SlideShare uma empresa Scribd logo
1 de 7
Baixar para ler offline
International Journal of Science and Research (IJSR), India Online ISSN: 2319-7064
Volume 2 Issue 8, August 2013
www.ijsr.net
Developing a Democratic Constitutional
Framework through a People-Driven Constitution
Making Process for Zimbabwe
Wurayayi Zembe1
, Jeevananda Sanjeevaiah2
1
Democracy Institute (DI)/Jekerere, Teviotdale Road, Harare, Zimbabwe
2
Christ University, Institute of Management, Mysore Road, Bangalore – 560 074, India
Abstract: This research paper is on a study of how Zimbabwe can produce a democratic people-driven constitution as a permanent
solution to the country's problems of poor governance, violent political conflicts, economic collapse, social disintegration, and
international isolation. The purpose of the study was to explore a people-driven democratic constitution-making process that
Zimbabweans want. Two groups of research units comprised of 1 120 individuals and 67 institutions were used. The inquiry
discovered contextual meaning of six phenomena associated with a people-driven democratic constitution-making process. The study
recommends a constitution-making process model that Zimbabwe should adopt to produce a people-driven constitution
democratically.
Keywords: people-driven constitution, constitution-making process, Zimbabwe constitution model.
1. Introduction
In the past two decades the people of Zimbabwe have
been grappling with the question of how a people-driven
democratic national constitution can be authored as a way
of solving the country's serious problems of governance,
violent political electoral conflicts, sham elections,
governmental illegitimacy, economic mismanagement,
social disintegration, and international isolation.
All citizens of Zimbabwe are in agreement that the
country needs a people-driven constitution, an indication
that the new constitution must be democratic. The process
of making a people-driven constitution is as important as
the democratic constitution itself. However, there is
disagreement, as has been the case in the past, among the
citizens of the country on the constitution-making process
to be used.
This study discovers what the people of Zimbabwe mean
when they say that they want “a people-driven democratic
constitution-making process” for them to produce a
people-driven constitution for the country. The primacy
and importance of a constitution-making process is
underwritten by the values of a people-driven democratic
constitution itself as the end product of the process.
In Zimbabwe, a democratic constitution is central to the
creation of a new political, economic and social culture of
a multiparty constitutional democracy – a system of
government in which fundamental rights of citizens, peace
and security, good governance, rule of democratic
constitutional law, and sustainable development can take
place, be protected and observed. Zimbabwe needs a
legitimate, democratically elected constitutional
government to take charge, and be in control, of the
nation's official public business. A democratic constitution
is a precondition for this. It begins and ends with a
people-driven democratic constitution-making process. A
defective process will not produce a desired constitution.
The collective role of the people in the process is central
[1]. This applied research study prescribes elements of the
desired people-driven democratic constitution-making
process for Zimbabwe.
2. Review of Related Literature
While different nations of the world have used various
methods to produce their constitutions, there is no existing
literature on the particular method that Zimbabweans have
chosen. This study is therefore dealing with inventive
research and that being the case, there is no literature on
principles of a people-driven process of making a
constitution to review. However, Zimbabwe has made four
attempts at making a people's constitution in the past but
without success. The unsuccessful constitution-making
processes constitute literature that is related or similar to
the subject nature of this study. The review of these
related unsuccessful constitution-making processes helps
to expose the knowledge gap that this study aims to fill.
2.1 The Lancaster House Colonial Constitution-
Making Process
The current Lancaster House Colonial Constitution being
used as a principal instrument of national governance in
Zimbabwe was written by the British government in 1979.
The draft constitution document emanated from the
British parliament as a schedule to the Zimbabwe
Constitution Order of 1979 (Statutory Instrument
1979/1600 of the United Kingdom).
Following the enactment of that legislation the United
Kingdom government organized a Negotiation
Conference on Zimbabwe, then known as Rhodesia or
Zimbabwe-Rhodesia. The British Colonial Empire had
decided to give independence to its colony, Rhodesia, a
territory that was colonized in 1890 by Cecil John Rhodes
of the Pioneer Column.
10
International Journal of Science and Research (IJSR), India Online ISSN: 2319-7064
Volume 2 Issue 8, August 2013
www.ijsr.net
The British government invited two groups of delegations
from Zimbabwe to attend the Negotiation Conference. At
the Lancaster House Conference, the draft Zimbabwe
Constitution Order from the British parliament was used
as the basis for negotiation. At the conclusion of the
negotiations the parties to the conference adopted the draft
constitution document as part of the agreement. The
document was imported into Zimbabwe as the inherited
Lancaster House Colonial Constitution of Zimbabwe
when the country was given its independence by Britain in
1980.
2.2 The Constitutional Commission (CC) Constitution-
Making Process
The government of Zimbabwe set up a Constitutional
Commission in response to public pressure on the issue of
a new democratic constitution in 1999. The government
appointed 400 individuals, of which 150 were members of
parliament, to the commission. All the commissioners
were appointed by the country's president and they were
all from the ruling political party. The Commission was
headed by the Chief Justice of the Supreme Court of
Zimbabwe. The CC was asked to gather, analyze, and
evaluate data from the people on the constitution and to
produce a final draft constitution for presentation to the
government for adoption. The CC consulted some people
through thematic committees established for the purpose.
The outreach program of the CC was heavily
decampaigned, rejected and boycotted by the majority of
the people in the country. However, the CC went ahead
with its government-driven constitution-making process
that produced a draft constitution which was presented to
the government for consideration. The government
adopted the draft constitution before organizing a
referendum where the draft was offered to the people to
either accept or reject through the vote. In February 2000
the people of Zimbabwe rejected the draft constitution
with a majority “NO” vote.
2.3 The National Constitutional Assembly (NCA)
Constitution-Making Process
The National Constitutional Assembly (NCA), a civil
society constitutional lobby movement was formed in mid
1997 to campaign for a new democratic constitution for
Zimbabwe. The NCA comprised political parties, workers
trade unions, churches, student bodies, human rights
organizations, professional associations, women's groups,
youth movements, and individual citizens.
.
By the time the government of Zimbabwe appointed the
Constitutional Commission (CC) in 1999 the NCA had
already done a lot of work in conscientising the people on
the need for a democratic constitution as a way of solving
the country's problems. The NCA rejected the manner in
which the government's CC was established, the
appointment of partisan commissioners, and the
government's control of the constitution-making process.
The NCA argued that the Commission's constitution-
making process was not people-driven since the process
was owned, managed and controlled by the ruling political
party and its government.
After rejecting the government-driven constitution-
making process the NCA began a parallel process of
consulting the people on the constitutional issue. During
the process of consultation the NCA also started to gather
the people's views on the constitution. After collecting the
data, the assembly analyzed and evaluated it before
producing its own draft constitution. At the February 2000
referendum for the government's draft constitution the
NCA members cast a “NO” vote. The NCA draft
constitution was not put to a referendum because it was
not officially accepted by the government.
2.4 Constitution Parliamentary Select Committee
(COPAC) Constitution-Making Process
On 29 March to 27 June 2008 the nation of Zimbabwe
held bloody violent harmonized elections using the
current Lancaster House colonial constitution as amended.
The results of the harmonized elections were withheld for
close to two months before they were announced.
Overwhelming public perception in Zimbabwe is that the
election results were manipulated in order to prevent the
announcement of the outright winners. Because of a
constitutional requirement that if the results of a
presidential election were less than 50%+1 of the total
votes cast, then a presidential election run-off between the
two candidates who secured the highest number of votes
in the first election would be conducted within ninety (90)
days of the announcement of the results, a re-run
presidential election in which the two candidates who
secured the most votes was held on 27 June 2008. It was
during the presidential run-off election that animated
political violence unprecedented in African history was
witnessed. In the aftermath some three political parties
decided to enter into an agreement codenamed “Global
Political Agreement (GPA)” on 15 September 2008. The
GPA agreement was signed by the presidents of the three
political parties and the Southern African Development
Community (SADC) Facilitator as a witness on 15
September 2008.
In ARTICLE VI of the GPA the three political parties
agreed to appoint a select committee of parliament
(COPAC) composed of representatives of the parties
whose terms of reference include holding public hearings
and consultations as it may deem fit in the process of
public consultation over the making of a new constitution
for Zimbabwe. The COPAC constitution-making process
produced its compromised draft constitution that was
negotiated in secret by the 3-political parties in the GPA
on 18 July 2012. The negotiated compromised partisan
draft constitution caused irreconcilable sharp
disagreements between the 3-political parties which led to
one of the parties to produce its own draft constitution
based on two hundred (200) amendments that it proposed
should be included into the COPAC draft. On 21 – 23
October 2012 COPAC held its second all stakeholders'
conference where the proposed amendments were
submitted, considered, and adopted.
The Herald of 22 October 2012 reports that the heads of
the 3-political parties in COPAC, as GPA principals,
instructed their subordinate members of parliament
attending the second all stakeholders' conference to
11
International Journal of Science and Research (IJSR), India Online ISSN: 2319-7064
Volume 2 Issue 8, August 2013
www.ijsr.net
surrender the amended COPAC draft constitution to them
so that the principals can scrutinize it for further
amendments before a referendum on the document can be
organized.
A referendum on the COPAC draft constitution was
conducted on 16 March 2013 and 3 079 966 members of
the three GPA political parties voted for the draft while
179 489 voted against it. The COPAC draft constitution
was enacted by the GPA Parliament as an amendment
number 20 to the Lancaster House Colonial Constitution
of Zimbabwe on 22 May 2013.
3. Methodology
The research methodology of this study is guided by a
realization that the research is original with regard to the
phenomena under inquiry and the intended objective.
There is no known established principle or theory on the
subject of “a people-driven democratic constitution-
making process”, and specifically “for the people of
Zimbabwe”. It is a situation of a unique constitution-
making process for a unique nation of Zimbabwe. For
these reasons, the study adopted mixed research
paradigms that use exploratory, descriptive, and inductive
social research techniques. For the aims and objectives of
this applied research study to be achieved, the people of
Zimbabwe were classified into two research segments of
individuals and institutions as units of inquiry.
Since the social phenomena being studied relate to the
constitution and the process of making it, the primary
concern of the study is that of political power and the
rights of citizens in the constitution-making process and in
constitutional governance. This particular research design
approach of study population segmentation was chosen
because of its perceived significance in capturing
important data from a wide spectrum of both natural and
juristic persons as stakeholders and actors in the
constitution-making process in Zimbabwe. The
segmentation of the people of Zimbabwe into specific
research groups was instrumental in capturing data from
the expression of ideas, views and values representing
various actors and interests in the constitution-making
process. It was possible to validate data by making inter
and intra segmental comparisons. The study used a non
probability purposive/judgmental sampling method to
select research entities that were put into the samples. The
sampling method was chosen because of the diverse
nature and parameter of the research population.
A sample of 1 120 individuals drawn equally from ten
provinces of Zimbabwe and 67 institutions was selected
for the study. Institutions comprised 8 political parties, 33
human rights organisations, 14 educational and
professional bodies, 10 industrial associations of business
enterprises, 1 government, and 1 Diaspora association of
Zimbabweans. Individual participants completed a
questionnaire while institutions were interviewed and
observed. Descriptive statistics of frequencies and
percentages were used to analyze and interpret collected
data. Qualitative data were analyzed using logical and
rational evaluation techniques based on the researchers'
mental model conceptual framework of operational
definition of terms. The study was conducted during the
period from December 2011 to December 2012 in
Zimbabwe.
4. Results and Discussion
The main findings of the study are:
4.1 Discovery of contextual meaning of six
constitution-making process phenomena:
 The People – collective minds of all Zimbabweans put
together as a source of ideas on the constitution-making
process. It is a social phenomenon embedded in a
natural phenomenon. The people phenomenon on the
constitution-making process is a social concept of
human ideas. Ideas are perceptions of the nature of
human life. Ideas are facts of life. They are knowledge.
 The Constitution – an embodiment of the people's
ideas. It represents collective social intellectual property
of the people in a country. A constitution is knowledge
about life and that knowledge resides in the human
mind. It is an intangible product of a people-driven
democratic constitution-making process.
 Constitution-Making – the act of giving ideas from
which a constitution is produced. The act of giving
constitutional ideas is a mental process of thinking that
is performed directly by individual persons as part of
the people. Constitution-making occurs in the human
mind.
 Democratic Constitution-Making Process – open
popular people participation, involvement, and
inclusion in all stages and at all times from the start to
the end of a people-driven constitution-making process.
There must be abundant freedom of thought, speech,
association, assembly, and expression without fear of
violence, intimidation, coercion, and threats.
 People-Driven – action taken, done, based on, or
derived from the collective ideas gathered from the
people.
 Constitution-Making Structure-the implementing
organizational mechanism of a people-driven
democratic constitution-making process.
The discovery of contextual meaning of the six
constitution-making process phenomena is a major output
of the study because it lays the foundation to the
development of a theory on the subject of a people-driven
democratic constitution-making process. Definition of key
concepts constitute a principle that would guide
implementation of a constitution-making process if the
desired end result of producing a people-driven
democratic constitution is to be achieved in Zimbabwe.
The four constitution-making processes reviewed in
section two above did not have guiding theoretical
frameworks derived from the people and probably that
could be the main reason why they failed to produce a
people-driven constitution.
4.2 Ideas make a constitution
A constitution is made up of ideas, not papers. This result
came from 94.1% of individual respondents in the study.
12
International Journal of Science and Research (IJSR), India Online ISSN: 2319-7064
Volume 2 Issue 8, August 2013
www.ijsr.net
Those who thought a constitution is a piece of paper was
only 1.0%. This finding dismisses any notion, as has often
been heard in general talk in Zimbabwe, that a
constitution is a mere piece of paper. Ideas are intangible
phenomena; consequently, a constitution is an intangible
phenomenon. It has no physical substance. It represents
collective intellectual property of the people in a country.
Another alternative view is to consider a constitution as an
intangible national investment from the people.
4.3 Source of a constitution
The source of a constitution is the people. This view came
from 85.3% of the participants. A constitution is sourced
from the people and it is produced by the people. The
people phenomenon produces the constitution
phenomenon. In other words, a constitution is a creature
of the people and not vice versa. It is not possible for a
constitution to create the people. If a constitution is made
up of ideas and ideas come from the people, it is fact that
ideas cannot create people.
This conclusion is important when considering the
functions of institutions that are created by a constitution
such as government, parliament, judiciary, executive,
president, and cabinet. These institutions or
establishments are creations of a constitution and since a
constitution is a creation of the people the institutions
cannot produce both a constitution and the people.
Organizations or institutions exist as groups because they
have people in them, and without the people, the groups
do not exist, therefore, as nonentities no ideas can ever
come from them because they are nothing. Ideas can only
be produced by individual persons who collectively
constitute the people.
4.4 Making a constitution
The people make a constitution (83.3%) by giving ideas
through a direct mental process of thinking (93.2%). The
constitution-making process occurs in the human mind or
brain which is then manifested by giving ideas through a
medium of communication, eg, written, oral, and sign.
The constitution-making phenomenon is an intangible
thing. This characteristic is common to both the people
and the constitution phenomena. A common denominator
of the three phenomena, namely the people, the
constitution, and constitution-making, is the concept of
ideas. The three phenomena therefore are, and they
represent, human ideas about life and its natural
surroundings on the constitution-making process in
Zimbabwe. Ideas are knowledge, and therefore intangible
phenomena. In his glossary [2] defines knowledge “as
actionable information or tacit or explicit knowledge”.
The constitution-making phenomenon is about giving
human ideas that, in turn, make up a constitution. It is a
social process that is undertaken by the people
collectively as task actors.
4.5 Thinking entities
The people think and originate ideas as individuals
(73.5%) not groups, institutions, or organisations (17.6%).
The brain, head, and mind are concepts of the people
phenomenon that combine to produce ideas. The human
brain, head, and mind perform the thinking task of the
people phenomenon. It is the human brain, head, and
mind that supply the constitution phenomenon with ideas.
Since ideas originate and are sourced, from the human
brain, head, and mind, it is these three synonyms that
represent the people phenomenon on constitution-making
for Zimbabwe. It is the individual persons who are
thinking entities not groups of individuals.
The people phenomenon is a group concept and therefore
the phenomenon cannot perform the act of thinking. A
group is a nonentity. The task of thinking is performed by
the individual person as a contribution to group ideas. It
follows that since the people phenomenon represents
collective action that gives rise to the phenomenon of the
constitution and constitution-making, the people concept
must have the participation or membership of individual
persons for the collective ideas to become the output of
the people group phenomenon on constitution-making in
Zimbabwe. The person phenomenon operationalizes the
people phenomenon on the constitution-making process.
Without the active participation of the person
phenomenon, the people phenomenon cannot exist.
Consequently, the phenomena of the constitution and
constitution-making cannot exist too. However, the
individual person phenomenon cannot make or write a
constitution. Constitution-making and the constitution are
products of the people phenomenon.
4.6 Institutions and Organizations are Not People
Institutions or organizations are not people; therefore, they
cannot make, write, or author a constitution. It is revealing
that even some of the institutional respondents that
informed the study like political parties, government, and
human rights organizations did not describe themselves as
the people on the constitution-making in Zimbabwe. From
this result alone it can be concluded that institutions or
organizations are not people. This conclusion supports [3]
when he defines an organization “as a group of people
who exist to achieve a common purpose”. A group being
an assemblage of two or more people is itself not people.
It can be concluded that a group is not a people entity
within the context of constitution-making in Zimbabwe.
Therefore, institutions and organizations are not parts or
elements of the people phenomenon. Organizations or
institutions do not have human brain, head, and mind so
they cannot perform the act of thinking on their own
without the agency of a group of natural human beings.
Institutions and organizations are juristic creations of
natural human beings. They cannot think of ideas. They
are not created to do so and they can never have such an
attribute. Organizations and institutions are social human-
made abstractions that are not housed by a natural
phenomenon. Without a membership of natural human
beings, institutions and organizations are nonentities.
4.7 Driving force
The people's ideas are the driving force behind a people-
driven (73.5%) democratic constitution-making process. It
is concluded that the people-driven phenomenon is a
13
International Journal of Science and Research (IJSR), India Online ISSN: 2319-7064
Volume 2 Issue 8, August 2013
www.ijsr.net
process that is directed by the collective ideas of the
people phenomenon. The people's ideas are the driving
force behind a democratic constitution-making process for
Zimbabwe. This is the meaning of the people-driven
phenomenon on the constitution making process as shown
by the study results.
4.8 Implementing structure
It is clear from these study results that a people-driven
democratic constitution-making process requires an
organizational structure for implementation. An
organization is a group of people who exist to achieve a
common purpose [4]. The issues of how a constitution-
making process should be organized and who should be in
charge have triggered the aspect of operationalizing the
constitution-making process phenomena in the real world.
Reality on the ground demands that for successful
implementation of the constitution-making process, the
question of social order must be addressed. It is not
possible for all Zimbabweans to take part directly in the
implementing structure. Reality dictates that a manageable
smaller group of people should be appointed by
Zimbabweans only for the purposes of leading a
constitution-making process in a representative capacity.
The implementing constitution-making organizational
structure must be independent, neutral, and non partisan in
its operations. The structure must be appointed by all the
people of Zimbabwe at a special purpose election
organized by the entire citizenry and supported by their
institutions of goodwill. The mandate of the constitution-
making implementing structure is to facilitate and
coordinate the process of collecting ideas and to format
the ideas into the required form or manner of a people's
democratic constitution.
4.9 Funding
Zimbabweans must fund (73.6%) their own people-driven
democratic constitution-making process that leads to the
production of their own people-driven constitution. This
research finding clearly indicates that the people of
Zimbabwe must finance their own people-driven
democratic constitution-making process that leads to the
production of their own people-driven constitution. This
study result dismisses the notion that is being peddled in
Zimbabwe that the country should beg for money from
foreign donors to finance the constitution-making process.
A country endowed with rich mineral resources like
diamond, platinum, coal, and gold, just to name a few,
surely cannot fail to raise the required financial resources
that are needed to fund such an important process as the
constitution-making process.
5. Conclusion and Recommendation
5.1 Elements
The research outcome identifies six factors or elements as
the building blocks of a people-driven democratic
constitution-making process. The six factors are: the
people; the constitution; constitution-making; democratic
constitution-making; people-driven; and constitution-
making structure.
5.2 Process
The six factors or elements of a people-driven democratic
constitution-making for Zimbabwe can be arranged in a
methodical sequence that represents a process. A process
is a coordinated series of events, activities, and tasks that
leads to a desired outcome. The desired outcome of a
people-driven democratic constitution-making process is
to produce a people-driven constitution for Zimbabwe. An
attempt to serialize the six factors produces a picture
depicted in Figure 1.
Figure 1: Constitution-making process
Figure 1 shows that the constitution-making process starts
with the people in the outer circle followed by
constitution-making; democratic constitution-making;
people-driven; constitution-making structure; and the
constitution. From the outer to the inner circle, the first
four stages occur first indicating that the constitution-
making structure is only needed as a conduit to channel
the outputs of the first four stages into the final stage of
the constitution. The sequencing of the stages of the
constitution-making process is based on the role of the
factors in the process.
5.3 Variables
The findings of this descriptive exploratory
phenomenological study have identified the six building
blocks of a people-driven democratic constitution-making
process for Zimbabwe as the variables of the process. A
closer look at the constitution-making process variables
suggests that relationships between variables exist.
The people variable is an independent variable that causes
and influences the other variables. The dependent
variables are: the constitution; constitution-making;
democratic constitution-making; people-driven; and
constitution-making structure. The order in which the
independent variable affects the dependent variables is as
indicated in Figure 1: constitution-making process, above.
Further more, the study identifies five intervening or
mediating constitution-making process variables. These
are consultation, democracy, participation, governance,
and transparency. A pictorial depiction of the order of
impacts between the independent variable and the
intervening and dependent variables is shown by Figure 2
which is based on path analysis.
14
International Journal of Science and Research (IJSR), India Online ISSN: 2319-7064
Volume 2 Issue 8, August 2013
www.ijsr.net
Figure 2: Constitution-making process variables
Figure 2 shows that the independent variable impacts on
the intervening variable, which in turn, impacts on the
dependent variable, which in turn, impacts on another
mediating variable, and so on, up to the last variable. The
last border line arrows linking the independent variable
with the last dependent variable indicate a relationship
that the people make the constitution.
The consultation mediating variable includes
communication. Democracy intervening variable includes
peace, freedom of thought, openness, and fairness.
Participation variable includes involvement and inclusion.
Governance mediating variable includes leadership,
management, decision-making, and control. The
transparency intervening variable includes accountability
and disclosure.
5.4 Model
Figure 3: Peopled-driven constitution-making process
model for Zimbabwe.
Figure 3 show that the people make the constitution. The
people are the foundation of the constitution. Through
consultation the people embark on constitution-making by
giving ideas and through democracy the ideas are given
freely, openly, and democratically. Through participation
the people's ideas drive the constitution-making process.
Through governance the people establish a constitution-
making structure and through transparency the structure
channels and molds the people's ideas into the desired
constitution which is then enshrined in a constitution
document.
The constitution-making process model indicates that it is
not necessary to hold a referendum which asks the people
to either accept or reject the constitution. In a people-
driven democratic constitution-making process, the people
merely approve and adopt their ideas as works on the
constitution emanating from the implementing task of the
constitution-making structure. It is not possible for the
people to reject their own ideas once given in a
democratic constitution-making process exercise. A
referendum that asks the people to reject their own ideas
is therefore a contradiction of a people-driven process. A
constitution is merely approved and adopted by the people
in a democratic people-driven constitution-making
process.
The final outcome of this research study has proved that it
is possible to create a democratic constitutional
framework through a people-driven constitution-making
process in Zimbabwe. It is feasible and possible to
produce a people-driven democratic constitution through a
constitution-making process that is driven by the people
of Zimbabwe. Figure 3 shows a research deliverable of a
people-driven democratic constitution-making process
model for Zimbabwe from this study. The researchers
recommend the adoption of the constitution-making
process model in order that a people-driven democratic
constitution can be produced in Zimbabwe.
6. Challenges Encountered in the Study
The study was undertaken at a time when the 3-Political
Parties Select Committee of Parliament (COPAC)
constitution-making process was in progress in
Zimbabwe. COPAC constitution-making process brought
confusion and political polarization that caused most
organizations to adopt a wait-and-see attitude on the
outcome of the process. Because most institutional
research units fell into one of the two major political
camps of the GPA partners, the interviewed organizations
were not at liberty to give their positions on a people-
driven democratic constitution-making process under
investigation in this study. Their behavior was subdued by
the ongoing COPAC constitution-making process.
However, most organizations did not have a formal policy
response on the topic under inquiry. To overcome the
challenge, the researchers relied heavily on the
observatory method of data collection to study the
behavior of institutional respondents in the study. Unlike
most institutional respondents that were undecided,
individual participants were able to inform the study
adequately on all material aspects of the research study.
Another challenge encountered in the study was that of
political violence which is prevalent in Zimbabwe.
Political violence may have worked to discourage more
individuals and institutions from participating freely in the
study for fear of political victimization. Overall the
objectives of the study were met because the researchers
used mixed methods approach to data collection, analysis,
interpretation, and research methodological design.
15
International Journal of Science and Research (IJSR), India Online ISSN: 2319-7064
Volume 2 Issue 8, August 2013
www.ijsr.net
References
[1] Zembe, W. 2009. Constitutionalism in Zimbabwe:
Unfinished Business; A People-Driven Process, LAP
LAMBERT Academic Publishing, Koln.
[2] Jashapara, A. 2004. Knowledge Management: An
Integrated Approach, Pearson Education, Essex.
[3] Armstrong, M. 2009. Armstrong's Handbook of
Human Resources Practice, Kogan Page, London and
Philadelphia.
[4] Armstrong, M. 2009. Armstrong's Handbook of
Human Resources Practice, Kogan Page, London and
Philadelphia.
Author Profile
Wurayayi Zembe is an author and Associate
member of the Institute of Chartered Secretaries
and Administrators International and holds a
masters degree in Peace and Governance (MPG)
from Africa University's Institute of Peace,
Leadership and Governance. He is a PhD Scholar in
Management and Governance at the Centre for Research, Christ
University, Bangalore, India. He is the Chairman of Democracy
Institute (DI)/Jekerere.
Jeevananda Sanjeevaiah, MBA, MFT, M Phil,
PhD, is Associate Professor and Kengeri Campus
Coordinator at the Institute of Management, Christ
University, Bangalore, India.
16

Mais conteúdo relacionado

Mais procurados

Law and electoral politics in nigeria
Law and electoral politics in nigeriaLaw and electoral politics in nigeria
Law and electoral politics in nigeriaAlexander Decker
 
The cost of federal legislation in nigeria
The cost of federal legislation in nigeriaThe cost of federal legislation in nigeria
The cost of federal legislation in nigeriastatisense
 
Indonesia’s New President: What does the future hold?
Indonesia’s New President: What does the future hold?Indonesia’s New President: What does the future hold?
Indonesia’s New President: What does the future hold?Edelman
 
The characteristics needed by the Japanese Diet to help curb corruption
The characteristics needed by the Japanese Diet to help curb corruptionThe characteristics needed by the Japanese Diet to help curb corruption
The characteristics needed by the Japanese Diet to help curb corruptionJohn David Garrett
 
Study of oversight functions mechanism of the legislature of cross river stat...
Study of oversight functions mechanism of the legislature of cross river stat...Study of oversight functions mechanism of the legislature of cross river stat...
Study of oversight functions mechanism of the legislature of cross river stat...Alexander Decker
 
Fd country overview south sudan
Fd country overview   south sudanFd country overview   south sudan
Fd country overview south sudanJohn David Garrett
 
A Jokowi Presidency Politics, Government and Business Under Indonesia’s Futur...
A Jokowi Presidency Politics, Government and Business Under Indonesia’s Futur...A Jokowi Presidency Politics, Government and Business Under Indonesia’s Futur...
A Jokowi Presidency Politics, Government and Business Under Indonesia’s Futur...APCO
 
Japanese Diet - Parliamentary Committee Oversight
Japanese Diet - Parliamentary Committee Oversight Japanese Diet - Parliamentary Committee Oversight
Japanese Diet - Parliamentary Committee Oversight John David Garrett
 
Rule of Law to Ensure Safety of Journalists and Combating Impunity - Nepal : ...
Rule of Law to Ensure Safety of Journalists and Combating Impunity - Nepal : ...Rule of Law to Ensure Safety of Journalists and Combating Impunity - Nepal : ...
Rule of Law to Ensure Safety of Journalists and Combating Impunity - Nepal : ...Abhas Rajopadhyaya
 
Media by Government: Use and Impact in Cambodia
Media by Government: Use and Impact in CambodiaMedia by Government: Use and Impact in Cambodia
Media by Government: Use and Impact in CambodiaSel San
 
Access to information in Middle east and north Africa
Access to information in Middle east and north Africa Access to information in Middle east and north Africa
Access to information in Middle east and north Africa Hayder Hamzoz
 
Public Interest Litigation
Public Interest LitigationPublic Interest Litigation
Public Interest LitigationKeshav Choudhary
 
Human Rights Case study Report article.odt.Revised
Human Rights Case study Report article.odt.RevisedHuman Rights Case study Report article.odt.Revised
Human Rights Case study Report article.odt.RevisedElvis Lemiso
 
The political influence of civil society in Vietnam
The political influence of civil society in VietnamThe political influence of civil society in Vietnam
The political influence of civil society in VietnamZelda Gin
 

Mais procurados (19)

Law and electoral politics in nigeria
Law and electoral politics in nigeriaLaw and electoral politics in nigeria
Law and electoral politics in nigeria
 
Politics of Nigeria
Politics of NigeriaPolitics of Nigeria
Politics of Nigeria
 
The cost of federal legislation in nigeria
The cost of federal legislation in nigeriaThe cost of federal legislation in nigeria
The cost of federal legislation in nigeria
 
People's Assembly road map
People's Assembly road mapPeople's Assembly road map
People's Assembly road map
 
Indonesia’s New President: What does the future hold?
Indonesia’s New President: What does the future hold?Indonesia’s New President: What does the future hold?
Indonesia’s New President: What does the future hold?
 
Indonesia votes 2014 (1)
Indonesia votes 2014 (1)Indonesia votes 2014 (1)
Indonesia votes 2014 (1)
 
The characteristics needed by the Japanese Diet to help curb corruption
The characteristics needed by the Japanese Diet to help curb corruptionThe characteristics needed by the Japanese Diet to help curb corruption
The characteristics needed by the Japanese Diet to help curb corruption
 
Study of oversight functions mechanism of the legislature of cross river stat...
Study of oversight functions mechanism of the legislature of cross river stat...Study of oversight functions mechanism of the legislature of cross river stat...
Study of oversight functions mechanism of the legislature of cross river stat...
 
Fd country overview south sudan
Fd country overview   south sudanFd country overview   south sudan
Fd country overview south sudan
 
A Jokowi Presidency Politics, Government and Business Under Indonesia’s Futur...
A Jokowi Presidency Politics, Government and Business Under Indonesia’s Futur...A Jokowi Presidency Politics, Government and Business Under Indonesia’s Futur...
A Jokowi Presidency Politics, Government and Business Under Indonesia’s Futur...
 
Japanese Diet - Parliamentary Committee Oversight
Japanese Diet - Parliamentary Committee Oversight Japanese Diet - Parliamentary Committee Oversight
Japanese Diet - Parliamentary Committee Oversight
 
Rule of Law to Ensure Safety of Journalists and Combating Impunity - Nepal : ...
Rule of Law to Ensure Safety of Journalists and Combating Impunity - Nepal : ...Rule of Law to Ensure Safety of Journalists and Combating Impunity - Nepal : ...
Rule of Law to Ensure Safety of Journalists and Combating Impunity - Nepal : ...
 
Media by Government: Use and Impact in Cambodia
Media by Government: Use and Impact in CambodiaMedia by Government: Use and Impact in Cambodia
Media by Government: Use and Impact in Cambodia
 
Access to information in Middle east and north Africa
Access to information in Middle east and north Africa Access to information in Middle east and north Africa
Access to information in Middle east and north Africa
 
Public Interest Litigation
Public Interest LitigationPublic Interest Litigation
Public Interest Litigation
 
Activity report of the CPLR 2019
Activity report of the CPLR 2019Activity report of the CPLR 2019
Activity report of the CPLR 2019
 
Human Rights Case study Report article.odt.Revised
Human Rights Case study Report article.odt.RevisedHuman Rights Case study Report article.odt.Revised
Human Rights Case study Report article.odt.Revised
 
The political influence of civil society in Vietnam
The political influence of civil society in VietnamThe political influence of civil society in Vietnam
The political influence of civil society in Vietnam
 
Indu mehta pil
Indu mehta pilIndu mehta pil
Indu mehta pil
 

Semelhante a Developing a Democratic Constitutional Framework through a People-Driven Constitution Making Process for Zimbabwe

Protecting civic space in Kenya IHoughton SMuchai March 2014
Protecting civic space in Kenya IHoughton SMuchai March 2014Protecting civic space in Kenya IHoughton SMuchai March 2014
Protecting civic space in Kenya IHoughton SMuchai March 2014irunguh
 
People's assembly roadmap
People's assembly roadmapPeople's assembly roadmap
People's assembly roadmaposkare10
 
History of Constitution Making in Kenya (Pdf) (4).pdf
History of Constitution Making in Kenya (Pdf) (4).pdfHistory of Constitution Making in Kenya (Pdf) (4).pdf
History of Constitution Making in Kenya (Pdf) (4).pdfMOHAMEDNURMAALIM
 
A Review of FDRE Civil Society Proclamation No.621/2009
A Review of FDRE Civil Society Proclamation No.621/2009A Review of FDRE Civil Society Proclamation No.621/2009
A Review of FDRE Civil Society Proclamation No.621/2009Markos Mulat G
 
Features of Nepal constitution 2072
Features of Nepal constitution 2072Features of Nepal constitution 2072
Features of Nepal constitution 2072mswikar
 
Constitution n Development in Uganda.pdf
Constitution n Development in Uganda.pdfConstitution n Development in Uganda.pdf
Constitution n Development in Uganda.pdfssuser504dda
 
Transparency and Accountability in Governance in India
Transparency and Accountability in Governance in IndiaTransparency and Accountability in Governance in India
Transparency and Accountability in Governance in IndiaDr Lendy Spires
 
Transparency and Accountability in Ggovernance in India
Transparency and Accountability in Ggovernance in IndiaTransparency and Accountability in Ggovernance in India
Transparency and Accountability in Ggovernance in IndiaDr Lendy Spires
 
Simultaneous elections of Parliament and state Assembly
Simultaneous elections of Parliament and state AssemblySimultaneous elections of Parliament and state Assembly
Simultaneous elections of Parliament and state AssemblyCol Mukteshwar Prasad
 
Caveat - VOLUME 04/I, SEPTEMBER 2009 - LBH Masyarakat
Caveat - VOLUME 04/I, SEPTEMBER 2009 - LBH MasyarakatCaveat - VOLUME 04/I, SEPTEMBER 2009 - LBH Masyarakat
Caveat - VOLUME 04/I, SEPTEMBER 2009 - LBH MasyarakatLBH Masyarakat
 
ARI Briefing Note, Party rules - Consolidating power through constitutional r...
ARI Briefing Note, Party rules - Consolidating power through constitutional r...ARI Briefing Note, Party rules - Consolidating power through constitutional r...
ARI Briefing Note, Party rules - Consolidating power through constitutional r...Nick Branson
 
India Legal 10 September 2018
India Legal 10 September 2018India Legal 10 September 2018
India Legal 10 September 2018ENC
 
Challenges of Constitution-making in Uganda.pdf
Challenges of Constitution-making in Uganda.pdfChallenges of Constitution-making in Uganda.pdf
Challenges of Constitution-making in Uganda.pdfssuser504dda
 
Nchr egypt upr20_egy_Relation Sandro Suzart SUZART GOOGLE INC United S...
Nchr egypt upr20_egy_Relation Sandro Suzart  SUZART    GOOGLE INC    United S...Nchr egypt upr20_egy_Relation Sandro Suzart  SUZART    GOOGLE INC    United S...
Nchr egypt upr20_egy_Relation Sandro Suzart SUZART GOOGLE INC United S...Sandro Suzart
 
Nchr egypt upRelation between Sandro Suzart, SUZART, GOOGLE INC, United...
Nchr egypt upRelation between Sandro Suzart,  SUZART,    GOOGLE INC,   United...Nchr egypt upRelation between Sandro Suzart,  SUZART,    GOOGLE INC,   United...
Nchr egypt upRelation between Sandro Suzart, SUZART, GOOGLE INC, United...Sandro Santana
 
Kazakhstan democracy
Kazakhstan democracyKazakhstan democracy
Kazakhstan democracyKazakhWorld
 
NON-GOVERNMENTAL ORGANISATIONS REGULATORY BILL: A threat to Civil Society?
NON-GOVERNMENTAL ORGANISATIONS REGULATORY BILL: A threat to Civil Society?NON-GOVERNMENTAL ORGANISATIONS REGULATORY BILL: A threat to Civil Society?
NON-GOVERNMENTAL ORGANISATIONS REGULATORY BILL: A threat to Civil Society?CSR-in-Action
 
Indian constitution .pptx
Indian constitution .pptxIndian constitution .pptx
Indian constitution .pptxDelhiGamers
 
ရခုိင္ျပည္နယ္ဖြဲ႔စည္းပုံအေျခခံဥပေဒမူၾကမ္း
ရခုိင္ျပည္နယ္ဖြဲ႔စည္းပုံအေျခခံဥပေဒမူၾကမ္းရခုိင္ျပည္နယ္ဖြဲ႔စည္းပုံအေျခခံဥပေဒမူၾကမ္း
ရခုိင္ျပည္နယ္ဖြဲ႔စည္းပုံအေျခခံဥပေဒမူၾကမ္းဆရာ ဟိန္းတင့္ေဇာ္
 
Political science lec 4(constitution)
Political science lec 4(constitution)Political science lec 4(constitution)
Political science lec 4(constitution)moshiape
 

Semelhante a Developing a Democratic Constitutional Framework through a People-Driven Constitution Making Process for Zimbabwe (20)

Protecting civic space in Kenya IHoughton SMuchai March 2014
Protecting civic space in Kenya IHoughton SMuchai March 2014Protecting civic space in Kenya IHoughton SMuchai March 2014
Protecting civic space in Kenya IHoughton SMuchai March 2014
 
People's assembly roadmap
People's assembly roadmapPeople's assembly roadmap
People's assembly roadmap
 
History of Constitution Making in Kenya (Pdf) (4).pdf
History of Constitution Making in Kenya (Pdf) (4).pdfHistory of Constitution Making in Kenya (Pdf) (4).pdf
History of Constitution Making in Kenya (Pdf) (4).pdf
 
A Review of FDRE Civil Society Proclamation No.621/2009
A Review of FDRE Civil Society Proclamation No.621/2009A Review of FDRE Civil Society Proclamation No.621/2009
A Review of FDRE Civil Society Proclamation No.621/2009
 
Features of Nepal constitution 2072
Features of Nepal constitution 2072Features of Nepal constitution 2072
Features of Nepal constitution 2072
 
Constitution n Development in Uganda.pdf
Constitution n Development in Uganda.pdfConstitution n Development in Uganda.pdf
Constitution n Development in Uganda.pdf
 
Transparency and Accountability in Governance in India
Transparency and Accountability in Governance in IndiaTransparency and Accountability in Governance in India
Transparency and Accountability in Governance in India
 
Transparency and Accountability in Ggovernance in India
Transparency and Accountability in Ggovernance in IndiaTransparency and Accountability in Ggovernance in India
Transparency and Accountability in Ggovernance in India
 
Simultaneous elections of Parliament and state Assembly
Simultaneous elections of Parliament and state AssemblySimultaneous elections of Parliament and state Assembly
Simultaneous elections of Parliament and state Assembly
 
Caveat - VOLUME 04/I, SEPTEMBER 2009 - LBH Masyarakat
Caveat - VOLUME 04/I, SEPTEMBER 2009 - LBH MasyarakatCaveat - VOLUME 04/I, SEPTEMBER 2009 - LBH Masyarakat
Caveat - VOLUME 04/I, SEPTEMBER 2009 - LBH Masyarakat
 
ARI Briefing Note, Party rules - Consolidating power through constitutional r...
ARI Briefing Note, Party rules - Consolidating power through constitutional r...ARI Briefing Note, Party rules - Consolidating power through constitutional r...
ARI Briefing Note, Party rules - Consolidating power through constitutional r...
 
India Legal 10 September 2018
India Legal 10 September 2018India Legal 10 September 2018
India Legal 10 September 2018
 
Challenges of Constitution-making in Uganda.pdf
Challenges of Constitution-making in Uganda.pdfChallenges of Constitution-making in Uganda.pdf
Challenges of Constitution-making in Uganda.pdf
 
Nchr egypt upr20_egy_Relation Sandro Suzart SUZART GOOGLE INC United S...
Nchr egypt upr20_egy_Relation Sandro Suzart  SUZART    GOOGLE INC    United S...Nchr egypt upr20_egy_Relation Sandro Suzart  SUZART    GOOGLE INC    United S...
Nchr egypt upr20_egy_Relation Sandro Suzart SUZART GOOGLE INC United S...
 
Nchr egypt upRelation between Sandro Suzart, SUZART, GOOGLE INC, United...
Nchr egypt upRelation between Sandro Suzart,  SUZART,    GOOGLE INC,   United...Nchr egypt upRelation between Sandro Suzart,  SUZART,    GOOGLE INC,   United...
Nchr egypt upRelation between Sandro Suzart, SUZART, GOOGLE INC, United...
 
Kazakhstan democracy
Kazakhstan democracyKazakhstan democracy
Kazakhstan democracy
 
NON-GOVERNMENTAL ORGANISATIONS REGULATORY BILL: A threat to Civil Society?
NON-GOVERNMENTAL ORGANISATIONS REGULATORY BILL: A threat to Civil Society?NON-GOVERNMENTAL ORGANISATIONS REGULATORY BILL: A threat to Civil Society?
NON-GOVERNMENTAL ORGANISATIONS REGULATORY BILL: A threat to Civil Society?
 
Indian constitution .pptx
Indian constitution .pptxIndian constitution .pptx
Indian constitution .pptx
 
ရခုိင္ျပည္နယ္ဖြဲ႔စည္းပုံအေျခခံဥပေဒမူၾကမ္း
ရခုိင္ျပည္နယ္ဖြဲ႔စည္းပုံအေျခခံဥပေဒမူၾကမ္းရခုိင္ျပည္နယ္ဖြဲ႔စည္းပုံအေျခခံဥပေဒမူၾကမ္း
ရခုိင္ျပည္နယ္ဖြဲ႔စည္းပုံအေျခခံဥပေဒမူၾကမ္း
 
Political science lec 4(constitution)
Political science lec 4(constitution)Political science lec 4(constitution)
Political science lec 4(constitution)
 

Mais de International Journal of Science and Research (IJSR)

Mais de International Journal of Science and Research (IJSR) (20)

Innovations in the Diagnosis and Treatment of Chronic Heart Failure
Innovations in the Diagnosis and Treatment of Chronic Heart FailureInnovations in the Diagnosis and Treatment of Chronic Heart Failure
Innovations in the Diagnosis and Treatment of Chronic Heart Failure
 
Design and implementation of carrier based sinusoidal pwm (bipolar) inverter
Design and implementation of carrier based sinusoidal pwm (bipolar) inverterDesign and implementation of carrier based sinusoidal pwm (bipolar) inverter
Design and implementation of carrier based sinusoidal pwm (bipolar) inverter
 
Polarization effect of antireflection coating for soi material system
Polarization effect of antireflection coating for soi material systemPolarization effect of antireflection coating for soi material system
Polarization effect of antireflection coating for soi material system
 
Image resolution enhancement via multi surface fitting
Image resolution enhancement via multi surface fittingImage resolution enhancement via multi surface fitting
Image resolution enhancement via multi surface fitting
 
Ad hoc networks technical issues on radio links security & qo s
Ad hoc networks technical issues on radio links security & qo sAd hoc networks technical issues on radio links security & qo s
Ad hoc networks technical issues on radio links security & qo s
 
Microstructure analysis of the carbon nano tubes aluminum composite with diff...
Microstructure analysis of the carbon nano tubes aluminum composite with diff...Microstructure analysis of the carbon nano tubes aluminum composite with diff...
Microstructure analysis of the carbon nano tubes aluminum composite with diff...
 
Improving the life of lm13 using stainless spray ii coating for engine applic...
Improving the life of lm13 using stainless spray ii coating for engine applic...Improving the life of lm13 using stainless spray ii coating for engine applic...
Improving the life of lm13 using stainless spray ii coating for engine applic...
 
An overview on development of aluminium metal matrix composites with hybrid r...
An overview on development of aluminium metal matrix composites with hybrid r...An overview on development of aluminium metal matrix composites with hybrid r...
An overview on development of aluminium metal matrix composites with hybrid r...
 
Pesticide mineralization in water using silver nanoparticles incorporated on ...
Pesticide mineralization in water using silver nanoparticles incorporated on ...Pesticide mineralization in water using silver nanoparticles incorporated on ...
Pesticide mineralization in water using silver nanoparticles incorporated on ...
 
Comparative study on computers operated by eyes and brain
Comparative study on computers operated by eyes and brainComparative study on computers operated by eyes and brain
Comparative study on computers operated by eyes and brain
 
T s eliot and the concept of literary tradition and the importance of allusions
T s eliot and the concept of literary tradition and the importance of allusionsT s eliot and the concept of literary tradition and the importance of allusions
T s eliot and the concept of literary tradition and the importance of allusions
 
Effect of select yogasanas and pranayama practices on selected physiological ...
Effect of select yogasanas and pranayama practices on selected physiological ...Effect of select yogasanas and pranayama practices on selected physiological ...
Effect of select yogasanas and pranayama practices on selected physiological ...
 
Grid computing for load balancing strategies
Grid computing for load balancing strategiesGrid computing for load balancing strategies
Grid computing for load balancing strategies
 
A new algorithm to improve the sharing of bandwidth
A new algorithm to improve the sharing of bandwidthA new algorithm to improve the sharing of bandwidth
A new algorithm to improve the sharing of bandwidth
 
Main physical causes of climate change and global warming a general overview
Main physical causes of climate change and global warming   a general overviewMain physical causes of climate change and global warming   a general overview
Main physical causes of climate change and global warming a general overview
 
Performance assessment of control loops
Performance assessment of control loopsPerformance assessment of control loops
Performance assessment of control loops
 
Capital market in bangladesh an overview
Capital market in bangladesh an overviewCapital market in bangladesh an overview
Capital market in bangladesh an overview
 
Faster and resourceful multi core web crawling
Faster and resourceful multi core web crawlingFaster and resourceful multi core web crawling
Faster and resourceful multi core web crawling
 
Extended fuzzy c means clustering algorithm in segmentation of noisy images
Extended fuzzy c means clustering algorithm in segmentation of noisy imagesExtended fuzzy c means clustering algorithm in segmentation of noisy images
Extended fuzzy c means clustering algorithm in segmentation of noisy images
 
Parallel generators of pseudo random numbers with control of calculation errors
Parallel generators of pseudo random numbers with control of calculation errorsParallel generators of pseudo random numbers with control of calculation errors
Parallel generators of pseudo random numbers with control of calculation errors
 

Último

Influencing policy (training slides from Fast Track Impact)
Influencing policy (training slides from Fast Track Impact)Influencing policy (training slides from Fast Track Impact)
Influencing policy (training slides from Fast Track Impact)Mark Reed
 
Food processing presentation for bsc agriculture hons
Food processing presentation for bsc agriculture honsFood processing presentation for bsc agriculture hons
Food processing presentation for bsc agriculture honsManeerUddin
 
Incoming and Outgoing Shipments in 3 STEPS Using Odoo 17
Incoming and Outgoing Shipments in 3 STEPS Using Odoo 17Incoming and Outgoing Shipments in 3 STEPS Using Odoo 17
Incoming and Outgoing Shipments in 3 STEPS Using Odoo 17Celine George
 
Q4-PPT-Music9_Lesson-1-Romantic-Opera.pptx
Q4-PPT-Music9_Lesson-1-Romantic-Opera.pptxQ4-PPT-Music9_Lesson-1-Romantic-Opera.pptx
Q4-PPT-Music9_Lesson-1-Romantic-Opera.pptxlancelewisportillo
 
ANG SEKTOR NG agrikultura.pptx QUARTER 4
ANG SEKTOR NG agrikultura.pptx QUARTER 4ANG SEKTOR NG agrikultura.pptx QUARTER 4
ANG SEKTOR NG agrikultura.pptx QUARTER 4MiaBumagat1
 
Integumentary System SMP B. Pharm Sem I.ppt
Integumentary System SMP B. Pharm Sem I.pptIntegumentary System SMP B. Pharm Sem I.ppt
Integumentary System SMP B. Pharm Sem I.pptshraddhaparab530
 
Full Stack Web Development Course for Beginners
Full Stack Web Development Course  for BeginnersFull Stack Web Development Course  for Beginners
Full Stack Web Development Course for BeginnersSabitha Banu
 
4.18.24 Movement Legacies, Reflection, and Review.pptx
4.18.24 Movement Legacies, Reflection, and Review.pptx4.18.24 Movement Legacies, Reflection, and Review.pptx
4.18.24 Movement Legacies, Reflection, and Review.pptxmary850239
 
Grade 9 Quarter 4 Dll Grade 9 Quarter 4 DLL.pdf
Grade 9 Quarter 4 Dll Grade 9 Quarter 4 DLL.pdfGrade 9 Quarter 4 Dll Grade 9 Quarter 4 DLL.pdf
Grade 9 Quarter 4 Dll Grade 9 Quarter 4 DLL.pdfJemuel Francisco
 
INTRODUCTION TO CATHOLIC CHRISTOLOGY.pptx
INTRODUCTION TO CATHOLIC CHRISTOLOGY.pptxINTRODUCTION TO CATHOLIC CHRISTOLOGY.pptx
INTRODUCTION TO CATHOLIC CHRISTOLOGY.pptxHumphrey A Beña
 
Choosing the Right CBSE School A Comprehensive Guide for Parents
Choosing the Right CBSE School A Comprehensive Guide for ParentsChoosing the Right CBSE School A Comprehensive Guide for Parents
Choosing the Right CBSE School A Comprehensive Guide for Parentsnavabharathschool99
 
4.16.24 21st Century Movements for Black Lives.pptx
4.16.24 21st Century Movements for Black Lives.pptx4.16.24 21st Century Movements for Black Lives.pptx
4.16.24 21st Century Movements for Black Lives.pptxmary850239
 
Inclusivity Essentials_ Creating Accessible Websites for Nonprofits .pdf
Inclusivity Essentials_ Creating Accessible Websites for Nonprofits .pdfInclusivity Essentials_ Creating Accessible Websites for Nonprofits .pdf
Inclusivity Essentials_ Creating Accessible Websites for Nonprofits .pdfTechSoup
 
How to Add Barcode on PDF Report in Odoo 17
How to Add Barcode on PDF Report in Odoo 17How to Add Barcode on PDF Report in Odoo 17
How to Add Barcode on PDF Report in Odoo 17Celine George
 
Global Lehigh Strategic Initiatives (without descriptions)
Global Lehigh Strategic Initiatives (without descriptions)Global Lehigh Strategic Initiatives (without descriptions)
Global Lehigh Strategic Initiatives (without descriptions)cama23
 
ECONOMIC CONTEXT - PAPER 1 Q3: NEWSPAPERS.pptx
ECONOMIC CONTEXT - PAPER 1 Q3: NEWSPAPERS.pptxECONOMIC CONTEXT - PAPER 1 Q3: NEWSPAPERS.pptx
ECONOMIC CONTEXT - PAPER 1 Q3: NEWSPAPERS.pptxiammrhaywood
 
Visit to a blind student's school🧑‍🦯🧑‍🦯(community medicine)
Visit to a blind student's school🧑‍🦯🧑‍🦯(community medicine)Visit to a blind student's school🧑‍🦯🧑‍🦯(community medicine)
Visit to a blind student's school🧑‍🦯🧑‍🦯(community medicine)lakshayb543
 

Último (20)

Influencing policy (training slides from Fast Track Impact)
Influencing policy (training slides from Fast Track Impact)Influencing policy (training slides from Fast Track Impact)
Influencing policy (training slides from Fast Track Impact)
 
Food processing presentation for bsc agriculture hons
Food processing presentation for bsc agriculture honsFood processing presentation for bsc agriculture hons
Food processing presentation for bsc agriculture hons
 
YOUVE_GOT_EMAIL_PRELIMS_EL_DORADO_2024.pptx
YOUVE_GOT_EMAIL_PRELIMS_EL_DORADO_2024.pptxYOUVE_GOT_EMAIL_PRELIMS_EL_DORADO_2024.pptx
YOUVE_GOT_EMAIL_PRELIMS_EL_DORADO_2024.pptx
 
Incoming and Outgoing Shipments in 3 STEPS Using Odoo 17
Incoming and Outgoing Shipments in 3 STEPS Using Odoo 17Incoming and Outgoing Shipments in 3 STEPS Using Odoo 17
Incoming and Outgoing Shipments in 3 STEPS Using Odoo 17
 
Q4-PPT-Music9_Lesson-1-Romantic-Opera.pptx
Q4-PPT-Music9_Lesson-1-Romantic-Opera.pptxQ4-PPT-Music9_Lesson-1-Romantic-Opera.pptx
Q4-PPT-Music9_Lesson-1-Romantic-Opera.pptx
 
ANG SEKTOR NG agrikultura.pptx QUARTER 4
ANG SEKTOR NG agrikultura.pptx QUARTER 4ANG SEKTOR NG agrikultura.pptx QUARTER 4
ANG SEKTOR NG agrikultura.pptx QUARTER 4
 
Integumentary System SMP B. Pharm Sem I.ppt
Integumentary System SMP B. Pharm Sem I.pptIntegumentary System SMP B. Pharm Sem I.ppt
Integumentary System SMP B. Pharm Sem I.ppt
 
Full Stack Web Development Course for Beginners
Full Stack Web Development Course  for BeginnersFull Stack Web Development Course  for Beginners
Full Stack Web Development Course for Beginners
 
4.18.24 Movement Legacies, Reflection, and Review.pptx
4.18.24 Movement Legacies, Reflection, and Review.pptx4.18.24 Movement Legacies, Reflection, and Review.pptx
4.18.24 Movement Legacies, Reflection, and Review.pptx
 
Grade 9 Quarter 4 Dll Grade 9 Quarter 4 DLL.pdf
Grade 9 Quarter 4 Dll Grade 9 Quarter 4 DLL.pdfGrade 9 Quarter 4 Dll Grade 9 Quarter 4 DLL.pdf
Grade 9 Quarter 4 Dll Grade 9 Quarter 4 DLL.pdf
 
INTRODUCTION TO CATHOLIC CHRISTOLOGY.pptx
INTRODUCTION TO CATHOLIC CHRISTOLOGY.pptxINTRODUCTION TO CATHOLIC CHRISTOLOGY.pptx
INTRODUCTION TO CATHOLIC CHRISTOLOGY.pptx
 
Choosing the Right CBSE School A Comprehensive Guide for Parents
Choosing the Right CBSE School A Comprehensive Guide for ParentsChoosing the Right CBSE School A Comprehensive Guide for Parents
Choosing the Right CBSE School A Comprehensive Guide for Parents
 
4.16.24 21st Century Movements for Black Lives.pptx
4.16.24 21st Century Movements for Black Lives.pptx4.16.24 21st Century Movements for Black Lives.pptx
4.16.24 21st Century Movements for Black Lives.pptx
 
Inclusivity Essentials_ Creating Accessible Websites for Nonprofits .pdf
Inclusivity Essentials_ Creating Accessible Websites for Nonprofits .pdfInclusivity Essentials_ Creating Accessible Websites for Nonprofits .pdf
Inclusivity Essentials_ Creating Accessible Websites for Nonprofits .pdf
 
How to Add Barcode on PDF Report in Odoo 17
How to Add Barcode on PDF Report in Odoo 17How to Add Barcode on PDF Report in Odoo 17
How to Add Barcode on PDF Report in Odoo 17
 
Global Lehigh Strategic Initiatives (without descriptions)
Global Lehigh Strategic Initiatives (without descriptions)Global Lehigh Strategic Initiatives (without descriptions)
Global Lehigh Strategic Initiatives (without descriptions)
 
ECONOMIC CONTEXT - PAPER 1 Q3: NEWSPAPERS.pptx
ECONOMIC CONTEXT - PAPER 1 Q3: NEWSPAPERS.pptxECONOMIC CONTEXT - PAPER 1 Q3: NEWSPAPERS.pptx
ECONOMIC CONTEXT - PAPER 1 Q3: NEWSPAPERS.pptx
 
LEFT_ON_C'N_ PRELIMS_EL_DORADO_2024.pptx
LEFT_ON_C'N_ PRELIMS_EL_DORADO_2024.pptxLEFT_ON_C'N_ PRELIMS_EL_DORADO_2024.pptx
LEFT_ON_C'N_ PRELIMS_EL_DORADO_2024.pptx
 
YOUVE GOT EMAIL_FINALS_EL_DORADO_2024.pptx
YOUVE GOT EMAIL_FINALS_EL_DORADO_2024.pptxYOUVE GOT EMAIL_FINALS_EL_DORADO_2024.pptx
YOUVE GOT EMAIL_FINALS_EL_DORADO_2024.pptx
 
Visit to a blind student's school🧑‍🦯🧑‍🦯(community medicine)
Visit to a blind student's school🧑‍🦯🧑‍🦯(community medicine)Visit to a blind student's school🧑‍🦯🧑‍🦯(community medicine)
Visit to a blind student's school🧑‍🦯🧑‍🦯(community medicine)
 

Developing a Democratic Constitutional Framework through a People-Driven Constitution Making Process for Zimbabwe

  • 1. International Journal of Science and Research (IJSR), India Online ISSN: 2319-7064 Volume 2 Issue 8, August 2013 www.ijsr.net Developing a Democratic Constitutional Framework through a People-Driven Constitution Making Process for Zimbabwe Wurayayi Zembe1 , Jeevananda Sanjeevaiah2 1 Democracy Institute (DI)/Jekerere, Teviotdale Road, Harare, Zimbabwe 2 Christ University, Institute of Management, Mysore Road, Bangalore – 560 074, India Abstract: This research paper is on a study of how Zimbabwe can produce a democratic people-driven constitution as a permanent solution to the country's problems of poor governance, violent political conflicts, economic collapse, social disintegration, and international isolation. The purpose of the study was to explore a people-driven democratic constitution-making process that Zimbabweans want. Two groups of research units comprised of 1 120 individuals and 67 institutions were used. The inquiry discovered contextual meaning of six phenomena associated with a people-driven democratic constitution-making process. The study recommends a constitution-making process model that Zimbabwe should adopt to produce a people-driven constitution democratically. Keywords: people-driven constitution, constitution-making process, Zimbabwe constitution model. 1. Introduction In the past two decades the people of Zimbabwe have been grappling with the question of how a people-driven democratic national constitution can be authored as a way of solving the country's serious problems of governance, violent political electoral conflicts, sham elections, governmental illegitimacy, economic mismanagement, social disintegration, and international isolation. All citizens of Zimbabwe are in agreement that the country needs a people-driven constitution, an indication that the new constitution must be democratic. The process of making a people-driven constitution is as important as the democratic constitution itself. However, there is disagreement, as has been the case in the past, among the citizens of the country on the constitution-making process to be used. This study discovers what the people of Zimbabwe mean when they say that they want “a people-driven democratic constitution-making process” for them to produce a people-driven constitution for the country. The primacy and importance of a constitution-making process is underwritten by the values of a people-driven democratic constitution itself as the end product of the process. In Zimbabwe, a democratic constitution is central to the creation of a new political, economic and social culture of a multiparty constitutional democracy – a system of government in which fundamental rights of citizens, peace and security, good governance, rule of democratic constitutional law, and sustainable development can take place, be protected and observed. Zimbabwe needs a legitimate, democratically elected constitutional government to take charge, and be in control, of the nation's official public business. A democratic constitution is a precondition for this. It begins and ends with a people-driven democratic constitution-making process. A defective process will not produce a desired constitution. The collective role of the people in the process is central [1]. This applied research study prescribes elements of the desired people-driven democratic constitution-making process for Zimbabwe. 2. Review of Related Literature While different nations of the world have used various methods to produce their constitutions, there is no existing literature on the particular method that Zimbabweans have chosen. This study is therefore dealing with inventive research and that being the case, there is no literature on principles of a people-driven process of making a constitution to review. However, Zimbabwe has made four attempts at making a people's constitution in the past but without success. The unsuccessful constitution-making processes constitute literature that is related or similar to the subject nature of this study. The review of these related unsuccessful constitution-making processes helps to expose the knowledge gap that this study aims to fill. 2.1 The Lancaster House Colonial Constitution- Making Process The current Lancaster House Colonial Constitution being used as a principal instrument of national governance in Zimbabwe was written by the British government in 1979. The draft constitution document emanated from the British parliament as a schedule to the Zimbabwe Constitution Order of 1979 (Statutory Instrument 1979/1600 of the United Kingdom). Following the enactment of that legislation the United Kingdom government organized a Negotiation Conference on Zimbabwe, then known as Rhodesia or Zimbabwe-Rhodesia. The British Colonial Empire had decided to give independence to its colony, Rhodesia, a territory that was colonized in 1890 by Cecil John Rhodes of the Pioneer Column. 10
  • 2. International Journal of Science and Research (IJSR), India Online ISSN: 2319-7064 Volume 2 Issue 8, August 2013 www.ijsr.net The British government invited two groups of delegations from Zimbabwe to attend the Negotiation Conference. At the Lancaster House Conference, the draft Zimbabwe Constitution Order from the British parliament was used as the basis for negotiation. At the conclusion of the negotiations the parties to the conference adopted the draft constitution document as part of the agreement. The document was imported into Zimbabwe as the inherited Lancaster House Colonial Constitution of Zimbabwe when the country was given its independence by Britain in 1980. 2.2 The Constitutional Commission (CC) Constitution- Making Process The government of Zimbabwe set up a Constitutional Commission in response to public pressure on the issue of a new democratic constitution in 1999. The government appointed 400 individuals, of which 150 were members of parliament, to the commission. All the commissioners were appointed by the country's president and they were all from the ruling political party. The Commission was headed by the Chief Justice of the Supreme Court of Zimbabwe. The CC was asked to gather, analyze, and evaluate data from the people on the constitution and to produce a final draft constitution for presentation to the government for adoption. The CC consulted some people through thematic committees established for the purpose. The outreach program of the CC was heavily decampaigned, rejected and boycotted by the majority of the people in the country. However, the CC went ahead with its government-driven constitution-making process that produced a draft constitution which was presented to the government for consideration. The government adopted the draft constitution before organizing a referendum where the draft was offered to the people to either accept or reject through the vote. In February 2000 the people of Zimbabwe rejected the draft constitution with a majority “NO” vote. 2.3 The National Constitutional Assembly (NCA) Constitution-Making Process The National Constitutional Assembly (NCA), a civil society constitutional lobby movement was formed in mid 1997 to campaign for a new democratic constitution for Zimbabwe. The NCA comprised political parties, workers trade unions, churches, student bodies, human rights organizations, professional associations, women's groups, youth movements, and individual citizens. . By the time the government of Zimbabwe appointed the Constitutional Commission (CC) in 1999 the NCA had already done a lot of work in conscientising the people on the need for a democratic constitution as a way of solving the country's problems. The NCA rejected the manner in which the government's CC was established, the appointment of partisan commissioners, and the government's control of the constitution-making process. The NCA argued that the Commission's constitution- making process was not people-driven since the process was owned, managed and controlled by the ruling political party and its government. After rejecting the government-driven constitution- making process the NCA began a parallel process of consulting the people on the constitutional issue. During the process of consultation the NCA also started to gather the people's views on the constitution. After collecting the data, the assembly analyzed and evaluated it before producing its own draft constitution. At the February 2000 referendum for the government's draft constitution the NCA members cast a “NO” vote. The NCA draft constitution was not put to a referendum because it was not officially accepted by the government. 2.4 Constitution Parliamentary Select Committee (COPAC) Constitution-Making Process On 29 March to 27 June 2008 the nation of Zimbabwe held bloody violent harmonized elections using the current Lancaster House colonial constitution as amended. The results of the harmonized elections were withheld for close to two months before they were announced. Overwhelming public perception in Zimbabwe is that the election results were manipulated in order to prevent the announcement of the outright winners. Because of a constitutional requirement that if the results of a presidential election were less than 50%+1 of the total votes cast, then a presidential election run-off between the two candidates who secured the highest number of votes in the first election would be conducted within ninety (90) days of the announcement of the results, a re-run presidential election in which the two candidates who secured the most votes was held on 27 June 2008. It was during the presidential run-off election that animated political violence unprecedented in African history was witnessed. In the aftermath some three political parties decided to enter into an agreement codenamed “Global Political Agreement (GPA)” on 15 September 2008. The GPA agreement was signed by the presidents of the three political parties and the Southern African Development Community (SADC) Facilitator as a witness on 15 September 2008. In ARTICLE VI of the GPA the three political parties agreed to appoint a select committee of parliament (COPAC) composed of representatives of the parties whose terms of reference include holding public hearings and consultations as it may deem fit in the process of public consultation over the making of a new constitution for Zimbabwe. The COPAC constitution-making process produced its compromised draft constitution that was negotiated in secret by the 3-political parties in the GPA on 18 July 2012. The negotiated compromised partisan draft constitution caused irreconcilable sharp disagreements between the 3-political parties which led to one of the parties to produce its own draft constitution based on two hundred (200) amendments that it proposed should be included into the COPAC draft. On 21 – 23 October 2012 COPAC held its second all stakeholders' conference where the proposed amendments were submitted, considered, and adopted. The Herald of 22 October 2012 reports that the heads of the 3-political parties in COPAC, as GPA principals, instructed their subordinate members of parliament attending the second all stakeholders' conference to 11
  • 3. International Journal of Science and Research (IJSR), India Online ISSN: 2319-7064 Volume 2 Issue 8, August 2013 www.ijsr.net surrender the amended COPAC draft constitution to them so that the principals can scrutinize it for further amendments before a referendum on the document can be organized. A referendum on the COPAC draft constitution was conducted on 16 March 2013 and 3 079 966 members of the three GPA political parties voted for the draft while 179 489 voted against it. The COPAC draft constitution was enacted by the GPA Parliament as an amendment number 20 to the Lancaster House Colonial Constitution of Zimbabwe on 22 May 2013. 3. Methodology The research methodology of this study is guided by a realization that the research is original with regard to the phenomena under inquiry and the intended objective. There is no known established principle or theory on the subject of “a people-driven democratic constitution- making process”, and specifically “for the people of Zimbabwe”. It is a situation of a unique constitution- making process for a unique nation of Zimbabwe. For these reasons, the study adopted mixed research paradigms that use exploratory, descriptive, and inductive social research techniques. For the aims and objectives of this applied research study to be achieved, the people of Zimbabwe were classified into two research segments of individuals and institutions as units of inquiry. Since the social phenomena being studied relate to the constitution and the process of making it, the primary concern of the study is that of political power and the rights of citizens in the constitution-making process and in constitutional governance. This particular research design approach of study population segmentation was chosen because of its perceived significance in capturing important data from a wide spectrum of both natural and juristic persons as stakeholders and actors in the constitution-making process in Zimbabwe. The segmentation of the people of Zimbabwe into specific research groups was instrumental in capturing data from the expression of ideas, views and values representing various actors and interests in the constitution-making process. It was possible to validate data by making inter and intra segmental comparisons. The study used a non probability purposive/judgmental sampling method to select research entities that were put into the samples. The sampling method was chosen because of the diverse nature and parameter of the research population. A sample of 1 120 individuals drawn equally from ten provinces of Zimbabwe and 67 institutions was selected for the study. Institutions comprised 8 political parties, 33 human rights organisations, 14 educational and professional bodies, 10 industrial associations of business enterprises, 1 government, and 1 Diaspora association of Zimbabweans. Individual participants completed a questionnaire while institutions were interviewed and observed. Descriptive statistics of frequencies and percentages were used to analyze and interpret collected data. Qualitative data were analyzed using logical and rational evaluation techniques based on the researchers' mental model conceptual framework of operational definition of terms. The study was conducted during the period from December 2011 to December 2012 in Zimbabwe. 4. Results and Discussion The main findings of the study are: 4.1 Discovery of contextual meaning of six constitution-making process phenomena:  The People – collective minds of all Zimbabweans put together as a source of ideas on the constitution-making process. It is a social phenomenon embedded in a natural phenomenon. The people phenomenon on the constitution-making process is a social concept of human ideas. Ideas are perceptions of the nature of human life. Ideas are facts of life. They are knowledge.  The Constitution – an embodiment of the people's ideas. It represents collective social intellectual property of the people in a country. A constitution is knowledge about life and that knowledge resides in the human mind. It is an intangible product of a people-driven democratic constitution-making process.  Constitution-Making – the act of giving ideas from which a constitution is produced. The act of giving constitutional ideas is a mental process of thinking that is performed directly by individual persons as part of the people. Constitution-making occurs in the human mind.  Democratic Constitution-Making Process – open popular people participation, involvement, and inclusion in all stages and at all times from the start to the end of a people-driven constitution-making process. There must be abundant freedom of thought, speech, association, assembly, and expression without fear of violence, intimidation, coercion, and threats.  People-Driven – action taken, done, based on, or derived from the collective ideas gathered from the people.  Constitution-Making Structure-the implementing organizational mechanism of a people-driven democratic constitution-making process. The discovery of contextual meaning of the six constitution-making process phenomena is a major output of the study because it lays the foundation to the development of a theory on the subject of a people-driven democratic constitution-making process. Definition of key concepts constitute a principle that would guide implementation of a constitution-making process if the desired end result of producing a people-driven democratic constitution is to be achieved in Zimbabwe. The four constitution-making processes reviewed in section two above did not have guiding theoretical frameworks derived from the people and probably that could be the main reason why they failed to produce a people-driven constitution. 4.2 Ideas make a constitution A constitution is made up of ideas, not papers. This result came from 94.1% of individual respondents in the study. 12
  • 4. International Journal of Science and Research (IJSR), India Online ISSN: 2319-7064 Volume 2 Issue 8, August 2013 www.ijsr.net Those who thought a constitution is a piece of paper was only 1.0%. This finding dismisses any notion, as has often been heard in general talk in Zimbabwe, that a constitution is a mere piece of paper. Ideas are intangible phenomena; consequently, a constitution is an intangible phenomenon. It has no physical substance. It represents collective intellectual property of the people in a country. Another alternative view is to consider a constitution as an intangible national investment from the people. 4.3 Source of a constitution The source of a constitution is the people. This view came from 85.3% of the participants. A constitution is sourced from the people and it is produced by the people. The people phenomenon produces the constitution phenomenon. In other words, a constitution is a creature of the people and not vice versa. It is not possible for a constitution to create the people. If a constitution is made up of ideas and ideas come from the people, it is fact that ideas cannot create people. This conclusion is important when considering the functions of institutions that are created by a constitution such as government, parliament, judiciary, executive, president, and cabinet. These institutions or establishments are creations of a constitution and since a constitution is a creation of the people the institutions cannot produce both a constitution and the people. Organizations or institutions exist as groups because they have people in them, and without the people, the groups do not exist, therefore, as nonentities no ideas can ever come from them because they are nothing. Ideas can only be produced by individual persons who collectively constitute the people. 4.4 Making a constitution The people make a constitution (83.3%) by giving ideas through a direct mental process of thinking (93.2%). The constitution-making process occurs in the human mind or brain which is then manifested by giving ideas through a medium of communication, eg, written, oral, and sign. The constitution-making phenomenon is an intangible thing. This characteristic is common to both the people and the constitution phenomena. A common denominator of the three phenomena, namely the people, the constitution, and constitution-making, is the concept of ideas. The three phenomena therefore are, and they represent, human ideas about life and its natural surroundings on the constitution-making process in Zimbabwe. Ideas are knowledge, and therefore intangible phenomena. In his glossary [2] defines knowledge “as actionable information or tacit or explicit knowledge”. The constitution-making phenomenon is about giving human ideas that, in turn, make up a constitution. It is a social process that is undertaken by the people collectively as task actors. 4.5 Thinking entities The people think and originate ideas as individuals (73.5%) not groups, institutions, or organisations (17.6%). The brain, head, and mind are concepts of the people phenomenon that combine to produce ideas. The human brain, head, and mind perform the thinking task of the people phenomenon. It is the human brain, head, and mind that supply the constitution phenomenon with ideas. Since ideas originate and are sourced, from the human brain, head, and mind, it is these three synonyms that represent the people phenomenon on constitution-making for Zimbabwe. It is the individual persons who are thinking entities not groups of individuals. The people phenomenon is a group concept and therefore the phenomenon cannot perform the act of thinking. A group is a nonentity. The task of thinking is performed by the individual person as a contribution to group ideas. It follows that since the people phenomenon represents collective action that gives rise to the phenomenon of the constitution and constitution-making, the people concept must have the participation or membership of individual persons for the collective ideas to become the output of the people group phenomenon on constitution-making in Zimbabwe. The person phenomenon operationalizes the people phenomenon on the constitution-making process. Without the active participation of the person phenomenon, the people phenomenon cannot exist. Consequently, the phenomena of the constitution and constitution-making cannot exist too. However, the individual person phenomenon cannot make or write a constitution. Constitution-making and the constitution are products of the people phenomenon. 4.6 Institutions and Organizations are Not People Institutions or organizations are not people; therefore, they cannot make, write, or author a constitution. It is revealing that even some of the institutional respondents that informed the study like political parties, government, and human rights organizations did not describe themselves as the people on the constitution-making in Zimbabwe. From this result alone it can be concluded that institutions or organizations are not people. This conclusion supports [3] when he defines an organization “as a group of people who exist to achieve a common purpose”. A group being an assemblage of two or more people is itself not people. It can be concluded that a group is not a people entity within the context of constitution-making in Zimbabwe. Therefore, institutions and organizations are not parts or elements of the people phenomenon. Organizations or institutions do not have human brain, head, and mind so they cannot perform the act of thinking on their own without the agency of a group of natural human beings. Institutions and organizations are juristic creations of natural human beings. They cannot think of ideas. They are not created to do so and they can never have such an attribute. Organizations and institutions are social human- made abstractions that are not housed by a natural phenomenon. Without a membership of natural human beings, institutions and organizations are nonentities. 4.7 Driving force The people's ideas are the driving force behind a people- driven (73.5%) democratic constitution-making process. It is concluded that the people-driven phenomenon is a 13
  • 5. International Journal of Science and Research (IJSR), India Online ISSN: 2319-7064 Volume 2 Issue 8, August 2013 www.ijsr.net process that is directed by the collective ideas of the people phenomenon. The people's ideas are the driving force behind a democratic constitution-making process for Zimbabwe. This is the meaning of the people-driven phenomenon on the constitution making process as shown by the study results. 4.8 Implementing structure It is clear from these study results that a people-driven democratic constitution-making process requires an organizational structure for implementation. An organization is a group of people who exist to achieve a common purpose [4]. The issues of how a constitution- making process should be organized and who should be in charge have triggered the aspect of operationalizing the constitution-making process phenomena in the real world. Reality on the ground demands that for successful implementation of the constitution-making process, the question of social order must be addressed. It is not possible for all Zimbabweans to take part directly in the implementing structure. Reality dictates that a manageable smaller group of people should be appointed by Zimbabweans only for the purposes of leading a constitution-making process in a representative capacity. The implementing constitution-making organizational structure must be independent, neutral, and non partisan in its operations. The structure must be appointed by all the people of Zimbabwe at a special purpose election organized by the entire citizenry and supported by their institutions of goodwill. The mandate of the constitution- making implementing structure is to facilitate and coordinate the process of collecting ideas and to format the ideas into the required form or manner of a people's democratic constitution. 4.9 Funding Zimbabweans must fund (73.6%) their own people-driven democratic constitution-making process that leads to the production of their own people-driven constitution. This research finding clearly indicates that the people of Zimbabwe must finance their own people-driven democratic constitution-making process that leads to the production of their own people-driven constitution. This study result dismisses the notion that is being peddled in Zimbabwe that the country should beg for money from foreign donors to finance the constitution-making process. A country endowed with rich mineral resources like diamond, platinum, coal, and gold, just to name a few, surely cannot fail to raise the required financial resources that are needed to fund such an important process as the constitution-making process. 5. Conclusion and Recommendation 5.1 Elements The research outcome identifies six factors or elements as the building blocks of a people-driven democratic constitution-making process. The six factors are: the people; the constitution; constitution-making; democratic constitution-making; people-driven; and constitution- making structure. 5.2 Process The six factors or elements of a people-driven democratic constitution-making for Zimbabwe can be arranged in a methodical sequence that represents a process. A process is a coordinated series of events, activities, and tasks that leads to a desired outcome. The desired outcome of a people-driven democratic constitution-making process is to produce a people-driven constitution for Zimbabwe. An attempt to serialize the six factors produces a picture depicted in Figure 1. Figure 1: Constitution-making process Figure 1 shows that the constitution-making process starts with the people in the outer circle followed by constitution-making; democratic constitution-making; people-driven; constitution-making structure; and the constitution. From the outer to the inner circle, the first four stages occur first indicating that the constitution- making structure is only needed as a conduit to channel the outputs of the first four stages into the final stage of the constitution. The sequencing of the stages of the constitution-making process is based on the role of the factors in the process. 5.3 Variables The findings of this descriptive exploratory phenomenological study have identified the six building blocks of a people-driven democratic constitution-making process for Zimbabwe as the variables of the process. A closer look at the constitution-making process variables suggests that relationships between variables exist. The people variable is an independent variable that causes and influences the other variables. The dependent variables are: the constitution; constitution-making; democratic constitution-making; people-driven; and constitution-making structure. The order in which the independent variable affects the dependent variables is as indicated in Figure 1: constitution-making process, above. Further more, the study identifies five intervening or mediating constitution-making process variables. These are consultation, democracy, participation, governance, and transparency. A pictorial depiction of the order of impacts between the independent variable and the intervening and dependent variables is shown by Figure 2 which is based on path analysis. 14
  • 6. International Journal of Science and Research (IJSR), India Online ISSN: 2319-7064 Volume 2 Issue 8, August 2013 www.ijsr.net Figure 2: Constitution-making process variables Figure 2 shows that the independent variable impacts on the intervening variable, which in turn, impacts on the dependent variable, which in turn, impacts on another mediating variable, and so on, up to the last variable. The last border line arrows linking the independent variable with the last dependent variable indicate a relationship that the people make the constitution. The consultation mediating variable includes communication. Democracy intervening variable includes peace, freedom of thought, openness, and fairness. Participation variable includes involvement and inclusion. Governance mediating variable includes leadership, management, decision-making, and control. The transparency intervening variable includes accountability and disclosure. 5.4 Model Figure 3: Peopled-driven constitution-making process model for Zimbabwe. Figure 3 show that the people make the constitution. The people are the foundation of the constitution. Through consultation the people embark on constitution-making by giving ideas and through democracy the ideas are given freely, openly, and democratically. Through participation the people's ideas drive the constitution-making process. Through governance the people establish a constitution- making structure and through transparency the structure channels and molds the people's ideas into the desired constitution which is then enshrined in a constitution document. The constitution-making process model indicates that it is not necessary to hold a referendum which asks the people to either accept or reject the constitution. In a people- driven democratic constitution-making process, the people merely approve and adopt their ideas as works on the constitution emanating from the implementing task of the constitution-making structure. It is not possible for the people to reject their own ideas once given in a democratic constitution-making process exercise. A referendum that asks the people to reject their own ideas is therefore a contradiction of a people-driven process. A constitution is merely approved and adopted by the people in a democratic people-driven constitution-making process. The final outcome of this research study has proved that it is possible to create a democratic constitutional framework through a people-driven constitution-making process in Zimbabwe. It is feasible and possible to produce a people-driven democratic constitution through a constitution-making process that is driven by the people of Zimbabwe. Figure 3 shows a research deliverable of a people-driven democratic constitution-making process model for Zimbabwe from this study. The researchers recommend the adoption of the constitution-making process model in order that a people-driven democratic constitution can be produced in Zimbabwe. 6. Challenges Encountered in the Study The study was undertaken at a time when the 3-Political Parties Select Committee of Parliament (COPAC) constitution-making process was in progress in Zimbabwe. COPAC constitution-making process brought confusion and political polarization that caused most organizations to adopt a wait-and-see attitude on the outcome of the process. Because most institutional research units fell into one of the two major political camps of the GPA partners, the interviewed organizations were not at liberty to give their positions on a people- driven democratic constitution-making process under investigation in this study. Their behavior was subdued by the ongoing COPAC constitution-making process. However, most organizations did not have a formal policy response on the topic under inquiry. To overcome the challenge, the researchers relied heavily on the observatory method of data collection to study the behavior of institutional respondents in the study. Unlike most institutional respondents that were undecided, individual participants were able to inform the study adequately on all material aspects of the research study. Another challenge encountered in the study was that of political violence which is prevalent in Zimbabwe. Political violence may have worked to discourage more individuals and institutions from participating freely in the study for fear of political victimization. Overall the objectives of the study were met because the researchers used mixed methods approach to data collection, analysis, interpretation, and research methodological design. 15
  • 7. International Journal of Science and Research (IJSR), India Online ISSN: 2319-7064 Volume 2 Issue 8, August 2013 www.ijsr.net References [1] Zembe, W. 2009. Constitutionalism in Zimbabwe: Unfinished Business; A People-Driven Process, LAP LAMBERT Academic Publishing, Koln. [2] Jashapara, A. 2004. Knowledge Management: An Integrated Approach, Pearson Education, Essex. [3] Armstrong, M. 2009. Armstrong's Handbook of Human Resources Practice, Kogan Page, London and Philadelphia. [4] Armstrong, M. 2009. Armstrong's Handbook of Human Resources Practice, Kogan Page, London and Philadelphia. Author Profile Wurayayi Zembe is an author and Associate member of the Institute of Chartered Secretaries and Administrators International and holds a masters degree in Peace and Governance (MPG) from Africa University's Institute of Peace, Leadership and Governance. He is a PhD Scholar in Management and Governance at the Centre for Research, Christ University, Bangalore, India. He is the Chairman of Democracy Institute (DI)/Jekerere. Jeevananda Sanjeevaiah, MBA, MFT, M Phil, PhD, is Associate Professor and Kengeri Campus Coordinator at the Institute of Management, Christ University, Bangalore, India. 16