Youths object change of constitution

NEARLY nine months after Government revealed its intention to tweak the Constitution by  publishing the  Constitution  of  Zimbabwe  Amendment  (no.2) Bill  in  an  extra  ordinary  Government  Gazette, debates on merits and demerits still rage on with the youths unwavering on their stance.

Various youths groups and independent activists have led the line in advancing their disdain in amending the seven year old Charter.Petitions and written submissions are being submitted to Government officials.

Campaigns dubbed #NoToConstitutionalAmendments aimed at blocking the planned changes are in full swing even during the COVID-19 induced lockdown.

Among  other concerns raised by youths organisations and supported by other interested groups is that the changes fortify the powers of the presidency. The president would emerge with unfettered powers which are detrimental to democracy, they assert.

One of the proposed changes that have irked the youths is the re-introduction of the Public Protector.However, some say the concept is not a bad idea but its overlap to already existing bodies is worrying.

The amendment Bill  suggests  to  create  the  Office  of  the  Public  Protector  whose  responsibilities  will  literary perform  some  of  the  functions  of  the  Zimbabwe  Human  Rights  Commission  (ZHRC).
Youths say there is no  need  to  strip  the  ZHRC  of  its  constitutional  roles  as  it was  doing  a  sterling  job.

It is further argued  that  the  fact  that  the  Public Protector  will  be  appointed  by  the  President  means  the  appointee  will  not  act  in  the  public interest, hence the  need  to  keep  the ZHRC  intact and  to  continue  performing  its  duties.
“Has the Zimbabwe Human Rights Commission upset the powers that be such that some of its tasks would be shiffed to the Public Protector?” asked Bulawayo youth Pretty Sigoga.

“As a youth i do not think we need that office (Public Protector) because the Zimbabwe Human Rights Commission has done very well in defending and registering displeasure over the deplorable state  of  human  rights  in  the  country.” This apparent encroachment worries the 25 year old Sigoga.”The public protector will simply replicate the Commissions duties. Therefore that amendment should be blocked” added Sigoga.

Angela Zanele Khabo (28) says the current ZHRC persistently warns  government against violating  civil liberties shutting out re-emergency of the public protector.”Just recently we saw its statement during the planned July 31 mass protests calling on government to respect the rights of its citizens by refraining from use of various machinery to instill fear and despondency” she said adding that she is not affiliated to any youth pressure movements.

“That is a commendable job by the commission which should continue and whose task should not be executed by another organ”She said the country should stick with ‘tried and tested” strong institutions.
“The commission has also on several occasions raised red flag calling on government  to desist from inflicting constitutionally proscribed measures such as torture, inhuman or degrading treatment on dissenting political voices.”For that alone i am against the re-introduction of a public protector. I am really skeptical about its performance once created”.

Another concern raised is that the President has extraordinary powers in relation to the appointment of Public Protector and the Deputy Public Protector.Youths say that alone creates a window for the President to pick a person on ‘self-interest or political motivations’.

“Young people must reject the move because it takes power from the people and puts it in the hands of the President” Descent Collins Bajila who serves as MDC-Alliance Deputy Youth Secretary for International Affairs said.He added “Young people are the future and they must participate in public processes like interviewing of judges and members of independent commissions. Without public and youth dominated involvement in these, governance becomes a protectorate of the tired and the retired”.

Andrew Khumalo of Njube suburb in Bulawayo said the public protector will be a ‘runner for the President”.”The President can simple ignore input from key stakeholders and select a person from his inner circle.
“That appointee will simple be a stooge, wont carryout his/her mandate freely without constantly looking over his inner shoulder in case they might step on the toes of threshold.
Khumalo added that the public protector office will pile financial pressure of the national fiscus.
“The template never changes. That office will be a further burden to the national coffers.

“New cars, high salary packages and other financial benefits will be channeled to the office. We know the country is struggling and we don’t need another load” he said.

Khumalo suggested that the Human rights commission should instead be further capacitated instead of creating another body to duplicate roles.
In a statement Mthwakazi Republic Party said laws and institutions must not benefit a certain class of citizens but should be all encompassing.
It said the youth should voice out on hints of segregation.

“The youths represent our voice should make sure that sound laws are made and should not benefit the current government or generation alone but also the governments and generations to come.
The parliament represents the people and what they stand for and should do good by the people” reads part of the statement.

However, the office of the Public Protector is not a new  in Zimbabwe.
It was in existence prior to the 2013 Constitution as the Office of the Ombudsman and then it was renamed to be the office of the Public Protector.
Its mandate was derived from the Public Protector Act (Chapter 10:18) which was later repealed. 

During its existence, members of the public could approach the body with complaints of maladministration in public institutions for investigation.
Late August, a  delegation of youth representatives from  WELEAD, Crisis in Zimbabwe Coalition, Youth Empowerment and Transformation Trust and Electoral Resource Centre met the , on the proposed amendments.

Commenting on the engagement WELEAD Director Ms.Namatai Kwekweza said Ziyambi was “resolute to forward the Bill into law. We the youth are resolute to stop the bill”.
On his part Ziyambi has constantly maintained that the Public Protector’s Office was to provide a remedial avenue for individuals or entities who feel aggrieved or affected by the administrative inefficiencies of the Executive and or arms of the State.
He acknowledges that the ZHRC can carryout the tasks, but according to him the body is “concentrating more on human rights issues”, he is quoted saying.
“So if one is aggrieved by the administrative conduct of the State, one is not getting much help from the human rights commission.
“We feel that, consistent with other countries like South Africa, who have both a human rights commission and a Public Protector, we should have a public protector too, to cater for that function,”.