FULL TEXT- ERC Shoots Down Ammendments To The Constitution
16 January 2020
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ERC Director Tawanda Chimhini


The Election Resource Centre (ERC), notes with great concern the government’s insatiable appetite to amend the 2013 constitution even before completing aligning of all laws to the constitution.

The government through the admission of President Emmerson Mnangagwa admitted that more needs to be done to align all laws with the 2013 Constitution.

It is disturbing that the same government that is calling for dialogue and national cohesion on one hand is shutting the door on all other stakeholders in an important exercise such as amending a constitution that was overwhelmingly supported by Zimbabweans in 2013 on the other.

While recognising that government can initiate changes to the legislation, the political context of extreme polarisation and encouragement for Zimbabweans to work together by regional partners, ZANU PF and government would have more to gain from an inclusive approach to changing policies than stubbornly doing it alone banking on their Parliamentary majority.

The ERC acknowledges that there is nothing illegal about a broad based, inclusive approach to considering and implementing policy reforms including changes to the Constitution.

It is unfortunate that the proposed changes have a direct bearing on future elections particularly on issues of inclusion and election dispute resolution given the disputed nature of previous ones.

The ERC would have hoped that any constitutional changes, once deemed to be necessary and a priority, seek to strengthen the credibility of future election processes rather than weaken them.

Furthermore, judicial officers whose appointment is at the discretion of the Executive undemines perceptions of fairness in the event of disputed elections given that the executive is an interested party in elections as the incumbent.

ZANU PF may enjoy a Parliamentary majority, but the abuse of such control of the legislature in passing legislation that erode principles of democracy such as separati on of powers is ill advised.

It is of great concern that the developments are coming at a time when reforms should define the country’s attempt to extricate itself from current challenges including international isolation, clawing back the gains of the 2013 Constitution will only serve to widen the rift between those in
authority and those outside of it.

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