COPAC

MINISTRY OF CONSTITUTIONAL AND PARLIAMENTARY AFFAIRS

MISSION STATEMENT
To formulate and lead the implementation of the government constitutional reform and to provide the linkage between the Executive and Legislature.

MANDATE OF THE MINISTRY
• To administer the constitution
• To formulate constitutional reform policies

PRINCIPLES AND CORE VALUES OF THE MINISTRY
Commitment to constitutional values and to a culture of human rights. The ministry recognises, and upholds the supremacy of the constitution and the rule of law.

HISTORICAL BACKGROUND
The people of Zimbabwe are in a historic moment of writing their own constitution. The present constitution was made at Lancaster House conference in 1979 and was primarily to transfer power from the colonial settlers to the people of Zimbabwe. The people of Zimbabwe were not involved in the crafting of this constitution. It is this constitution which has been amended a record nineteen times. There have been two major attempts to make the constitution. In 1972, there was the Pearce Commission Constitution which was rejected because it had been forced on the people and similarly the 1999 to 2000 draft constitution that had been altered was also rejected.
The current constitution writing is based on article V1 of the Global Political Agreement (GPA), signed between Zanu PF and the two MDC formations. It must be succinctly noted that, the writing of the new constitution is not restricted to the three political parties. The GPA makes it clear that, it is a fundamental right and duty of all Zimbabweans to write a constitution for themselves.  It is vital for every Zimbabwean, both local and those in the diaspora, to participate in this historic process.

THE ROLE OF THE MINISTRY IN THE CONSTITUTION MAKING PROCESS
The Ministry of Constitutional and Parliamentary Affairs facilitate the process; it links the Parliamentary Select Committee and the Executive. It is the focal resource point for the constitution making process. The ministry is working hand in hand with COPAC and has been assisting in the preparation of budgets and work plans for the constitution making process to ensure that they comply with Treasury requirements.

WHO ARE THE KEY PLAYERS IN THE CONSTITUTION MAKING PROCESS
The key players in this process are us, the people of Zimbabwe. We determine the content of the constitution. The Parliamentary Select Committee (COPAC) manages the constitution making process. It is currently overseeing the outreach process conducted by both Civil Society and members of Parliament. The outreach programme gathers the people’s views on the content of the constitution. The Ministry of Constitutional and Parliamentary Affairs representing the Executive, facilitates the conduct of the process by all players.

CONSTITUTIONALISM
It must be noted that having a good constitution on its own is not sufficient. What is of paramount importance is to respect and uphold the document and all the laws made in terms of it. There is need to respect:-
• The supremacy of the constitution
• The rule of law and not rule by law
• Court rulings and judgements
There is need to develop a human rights culture which is consistent with international best practice as set out in the core values of the Ministry.