MLF call on Federal Constitutional Conference in Mthwakazi

MLF call on Federal Constitutional Conference in Mthwakazi
Published: 21 May 2018 | by Dr Churchill Mpiyezwe Guduza, MLF President

Comments from Dr Churchill Mpiyesizwe Guduza: MLF President

May 2018

Regarding the Upcoming

INTERNATIONAL CONFERENCE

ON THE ADOPTION OF THE

CONSTITUTION

OF THE FEDERAL REUBLIC OF MTHWAKAZI (FRM)

 

1. Critical Objectives

The objective is write the Federal Republic of Mthwakazi CONSITITUTION with the broadest possible input from traditional leaders (chiefs, headman and sub-headman, political leaders nominated by villagers and constituencies, pressure groups, women’s groups, academics, lawyers, industrialists, trade unionists, representatives of victims of genocide and ethnic cleansing, groups of international and regional experts, major powers, NGOs and various other interested parties). The fundamental objective being to write a constitutional document that reflects the fears and aspirations of the people of Mthwakazi across the country.

 

In fact, we envisage a constitutional structure for Mthwakazi that allows for the exit option and yet provide fundamental security in the areas of great destruction under the RULE BY CONQUEST of former ZANU-PF regime in the past 38 years. The areas of concern will include education, culture, economic development, and security, the control of natural resources, broadcasting and bringing the violators of gross human rights to justice.

 

As part of the mechanics for writing the constitution, we envisage the establishment of the Mthwakazi Criminal Tribunal under the auspices of the international community which shall simultaneously be backed up by the establishment within Mthwakazi of the Truth and Reconciliation Commission (TRC) along the lines of South Africa. The setting up of such a TRC shall as part of seeking natural healing and a permanent solution to genocide and ethnic cleansing ever being committed again uncover the full extent of the tragedy and call upon all the human rights violators to account for their deeds of the past.

 

As part of seeking natural justice and a permanent solution those found responsible for the human rights violations (extra-judiciary killings, torture and disappearances) will accordingly be punished. By sending a clear message to the transgressors of genocide and ethnic cleansing that they would be punished, such an International Criminal Tribunal (ICT) and a TRC would have set Mthwakazi upon a new beginning of existence with full respect for the rule of law and human rights. 

 

2. The Kind of the Federal Structure Envisaged

The federal structure that can secure and guarantee the continued existence of the  people of  Mthwakazi will have to be modelled on tried and tested effective federal systems of the world such as that of the United States of America (USA). Thus Mthwakazi  will have to be partitioned into distinctive Federal States which will have the following effects:

 

  • the prevention of genocide and ethnic cleansing of any other national (ethnic) group ever occurring again in a new Mthwakazi,

  • the prevention of unfettered corruption evidenced by  the former RULE BY CONQUEST of the ZANU-PF party's use of state coffers and offices to reward those groups or people who dared not raise any challenges to the despicable authoritarian  and genocide system in place then,

  • the prevention of the desire to re-write the Constitution (usually entrusted to a few party  faithful) to suit political objectives (the preservation of socio-economic and political power and corruption) that tend to change from time to time as  marginalised groups, NGOs, multilateral bodies, churches and other human rights organisations challenge an existing dictatorship,

  • the prevention of the desire to control every activity that may not threaten the grip on power of the ruling elite,

  • the prevention of the use of state terror and a brutal army[1] to intimidate specific national (ethnic) groups, where the ruling party has no support,

  • the prevention of keeping large armies despite no clear enemies but reduced expenditures on health, education, and various other development programmes, and 

  • finally, the prevention of the growth of a pervasive  state security apparatus that is publicly funded (by  the taxpayers) and yet controlled by the Head of State directly or is placed under the direction of the ruling party.[2]

 

Under a system of distinctive Federal States, aggrieved citizens will have recourse to justice. There shall be no place for an oppressive state machinery and legislative system which is funded by the taxpayers for the suppression, and at tea times, the death of taxpayers. Furthermore, there shall be no place for a system that disciplines any criticisms against it by direct violence committed by or in the presence of the state security apparatus. Under a system of distinctive Federal States there shall be no place for thugs, neither will the state security apparatus remain above the law.

 

3. Separation of Powers

The Constitution of distinctive Federal States of Mthwakazi (the State of Zambezi, the State of Bulilima, the State of Limpompo, the State of Mpumalanga and the State of Nkabazwe) should contain the following agreements:

 

  • a federal constitution that provides for the separation of powers between the executive (power to implement and enforce the law), legislature (power to enact general laws) and judiciary (power to settle disputes),[3]

  • a constitution that provides for the election of a central Federal President,

  • the Federal government will be answerable to 3 bodies on all spending and policy initiatives: House of Assembly, House of Senators and Council of Chiefs,

  • separate executive, legislative and judiciary powers for each State, 

  • each State will elect its own Prime Minister or Govenor whose government will be answerable to the State parliament,

  • the tenure of office of both the Federal Presidency and State Premiership or Governorship  will be 2 terms of 4 years each without any possibility of extension,

  • the Federal Executive and Legislature to be elected separately from the executive and legislature of each State, with no person elected to both at the same time,

  • the executives and legislatures of the central Federal State and each individual State will have powers of veto in order to rein in the excesses of the other,

  • the Federal executive and the executive of each State will have the right to appoint supreme court judges who will have to be approved and confirmed by the legislatures in both cases,

  • three of the five States of the Federal States of Mthwakazi will have to approve any constitutional changes, 

  • all Federal cabinet ministers and cabinet ministers of each State would have to appear before the respective Parliamentary Committees (budgetary and planning) to  knowledgeably present their department's spending programmes and justify any other expenditures prior to spending a cent,

  • the opposition party members, including their leaders would be consulted at both Federal and State levels on very important decisions (foreign and domestic policy changes, expenditure re-arrangements, and resettlement programmes),

  • the distinctive Federal States of Mthwakazi shall be given substantial powers over matters of the security apparatus (army, police and intelligence services), education, employment, housing, and economic development,[4]

  • revenue-sharing that explicitly ensures that these distinctive states would keep 90 per cent of all revenues and pass only 10 per cent to the central Federal government, and

  • the Bill of Rights, the Freedom of Information and the right of victims to sue the perpetrators regardless of the lapse of time shall be contained in this Constitution.

 

Such a Federal Constitution would prevent not only genocide and any planned abuse of other national (ethnic) groups, but would allow all the people of Mthwakazi to take a substantial part in decision-making and the shaping of their destiny. The peoples of these Federal States of Mthwakazi (FSM) would be able to join or form any political parties that they desire. They would also be able to enjoy liberty, fraternity, the pursuit of happiness and various other benefits without the presence of tyrannical groups of the likes of the former ZANU-PF regime under the RULE BY CONQUEST. Under such a system all political parties would not receive any financial subsidies as ZANU-PF enjoyed in the former RULE BY CONQUEST OF Zimbabwe.

 

4. Binding Provisions

The Federal Constitution of Mthwakazi should accept as binding the following provisions for State Constitutions in Zambezi, Bulilima, Limpompo, Mumalanga and Nkabazwe:

  • the provision by the Federal Constitution of uncapped funding and preferences in schools for all the children of the victims of the 1982 to 1988 Genocide after an  extensive vetting procedure to be done by a non-local body of experts familiar with the languages of the victims (Ndebele, Kalanga, Lozwi, Sotho, etc),

  • the provision for the allocation of 90 per cent reservation in all schools in Mthwakazi to cater for students made up of local communities,

  • the provision for the allocation from the central Federal Government of 90 per cent of all public infrastructure to be located in each State, in order to redress current imbalances between these regions. and those of Mashonaland and Manicaland. This program to remain in place for an agreed length of time (for example 20 years) in order for these individual state regions to catch up with each other,  after which each  State's region must receive 25 per cent of all public investment from the Central Federal level, 

  • the provision for all government jobs (local, state  and central level) to strictly reflect the local content of employees until such employs are above 90 per cent, 

  • the provision that no government employee should be transferred to an area where they do not know the local language,

  • the provision that any land reform must be beneficial to people in these regions without preference to political affiliation or ethnic superiority, and

  • the provision to prevent at any cost any attempts (under any pretext or contrived programme) to populate the any States within Mthwakazi with people from other States[5] who are likely to achieve voting power and thus neutralise the indigenous inhabitants.

 

Similarly the army and police in the States of Zambezi, Bulilima, Limpompo, Mpumalanga and Nkabazwe must be able to speak local languages. Such determination will be done through a cultural and language test that will be compiled by experts from such areas. This test shall take the form of General Certificate of Education (GCE), with the only difference that there will be no classes to study these languages other than doing such courses in high school. This requirement solves cases where our people have been treated like dogs or cockroaches when they have done nothing wrong save for the fact that police and army types have neither command nor respect of these languages.[6]

 

Within the Federal States of Mthwakazi (FSM), there shall be a complete deregulation of the air-waves with the proviso that the majority of licences be clearly reserved for people from individual states. In this case there must be no joint holdings with business types from former Zimbabwe. All documents pertaining to any licence in the States of Zambezi, Bulilima, Limpompo, Mpumalanga and Nkabazwe must contain a declaration to that effect and that the law will be clearly written to achieve this objective.[7]

 



     [1] In Zimbabwe, for example, the state security apparatus serves as a refugee centre for the ruling ZANU-PF party faithful. The perception of this unproductive security apparatus as being above the law has resulted in untold human rights abuses in Zimbabwe.  

     [2] This continues to occur in Zimbabwe despite clear evidence that dictatorships that have chosen this path elsewhere have unceremoniously fallen from power.

     [3] See for example, Adler, John, 1989. Constitutional and Administrative Law, Macmillan, London.

     [4] The objective of this clause would be to prevent the separate parts of the constitution aimed at checking the excesses of the others being taken over by a like-minded genocidal ZANU-PF group bent on achieving Shona hegemony and superiority. Was this to happen this clause would had ensured the survival of the people of Mthwakazi by simply exiting (with the means to defend themselves) from Zimbabwe to form their own independent State?

     [5] As their numbers increase, they would legitimise the teachings of their language as was the case with Shona in schools and its wide use in rural areas, thus achieving their desired cultural hegemony.

     [6] This behaviour has been condoned at the highest levels of ZANU-PF, and these abuses continued unabated.

     [7] We are sick of listening to Television, Radio etc. that has overtures of an occupying force and cultural imperialism.


- Source: MLF, published by umthwakazireview.com

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