Zim: What kind of new constitution?
The purpose of this article is to provide some critical thoughts regarding further growth of democracy in Zimbabwe through a process of enactment of a new constitution based on new patterns of socio-cultural practice. It is argued in this paper that with the lessons of ZANU-PF’s authoritarianism at the back of our minds, Zimbabwe needs to adopt a new constitution that will contain some in-built mechanisms that will be resistant to a democratic institutional breakdown.
It must be borne in mind that despite its democratic imperatives, Zimbabwe maintains absolute authoritarian legacy, nurtured and sustained by the old ZANU-PF regime which has used all sorts of political manipulations, if only to remain in power. As such there is a greater need to put in place a new constitution that is humanistic, participatory, representative, mass-oriented, broad-based and national in outlook.
Zimbabwe is currently in a state of transition to genuine democratisation. The country is experiencing stresses and strains in the economic, social and political processes. Therefore the complexities of political change and the problematic of Zimbabwean politics necessitate crafting a new constitution that is going to challenge existing modes of institutional practice.
It is without any doubt that change is a necessary aspect of human beings. As such, any political change that is conditioned on frequent uncertainties often leads to democratic breakdown. If Zimbabwe is to have a new durable democracy, there has to be a break from the past. There is, therefore, the need to create a new political culture that can guarantee a stable political system relevant to the new socio-cultural environment.
The failures of the ZANU-PF regime were the inability of political modernisation to place its influence over traditional bureaucratisation of the political system. Consequently, the poverty and the inadequacy of ZANU-PF politics eventually degenerated into authoritarianism.
The questions are: How can the survival and sustainability of a new democracy in Zimbabwe be guaranteed? How can the new constitutional structures be democratic enough to save democracy from collapsing in future? What are the consequences of a future democratic breakdown?
In attempting to answer these questions, one comes to the realities of the challenges being faced by the current inclusive government or indeed the government in transition. We have to understand the logic and philosophy behind the transition process that is to turnaround the economy and come up with a new constitution in readiness for the next general elections.
It is instructive to note that there has been reference made to the “Kariba Draft” as the basis for a new constitution. However, it needs to be pointed out that the Kariba Draft is too legalistic in outlook. It falls short of a broad document, which should encompass political, economic and social and cultural aspects of a genuine democracy. There is also talk of a “people-driven constitution”, which may or may not bring about a genuine democratisation of the Zimbabwe society.
The kind of new constitution being envisaged by this writer is one that will be based on grassroots democratisation. This kind of constitution would, among other things:
l provide a grassroots basis for the future growth of political parties as well as mass platforms for the emerging leadership;
l give equal rights and opportunities to all Zimbabweans to participate in the political process irrespective of their wealth, religion, socio-political background and whether you are at home or abroad;
l de-emphasise the role of money in politics;
l ensure the emergence of more dedicated and genuine leadership that would not be a mere proxy for political dinosaurs;
l establish institutional structures that will stand the test of time, as well as a political system that will be operated according to the letter and spirit of the new Zimbabwe constitution;
l prevent the continuity of inequality, poverty and all forms of social and economic exclusion;
l incorporate a radical indigenous rights law, which will ensure the collective use of land and natural resources.
The above propositions require those people involved in the constitution making process to promote genuine dialogue and the organisation of a genuine national consultation exercise. The grassroots democratic process requires a cultural shift. This means that cultural values influence the nature of democratic practice in any given polity. In other words, each society has its specific system of democracy.
Therefore, if a new constitution for Zimbabwe is to find its roots and become an instrument of legitimate governance, it must reflect some of the environmental and cultural proclivities pertaining to the society.
This writer cannot over-emphasise the view that the inclusive government should regard this transitional period as a learning process. It creates room for adjustment and responds to the emerging challenges and demands of constitution making.
The transitional process is dynamic and not static and should be regarded as a vehicle for promoting political education and social mobilisation. This is necessary in order to increase the people’s level of awareness and political consciousness so that a new political culture might emerge that will transcend the multitude of negative factors that have hitherto characterised the Zimbabwean nation.
If democracy is a state of mind, it is also humanly possible to appeal to the minds of the Zimbabwean citizens to resist any future democratic breakdown brought about either by ZANU-PF’s authoritarian destabilising legacy or other old habits.
But suffice to say that a new democracy will provide the opportunity to the Zimbabwe people to nurture a new political culture that will sensitise them to get involved in active and free discussion and decisions affecting their destiny.
The critical thoughts that have been involved in this article are rooted in an optimism of the will that welcomes a new national constitution which can be achieved through genuine dialogue, and which can provide space for meaningful competition and participation, devoid of violence.
There is need for a new constitution based on the democratic principles of openness and difference and the dynamics of thought.
– Austin Chakaodza is an analyst of African affairs and is professor of international relations at Regents College, London.
E-mail address: Chakaodza@regents.ac.uk or Chakaodza8@hotmai l.co.uk