Ben Freeth concern at MDC stance on constitution
Dear Kerry, Eddie and Roy,
At the risk of sounding like a stuck record, I am shocked regarding the MDC
national executive decision to support the new draft constitution. I know
that neither you Kerry nor you Roy support it. Eddie felt it might be a
“ferry” but has gone absolutely silent ever since. I am sure that there must
be others who are equally dubious. Just to recap:
1. There is no constitution in the world that has such a blatantly
discriminatory clause regarding people explicitly being banned from going to
court on the grounds that they are being discriminated against.
2. There is no constitution in the world with ouster clauses preventing
people from approaching a court for compensation for their land when their
home and income is taken away.
3. There is no constitution in the world that I am aware of, where the State
is able to take private property – somebody’s whole life’s work – simply by
publishing a notice in the gazette.
4. These provisions go against the SADC Treaty; against the AU Charter;
against the Universal Declaration on human rights and against every other
human rights treaty ever written that I know of.
5. These provisions go against the Campbell Judgment from the SADC Tribunal.
6. By the MDC supporting a Constitution that allows theft, it is saying that
it is content to go directly against Gods Constitution that was written by
his finger in stone.
The MDC national Executive decision statement appears to be completely
devoid of any regret that they are advocating supporting a constitution with
such obvious human rights violations – and which is at odds with Gods law
and constitutional law all over the world.
We are all abundantly aware of what allowing theft has meant to Zimbabwe in
terms of food security, economic collapse, social collapse, joblessness,
life expectancy and mass migration. I can not comprehend why MDC have not
even mentioned this as a concern!
The MDC national Executive statement did not express any regret either at
the fact that the draft constitution has not been faithful to what the
people actually said. Did the people expressly say that they wanted the
provisions above? Did they expressly say that the Presidents executive
powers would remain largely intact so that he still had over-riding powers
concerning the control of the police and the army?
It is important that we are told what “gains made by the people” [last
sentence of the MDC statement below], are really being heralded here?
Statement on resolutions of the MDC National Council on the draft
Friday, 03 August 2012
Harvest House, 03 August 2012
Today the MDC National Council which is the highest decision-making organ in
between Congresses sat to analyse the Draft Constitution.
After extensive deliberation, the National Council resolved to accept the
Constitutional Draft. This is despite the fact that some aspects which the
MDC would have wanted included in the Draft could not be incorporated.
It recommended Zimbabweans to vote ‘YES’ for the constitution in the
referendum. Among other positives, the MDC is happy the Constitution has a
very comprehensive bill of rights which include the first generation rights
and socio-economic rights.
The constitution makes provisions for free and fair elections and sets
definite time periods in which elections must be held.
The Party is also happy that the dream for a 50-50 representation in
Parliament is becoming a reality. The acceptance of the Draft Constitution
by the National Council follows a similar move by the Party’s National
Executive Committee last week.
The MDC urges the Zimbabweans to ignore prophets of doom who have dismissed
the constitution as they want to reverse the gains made by the people.