The Youth Empowerment and Transformation Trust (YETT) is a youth networking organisation committed to the full participation of young people in sustainable development through advocacy and capacity building of youth and youth organisations in Zimbabwe.
On April 14, 2021, the Constitution of Zimbabwe Amendment (No 2) Bill passed its second reading in the National Assembly. The assembly resolved to suspend standing orders to permit the Bill to be fast-tracked through its remaining stages — the Committee Stage and Third Reading — in the assembly. On April 15, the Justice, Legal and Parliamentary Affairs minister gave notice of amendments he wanted made to the Bill in the Committee Stage. The Bill underwent its Committee Stage that very day, thus on the same day that the minister’s amendments were published — and, in a late-night sitting, the assembly passed it with all the amendments proposed by the minister and others put forward during committee stage. The Bill’s third and final reading was held on April 20, 2021 and on the following day, 191 parliamentarians voted in the House of Assembly to pass Amendment Number 2 Bill to the Constitution.
As part of its ongoing work aimed at strengthening youth advocacy and oversight at multiple levels, YETT conducted an analysis of the Constitution of Zimbabwe Amendment Number 2 Bill with particular focus on analysing each proposed amendment from a youth perspective. Specifically, the assignment sought to determine the effects of the proposed amendments in the Constitution of Zimbabwe Amendment Bill (Number 2) of 2019 on the youth’s status and opportunities for development. Beyond this, YETT facilitated two youth consultative meetings on Amendment Bill Number 2 Bill wherein over 60 youth organisations and associations drawn from across Zimbabwe participated in validating the analysis done by YETT. With the Amendment now set to go before Senate, YETT shares this youth position paper to reiterate the youth voice regards the Constitution of Zimbabwe Amendment (No.2) Bill as provided for by Section 20 of the Constitution of Zimbabwe.
Youth position on Constitution of Zimbabwe Amendment Number 2 Bill
Young people object the proposed constitutional Amendment Bill Number 2 based on the desire to protect the integrity, status of the constitution. The majority of young people consulted stated that amending the Constitution is not the solution; the government should prioritise realignment and the implementation of laws.
The following are the key thoughts and opinions on the proposed Amendment Number 2 bill:
2.1 Abolition of the running mate system:
lThe amendment proposes to abolish the running mate system for the vice-presidency and replaces it with a system that allows the President to pick his/her two VPs after an election. The proposed changes mean that there will be no direct participation of the youths, the general electorate and other social groups in the election of two of the three members of the presidium. An appointment system is less likely to promote accountability – the appointed person is better off paying homage to his/her appointing authority rather than the electorate. What the Amendment, therefore, seeks to introduce is a system where the two appointed VPs are mere appendages of the President with no real power to propose contrasting policy directions.
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2.2 Judicial promotions and Extension of Tenure
- From a youth-based perspective, the extension of judges’ final retirement without lowering the age for qualification as a judge is worrisome. A person needs to be 40 years to qualify for judicial office; in practise rarely have persons less than 45 been appointed. While there could be strong reasons justifying the forty years age requirement, it seems the door is shut for any youth participation and involvement in the higher judicial sector. From the amendment’s perspective, youth cannot qualify for judicial office at all – they are simply too young!
In the same vein, removing the public interview process means that there is less transparency and involvement of various groups- indeed the public interview process was an open process and went a long way towards judicial independence and integrity of the judicial sector. It further went a long way towards public participation and judicial accountability.
What judicial offices can the youth still participate in? Youths and young persons can still be involved as judicial officers in the magistrates court or other inferior courts. They can further join the prosecutorial department where the issue of age is not a factor. However, debate is on whether this is enough. In the terms of the Amendment, there is simply no adequate space for effective inclusion of the youth in the higher echelons of the judicial sector. Clearly, this runs against section 184 of the 2013 Constitution which demands judicial appointments to reflect “broadly the diversity and gender composition of Zimbabwe”.
2.3 New office of the public protector
lThe proposal to reintroduce the office of the public protector that shall be tasked with the responsibility of dealing with maladministration and appointment of the public protector and his/her deputy by the president after consulting the Judicial Service Commission and Parliament’s Committee on Standing Rules and Orders is a cause for concern. There is no meaningful public involvement in the appointment or selection process at all. If the appointment process followed an interview process, either by Parliament or some other inter-political party or independent agency, there was an opportunity for youth voices and concerns to be put through, thus enabling youth participation.
In addition, while it is a good idea in principle to have the office of a public protector, this will be pointless unless there is real commitment to implementation. It will need to be well resourced and independent. Zimbabwe is not short of institutions. What is lacking is the political will and commitment to make existing institutions work (including the Zimbabwe Human Rights Commission, Office of the Auditor- General among others)
2.4 Extending the women’s parliamentary quota
lThe proposed constitutional amendment seeks to extend the current provision which reserves a maximum quota of sixty (60) proportional representation seats for women in the National assembly for a further two parliaments. The Bill is a violation of Section 17, 56 and 80 of the constitution, which guarantees gender parity at all levels of leadership.
On the face of it, this extension appears to be a positive step, which promotes women’s representation in parliament. However, the women’s quota system perpetuates a culture that keeps women at the margins of politics while purporting to be inclusive. The government has not undertaken consultations to evaluate the impact of proportional representation seats in genuinely empowering women and increasing their voice in leadership and development of the country.
A 50/50 system should be adopted with reforms of the electoral laws to capture the principles within Section 17 of the Constitution in order to see the equal representation of women realized within the 210 seats (105 women, 105 men, with youth representing 50%).” There was shared sentiment from young people that the Proportional Representation system burdens the national fiscus and is not promoting and sustaining gender equality in the political landscape. There is need for fast-track realignment of laws, bills, acts and policies in order to achieve provisions in Section 17; Section 56(2); and Section 80. Realignment and the existing proportional representation should limit bias to party politics and ensure the inclusion of people with disabilities. There is need for political will and support from political parties in order to realise these changes. In the absence of 50/50 representation, the proportional representation should be revised to account for: electoral reforms, mentorship, capacity-building and leadership training of women in parliament and those aspiring to be politicians
2.5 On the youth quota
The proposed amendment seeks to reserve ten proportional seats in the National Assembly for youth. While this looks positive, it is just another act of political tokenism, which will increase the size of parliament without enhancing the role of young people in politics. In reality, there will be one youth Member of Parliament from each province.
A very important point to note is that these provisions identify only one door for youth to enter into Parliament. This is through membership of a political party, which party would nominate and recommend these persons for election under the party list system. The provisions do not envisage any other entry point into parliamentary politics.
It is also clear that the amendments come in a political environment with an adult idealism which regards the youths as lacking, ability, competence and experience in all aspects of politics. Consequently, this politics of exclusion restrict youth ideas or their implementation in Zimbabwe. This exclusion is achieved through making the youths and young person dependent on adults. Clearly, this renders them susceptible to exploitation and control by the “empowered” adults in the political hierarchy who have the political and financial muscle to “buy” the energy of the youths. When it happens that the youths do participate in these processes it is more a gesture of tokenism. Their views are never taken seriously and are overridden by adults. This diminishes the desire by young people to take part in any discussions or events when they feel that they are just adding to the numbers.
- To be continued next week.
