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     NASS (1-2 and 1-3) 2013

     Topic: BENCHMARKS OF A GOOD CONSTITUTION.

     Facilitator : Innocent R. Madenga

     “History has been written in the last week. I am pleased to advise that at long last the
    constitutional draft is now available after years of intense processes. I have no doubt in my mind
    that it is a critical document that is founded on solid, modern jurisprudential principles,” said
    Tendai Biti.(17/07/12)

     Trace and explain the history of Zimbabwe’s constitution…levels and characteristics during the
    pre-colonial, colonial and after independence. Participants to collaborate.

     What is a constitution?

    It is the fundamental law that defines how a human society must be governed. It is a framework
    upon which the laws, norms, rules and values governing a society are based.

     Why should every human society have a constitution?

    A government without a constitution has no legal power and mandate. (Thomas Payne, 1795).

     What is constitutionalism?

    Is the respect and adherence to the constitution.

     Forms of constitutions.

    Constitutions can be preserved in two forms i.e unwritten or written

    4.1 Unwritten constitutions are also known as uncodified constitutions eg that of the pre-colonial

    Kingdom of Oyo, the UK and other liberal democracies. Unwritten constitutions are based on

    established checks and balances. The UK constitution influenced by the Magna Carta of 1215 can

    best be described as partly written and wholly uncodified. An unwritten constitution is flexible. It

    can be adjusted and adapted to changing situations. However, it be manipulated by those in

    power and collective memory may be difficult.

     written constitutions are also known as codified constitutions. They are written documents.
    Their main advantage is that they are conveniently available for all stakeholders. It is therefore
    a contract between the government and the governed. Its weakness is that it ca not be
    wholesomely changed willy- nilly.eg Zimbabwe.

     Types of constitutions.

    Basically a constitution can either be democratic or autocratic. Democratic constitutions may be


    hard to achieve but are preferable. Democracy, often defined as a government by the people for
    the people, broadly refers to full participation of all citizens in political, economic, social and
    cultural decision-making through appropriate laws, policies, processes and attitudes in a way
    which promotes equality, individual and community growth.

    What therefore are the characteristics (benchmarks) of a good constitution?

    . Freedom and equality of all citizens within the law.

     Citizens should have sovereign power i.e the right to choose or dismiss a government.

     There should be regular, free and fair elections.

     Rule of law i.e ruling according to the principles of law.

     Human rights should be respected and promoted. In addition to civil, political, social and
    economic rights, group rights should also be protected. Consider the weaknesses of the
    UDHR/ Bill of Rights eg limitations.

     Accountability, transparency, openness and clear government information which should be


    accessible to the people.

     Separation of powers of the three branches of government, namely the Executive, the
    Legislature (93 Senators and 210 Members of Parliament) and the Judiciary.

    Qn Discuss the merits and demerits of the Zimbabwean Copac constitutional draft.

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