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Saturday, 4 January 2014
Constitution Needs To Be Popularized
My People Perish Because of Lack Of Knowledge-Know The Constitution
Dumisani Nkomo
In my last installment I wrote about the desirability of building on the gains of the new constitution instead o being stuck in a moment of history and not realizing that the constitution has actually moved the country forward .The constitution provides the basis of good governance and a solid socio political infrastructure for state -citizen relations .However as long as we as people do not know the contents of the constitution as rights holders the constitution will remain a piece of paper which is the property of political elites .Just as the bible eloquently declares “My People perish because lack of knowledge “and indeed people will continue to perish as long as they do not know that the new constitution creates a relatively new governance framework and radically changes the manner in which the state and state institutions behave towards its citizens .
Public Awareness of Constitution
The new constitution states that the state should ensure that there is public awareness of the constitution .The measures which the constitution prescribes include :
1.Translating the constitution into the thirteen official languages of Zimbabwe and simplifying the document .
2.Ensuring that all state agencies including the security forces ,government department and all organs of government are familiarized with the contents of the new constitution .
3.Recognizing the role of civil society in carrying out civic awareness on the constitution .
4.The introduction of constitutional studies in schools and colleges through a civics curriculum .
This in itself is a quantum leap for the nation as it means that all public institutions have a role in promoting public awareness of the constitution and for the first time the unique contribution of civil society organization is recognized and not criminalized in the supreme law of the land .In the past civic education carried out by civic groups was frowned upon by state agencies but now it is a national constitutional duty for civil society ,public institutions including schools to ensure that there is sufficient public knowledge of the constitution .
Impact
Public Awareness of the constitution will drastically change the collective behavior ,attitudes ,responsiveness and indeed the of the architecture of state citizen interface .The constitution is not a document which should only be understood by lawyers and used or abused by political elites but it should it is a document that is made in the image of people of Zimbabwe .The new constitution represents a giant leap forward in terms of issues pertaining to :
1.Gender equality
2.Fair regional representation
3.Increased local participation by citizens
4.Sound public leadership and good governance principles
5 .Media plurality and the imperative of an impartial public broadcaster
6.Recognitioonand promotion of previously marginalized languages and cultures .
7.Protection of excluded and vulnerable groups such as children ,people with disabilities ,youths and pensioners .
8.A marked improvement in civil and political rights
9.Environmental ,social and economic rights
10 . A framework for challenging human rights violations by empowering citizens to approach the courts on their on behalf on behalf of other citizens whose rights have been violated .
11. Depoliticization of security sector ,civil service and traditional leaders by barring all these categories of people from people from being partisan in the discharge o their duties .
12 .Recognition of devolution of power to provincial and local government
13.Ceation of institutions supporting democracy I .e the independent commissions .
14 .An improved electoral system including a mixed first past the post –proportional representation system .This ensured gender parity and even parties that did not win a single seat under the first past the post system such as M.D.C [Ncube] managed to gather a few seats in parliament .
15.Recognition of the role of war veterans .Whether we like it or not we have to acknowledge the role they played in the liberation .
A Healthy Baby
Whilst the constitution may be akin to an unwanted political pregnancy as a result of an abusive ,incestuous or forced relationship between rival inclusive government political parties we all have to embrace the healthy baby that the relationship gave birth to .All the three political parties namely M.D.C ,M.D.C –T and ZANU P. should celebrate the tremendous gains that they gave birth to .Civil society including the National Constitutional Assembly brought the agenda of the new constitution on the doorsteps of parliament and the nation and should be commended for their outstanding contribution .This is a step forward even though the document is not perfect but then it would be naïve to expect a “miracle constitution ‘in such an intoxicated political environment .
Implications
The act that the new constitution recognizes languages such as Sotho ,Nampa ,Kalanga ,Shangaan ,Xhosa ,Khoisan ,Venda ,Tonga Tswana , and Sign language is a huge step for people in Binga ,Plumtree ,Beitbridge ,Hwange ,Kariba ,Masvingo and other areas amongst other areas whose language and culture had been systematically pushed o the margins o social discourse and social engagement .
The new constitution means that the Z.B.C cannot continue to be blatantly partisan but has to respect the rights of other political parties as enshrined in the charter .The new constitution legalizes peaceful demonstrations and this means that the likes of Jenny Williams ‘s WOZA , Mbuso uzwayo’s Ibhetshu Likazulu ,Z.C.T.U and Mthwakazi Joint Resolution have scored a huge victory in pushing the agendas of their constituencies through peaceful mass action .
The new constitution protects detained ,accused and arrested people .This means that the police cannot just throw people into jail without explaining why they have been arrested .The police cannot just detain people without trial .We have seen people been bungled into jail without being given reasons why . The nee constitution gives people the right to approach the courts I and when they feel aggrieved about violation of their rights .
The new constitution bars the civil service ,the security forces and traditional leaders from peddling in party politics or pursuing party agendas as has been the trend in past elections .
The people need to know and own the constitution because it is the supreme law of the land .It can be used to claim our rights and bring the government of the day to account .
Mayibuye
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