DRAFTING of the new constitution has been thrown into disarray after the MDC led by Welshman Ncube declined to sign an update report meant for the principals’ meeting set for tomorrow, further casting doubt on prospects of holding elections this year.

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Ncube hits back at Mugabe, Tsvangirai

Comment & Analysis
BY NQABA MATSHAZI DRAFTING of the new constitution has been thrown into disarray after the MDC led by Welshman Ncube declined to sign an update report meant for the principals’ meeting set for tomorrow, further casting doubt on prospects of holding elections this year.

The principals, President Robert Mugabe, Prime Minister Morgan Tsvangirai and his deputy Arthur Mutambara, are supposed to meet every Monday, but last week’s meeting was aborted because they did not have an update from the Constitution Select Committee (Copac).

 

Tomorrow’s meeting is likely to be aborted after MDC secretary general, Priscilla Misihairabwi-Mushonga, and Copac co-chairperson Moses Mzila-Ndlovu declined to sign the update, saying they could not put a signature on a report that was to be discussed by Mutambara, whom they do not recognise as a principal.

Copac updates and meetings are only valid if there is consensus and the refusal by the MDC to sign off on the progress the drafters had made means the process of writing the new constitution would be further delayed.

“Updates go to the leaders of the three parties, meaning they should go to Mugabe, Tsvangirai and Ncube, but since the leader of our party does not sit in these principals’ meetings there is no need for me to sign,” Misihairabwi-Mushonga said.

She said her refusal to sign was based on principle, as Mutambara was not a leader of any party and the High Court had ordered him to stop “masquerading as a principal”.

“Copac is a parliamentary, party-driven process, so Ncube should be discussing on these matters, but if he is not there, there is no point,” she continued.

Misihairabwi-Mushonga said her party had not pulled out of Copac but rather would not participate in processes that involved the robotics professor.Mugabe’s spokesman George Charamba said despite the protestation of the MDC, the principals’ meeting will go ahead as scheduled.“It’s a protest against a principal they do not recognise,” he said.

“It’s a symbolic protest, which the principals will take note of, but I don’t know what they will do.”

Charamba said the principals were meeting to discuss a status update and even if the MDC did not sign, that did not take away the substance of the report. He said this was not the first time the MDC had protested at the inclusion of Mutambara in principals’ meetings. Charamba said protesting was their constitutional right to do so.

“The President’s hands are tied, the matter is at the courts and Ncube, as a constitutional lawyer, cannot ask the president to violate the constitution,” Charamba said.

“You cannot blame the president.”

Copac spokesperson, Jessie Majome, professed ignorance on the development. She however, described it as unfortunate and one that should be resolved urgently, if it happened.

“The principals demand an update urgently, they want it as soon as possible,” she said.

The drafting of the new constitution is already behind schedule and the latest snub will only hold it further back. This will make it difficult for the country to hold elections this year as demanded by Zanu PF.

Last week, members of the management committee of the Copac said they were still negotiating on a number of contested issues. These include structure of government, devolution of power, death penalty, dual citizenship and the establishment of an independent prosecuting authority.

The MDC recently described the meeting of Zimbabwe’s principals as a huge joke, saying they should not be taken seriously as Mutambara was not a principal.

The party alleged that Mugabe wanted to keep Mutambara in government to render the Global Political Agreement (GPA) and the negotiating process dysfunctional. On the other hand, the party said Tsvangirai also wanted the robotics professor to stay because of his “personal dislike” for Ncube.

Mutambara lost out the presidency of the MDC last January to Ncube, but the deputy prime minister and his supporters claim his ouster was irregular. The matter is now in the courts where Mutambara has suffered a few setbacks.