29 November 2008
MDC-T and Zanu PF negotiating parties only agreed to a Constitutional Amendment (No 19) Bill last week after both made concessions, it emerged yesterday.
Sources told The Standard the parties could have reached yet another deadlock, had they failed to concede ground.
The two parties went to SA determined to ensure the Amendment Bill would guarantee them a stronger position in the inclusive government.
The Bill, expected to be gazetted shortly, could be passed by Parliament early next year.
Sources said Zanu PF negotiators last week brought to the table their own draft amendment containing a clause that would have allowed President Robert Mugabe to dissolve the unity government without giving reasons.
The clause, which alarmed the MDC formations, could have strengthened Mugabe's position in the inclusive agreement: giving him carte blanche to dissolve Cabinet and thereby destroying the Global Political Agreement, which has been fiercely resisted by some members of his inner circle.
On the other hand, the MDC-T team also had a surprise for Mugabe's negotiators.
The formation wanted the Amendment Bill not to carry any provision, which recognised Mugabe as head of government, sources said.
The MDC has in the past refused to sign the agreement with Zanu PF, worried about Mugabe's excessive powers.
Sources said haggling over these proposed amendments threatened the talks which were also clouded by acrimonious exchanges between the facilitator Thabo Mbeki and MDC-T leader Morgan Tsvangirai.
The stalemate was only broken after parties agreed to turn to the Kariba draft constitution which was agreed by the parties in September 2007.
The little known controversial draft has been heavily criticised by civic organisations because they were not consulted when it was formulated.
Sources revealed the negotiating parties lifted Section 121 from the Kariba draft and made it part of the Amendments Bill 19. The move is said to have eased the concerns of the MDC-T formation, which argued that Mugabe's powers in making key appointments that mattered were unchecked.
The section calls for the establishment of a powerful Committee on Standing Rules and Orders (CSRO) which will be consulted by Mugabe whenever he has to make key appointments to independent commissions.
A Transitional Provisions section included in the Bill makes it clear that Mugabe can only appoint members of independent commissions with the agreement or consent of the CSRO to be chaired by the Speaker of Parliament, Lovemore Moyo, who is the chairperson of the MDC-T formation.
This arrangement, sources said, eroded Mugabe's powers to appoint whomever he wanted without the input of partners to the inclusive government.
Critics say Mugabe has used this power to appoint officials who have helped him "rig elections".
Among those to be appointed by Mugabe after consulting the CSRO are members of the Zimbabwe Electoral Commission, the Anti-Corruption Commission, the Zimbabwe Human Rights Commission and the Media Commission.
Under the Amendment Bill chiefs will now be required to be neutral and not engage in partisan politics. In the past elections, the traditional leaders have assumed the roles of Zanu PF commissars in their areas.
The Amendment Bill also broadens the manner in which people can obtain Zimbabwean citizenship. This could be through birth, by descent or by registration. The Citizens and Immigration Board would be established to determine the granting and revoking of Zimbabwean citizenship. In the past Zanu PF has been accused of denying citizenship to people suspected of being against it.
Reached for a comment yesterday, Nelson Chamisa, the spokesperson of the MDC-T formation, said they were satisfied the Amendment Bill captured the essence of the power-sharing agreement. He however warned that the Bill alone would not solve the problem unless outstanding issues were resolved. Among these is the equity in the distribution of ministries and the role and composition of the National Security Council. The MDC national council is expected to discuss the Bill later this week and decide whether or not to adopt it.
Zanu PF chief negotiator Patrick Chinamasa's phone went unanswered.
Addressing about 5000 people at a rally in Bindura yesterday, MDC-T Vice- President Thokozani Khuphe said the party's endorsement of the Constitution Amendment Number 19 that will give force to the September 15 power-sharing agreement signalled the beginning of the formation of the new government.
But she insisted the MDC-T would not join the proposed inclusive government until outstanding issues that include the equal sharing of cabinet posts are addressed.
Khuphe said the outstanding issues included the equal sharing of posts of governors, ambassadors, permanent secretaries and the composition of the National Security Council.
"We will only form an inclusive government if all these issues are agreed upon by all the parties involved," she said. "We will not jump into a river full of crocodiles ... we don't want a deal which would not guarantee food, jobs and freedom of the people."
She accused Zanu PF of negotiating in bad faith, which she said was evidenced by government's refusal to issue Tsvangirai a new passport and the treason charges against the party's secretary general, Tendai Biti.
"As we speak we have more than 15 of our activists who were abducted and are missing," Khuphe said. "This shows that they are not negotiating in good faith."
The Deputy Prime Minister-designate also blamed the unfolding humanitarian crisis in the country on Zanu PF's failure.
"Cholera is a result of Zanu PF failure during the past 28 years," she said.
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