constitution has been scarred by numerous amendments and fails to protect anything except the state’s unchecked ability to acquire and distribute land. The complete reproduction of this text demonstrates that the Kariba Draft is a hastily negotiated document that reflects narrow political considerations rather than a rigorous analysis of rights protections or consideration of the will of the people. 7. Local Government and the Devolution of Powers. The Kariba Draft provides for the establishment of provincial councils and local authorities.49 The functions assigned to these bodies, though very limited, are greater than those provided in the current Constitution or the Constitutional Commission Proposal.50 However, these powers are not guaranteed and can be taken away by the central government at any time.51 Provincial and local bodies may be manipulated by the central government, which, through an Act of Parliament determines their composition. Furthermore, Provincial Governors, who chair provincial councils, are presidential appointees.52 8. Size of Government. The Kariba Draft opens the door for the establishment of a bloated, inefficient government. Compared with the Constitutional Commission Proposal, all three branches of government are potentially larger. The Constitutional Commission Proposal contains a clause limiting to 20 the number of Ministers that the President can appoint. This clause is dropped in the Kariba Draft, allowing the President to appoint as many Ministers as he chooses and create a Cabinet of any size.53 Both the Senate and National Assembly have more members than are provided for in the Constitutional Commission Proposal.54 The Kariba Draft provides more detail than the Constitutional Commission Proposal on the composition of the Constitutional Court and Supreme Court, but unlike that proposal allows the President to appoint as many judges as he likes to the High Court.55 V. CONCLUSION The Kariba Draft Constitution is an undemocratic document in terms of both process and content. The Draft was written in secret, usurping the right of the people of Zimbabwe to 46 [43] Freedom from discrimination. [38] Right to personal liberty; [40] Freedom from slavery and forced labor; [41] Freedom from torture and inhuman or degrading treatment; [56] Right to property; [57] Agricultural land acquired for resettlement. 48 [56] Right to property; [57] Agricultural land acquired for resettlement. 49 [245] Provincial councils; [248] Urban local authorities; [249] Districts and district local authorities. 50 [246] Functions of provincial councils. 51 [246] Functions of provincial councils, subsection (2). 52 [247] Provincial Governors. 53 [93] Appointement of Ministers; [96] Cabinet. 54 [106] Composition of Senate; [111] Composition of National Assembly. 55 [157] Constitutional Court; [158] Supreme Court; [159] High Court. 47 7