The Financial Gazette

Clemence Manyukwe, Political Editor

PRESIDENT Robert Mugabe and Prime Minister Morgan Tsvangirai have stalled the crafting of a referendum law due to haggling on whether or not the diaspora vote should be included in the constitutional plebiscite.
The Constitutional Parliamentary Select Committee (COPAC) is currently engrossed in the crafting of a new supreme law, with frequent misunderstandings delaying progress.
But now, time to put in place a new Referendum Act, one of the key signposts towards the holding of credible polls in Zimbabwe, is also running out.
The main issue stalling the crafting of the new law revolves around differences on whether or not to allow a diaspora vote during such a referendum.
Presently, only those on national duty outside the country are entitled to vote.
The Movement for Democratic Change (MDC-T) has been pushing for postal voting for locals abroad. But this is being resisted by ZANU-PF, which views the latter as hostile to it after most of them fled the country due to a crippling economic crisis blamed on the party’s policy failures.
This week, Constitutional Affairs Minister, Eric Matinenga, confirmed that the Referendum Bill was long overdue, adding that the matter was still being dealt with by the principals to determine a way forward on whether or not a diaspora vote should be included.
Last week, Constitutional Affairs Ministry officials met over the issue. It was agreed, during the meeting, to bring to the attention of the principals the need for urgency in resolving the matter.
Matinenga said allowing the diaspora vote was consistent with Section 23 of the Constitution. The section forbids discrimination of persons on grounds of race, political opinion and other factors resulting in some restrictions being imposed on citizens.
“(1) Subject to the provisions of this section — (a) no law shall make any provision that is discriminatory either of itself or in its effect; and (b) no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority,” reads part of the Constitution.
“(2) For the purposes of subsection (1), a law shall be regarded as making a provision that is discriminatory and a person shall be regarded as having been treated in a discriminatory manner . . . (a) by being subjected to a condition, restriction or disability to which other persons of another such description are not made subject; or (b) by the according to persons of another such description a privilege or advantage, which is not accorded to persons of the first-mentioned description.”
President Mugabe has been under pressure from ZANU-PF hawks to repudiate an earlier undertaking made in July 2011 to allow locals domiciled within the Southern African Development Community (SADC) to participate in the forthcoming polls through postal voting.
The principals in the inclusive government had agreed to work towards incorporating the diaspora vote in the electoral process as part of far reaching reforms ahead of the upcoming polls.
The ZANU-PF leader was alleged to have warmed up to the idea of allowing those domiciled within the SADC region to vote since the respective countries in the bloc had not imposed targeted sanctions on his party’s leaders, making it possible for the party to campaign there freely.
But ZANU-PF’s chief negotiator, Patrick Chinamasa, poured cold water on the whole issue, saying the principals had only directed him to look into the matter and report back to them, but is yet to give them feedback.
Chinamasa has also said he would not bring to the House of Assembly the Electoral Amendment Bill that does not include the diaspora vote, without assurances that MDC-T members would support it.
This week, COPAC co-chairperson, Edward Mkhosi, said some of the problems that have dogged the process, including different party positions on constitutional issues, were being resolved by the Constitutional Management Committee.
He added that drafters — Justice Moses Chinhengo, University of Zimbabwe lecturer, Brian Crozier, and prominent lawyer, Priscilla Madzonga — had taken a break from their work to allow the select committee to review the work that has be done so far.
“We are reviewing 18 chapters that came from the drafters. They are only left with one chapter, but they have taken a break. It seems that they are very fast,” said Mkhosi.
He could not give a timeframe as to when the whole process would be concluded. ZANU-PF has since indicated that it would go for polls without a new constitution in order to terminate the inclusive government it deems to be dysfunctional.