In creating this blog and publishing posts on the blog, I have two things in mind. I intend to set out my views from a Godly perspective in this and many other posts on the constitution making process currently underway in Zimbabwe. Secondly, I want to set in motion a discussion on what other people say about what must be included in the constitution, and whether in particular the Godly modelled constitution that I will advocate for is good for the country.
Zimbabweans have for the second time in 11 years embarked on a public, nationwide gathering of people's views for the purposes of making a constitution. The first attempt in 1999-2000, for various reasons, resulted in the rejection in a national referendum of a draft constitution that was put to the people.
There have been some misgivings with the current process from various sectors, as was the case with 1999-2000 process, the main objection being the modus operandi used to come up with the constitution. The main borne of contention is that the current process will not result in a genuine, people owned constitution because the current process is not people driven and democratic.
No matter the shortcomings or otherwise with the current process, it is vital for us as Zimbabweans to engage in an open and public discussion on the process of coming up with a constitution, and the contents thereof suitable and relevant for Zimbabwe, given its unique history, circumstances, and a number of other factors.
I personally take the stand that Zimbabwe and its people must come up with a Godly constitution. It is only when we have a Godly constitution on paper that we can at least start talking about the direction that we as a country must take as we move forward. If we get our foundation wrong, then whatever we build on that foundation is destined to collapse. It may take many years, decades, or even centuries before what we have built on collapses, but it will not last. We therefore need to build on some enduring and lasting foundation; something better than human wisdom and intellect, something better than the decision of the majority, but one that is true, secure, enduring, and timeless.
A constitution is a supreme legal document that defines how a country should be governed. It is a framework document that defines in detail, or gives guidelines, on how a people, confined to a defined geographical territory, should be governed. It creates offices and institutions, and defines and regulates their powers and functions. It creates rights and obligations for individuals and how they are to be administered.
Whichever angle one approaches the subject matter of constitution making from, the history of constitutionalism is found in the expression that executive power concentrated in the hands of a human being or a few individuals or single office is most likely to be abused, and therefore the exercise of such power must be regulated, spread out, and shared. This explains the world over, the prevalence a States founded on three pronged pillars made up of the Executive consisting of the Presidency and/or Prime Minister and the government, the Legislature consisting of Parliament responsible for making laws, and the Judiciary made up of courts responsible for interpreting the law.
Most governments all over the world, although having some unique features peculiar to their situation, have a system of governance structured along the lines stated above. It is believed that with strong institutions of these three pillars of the State, there will be checks and balances, and therefore enabling good governance, respect for human rights, promotion of democracy, resulting in prosperity, success, and peace.
In this write up, l intend to acknowledge that within the context of politics or governance issues, concentrated power in the hands of a human being or a group of individuals is subject to abuse and/or misuse. But I acknowledge this not as an absolute truth. The evidence however for the inclination by those with concentrated power to abuse it is clear in the history of arguably all nations, even those with fancied democracies.
Human history is awash with accounts of abuse of power by people in positions of authority. This history of violence and abuse is not attached to political life only, but to every aspect of human life that involves conferment of power on an individual or group of people. This conferment of power can be a natural act, voluntary act, or by way of some legal mechanism that regulates the conferment of such power.
Examples of instances where power conferred to an individual or individuals has been abused and misused include marriage relationships, corporate and government institutions
History is rampant with cases of abuse of power in any set up or scenario where power is not only concentrated, but given to an individual or group of people over either other people or over resources. For example, political power has been abused both in communal societies as well as the most fancied democracies. Whether its war crimes, genocides, holocausts, apartheid, colonialism, or mass killings of other people, it all boils down to abuse of power or authority. Whether the system of governance is based on communalism, capitalism, socialism, communism, or any other “ism” you can think of, there has been abuse. Even in so-called democracies, where there is rule of law, there are always avenues for abuse. Take for instance the concept of rule of law in a political system. A harsh law can be put in place by which a society must be governed. If that harsh law is strictly applied, that will not result in the rule of law but tyranny.
The point that comes out of this is that, beyond the written law, there must be a standard by which the desirability and fairness of that law is made and judged. There are also many reported financial abuses of power, massive corruptions, and poor judgment, and other shortcomings by presidents and leaders in the most highly regarded democratic societies.
The problem of abuse of power is not only remarkable in political circles. In any other instances where power is bestowed to a person or group of people, there have been reports of abuse. Companies, corporate institutions, and organisations have collapsed because of abuse or misuse of power by those in authority, because of poor administration, poor management, poor insight, poor judgement or poor governance. Families have collapsed, torn apart, and suffered because of abuse or misuse of power.
Either way, the effects of abused or misused power are horrendous. Millions of lives have been lost, hopes have been shattered, and many people’s lives have been made miserable, through or by the abuse of power and authority. The consequences of abused power are clearly noticeable, both at family, community, national, and international level.
Accordingly, it is my conclusion that power, however defined, and at whatever level, brings with it on the part of the person in whom it is vested the temptation to abuse or misuse it. I am not saying power is inevitably and exclusively subject to abuse, but the inclination by and temptation to human beings to abuse the power is highly irresistible, if not inevitable.
In reaching this conclusion, I wish to posit and suggest that, in the process of constitution discussion and debate, as well as the constitution making and drafting itself, people have to be careful in what they consider as the important issues to be covered in a constitution. As l have indicated before, human beings are prone, once in power, to abuse or misuse that power. There must be therefore values, standards, and considerations that transcend the written document called the Constitution. These must go beyond the written letter of the Constitution; they are the spirit of the Constitution.
When one therefore looks at constitution making process and the product that comes out of it, there is need for a lot of wisdom to identify the important issues a constitution must cover, how they must be crafted, foresight into their implications, their durability and sustainability, among many other considerations. It is not just about presidential terms, not just about personalities, not just about a party position, but much more than that. A constitution in a sense defines a national vision, it defines the culture and values of a country, it is the lifeblood of a country; and accordingly, must be well thought about, well drafted, and well received. In this vein one cabinet minister in the Government of Zimbabwe made this remark in a presentation at a Christian Opinion Leaders function recently as follows; "In conclusion, let us remind ourselves that we are in the throes of making a historic constitution for the nation. Our Christian opinion leaders have a unique, once in a lifetime opportunity to influence the course of history. Do not be silent. You were brought into leadership for such a time as this. It is a deliberate set up. Endeavour to entrench Godly values into the constitution. What legacy are we going to bequeath to future generations?"
Indeed we are in the throes of making a historic constitution, an opportunity given us to influence the course of history, a deliberate set up, and a timely occasion for the present generation to influence our posterity after us. It is important that we engage in discussion to come up with a constitution that entrenches values that serves not only our present generation, but those to come, ad infinitum. We must come up with a document that future generations will look at with pride and say; this is what our forefathers bequeathed to us; a Godly constitution; a Godly heritage and culture; and a Godly inheritance.
I invite you; Now is the time, Now is the opportunity to stand up for God and make everything count for His kingdom, including the constitution of Zimbabwe.
Contact me at muchanyereibarnabas@gmail.com
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