COPAC's Final Narrative Report to Parliament - Feb 2013.doc

C the select committee also developed 26

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c) The Select Committee also developed 26 constitutional principles from the National Statistical Reports to guide the drafting process. These are also contained in the document entitled ‘Drafting Instruments’ noted above. Whereas in other jurisdictions such as in South Africa the Constitutional principles were developed to guide the views to be included into the constitution, the Zimbabwean approach was to derive these Constitutional principles from what the people had said. It is what they said that informed the Constitutional Principles rather than the other way round. The exercise to have the above was undertaken in Masvingo at Great Zimbabwe from 29 October to 3 November 2011. The Select Committee, together with seventeen experts, five drawn from each of the political parties in the GNU as well as two representatives of Chiefs then went to Leopard Rock in Nyanga to consider the issue of gaps that needed to be filled in order for Drafting to be undertaken. The one week of work resulted in the Select Committee producing a ‘Document on Gap Filling’. There were gaps in the information that was collected during the outreach programme. In some instances technical questions were not addressed. People answered the question “what”, and did not address the question of “how” they wanted the issues to be effected in the constitution. The Select Committee with the assistance of technical experts then conducted a process of identifying and filling the gaps and produced an agreed document on Gap filling, which became part of the Drafting Instructions. 5.2. Drafters As the Select Committee was busy preparing for drafting, the Management Committee, with the approval of the Principals settled on three Drafters namely, Mr. Moses Chinhengo, a former High Court judge in Zimbabwe but then based in Botswana as a judge, Mrs. Priscilla Madzonga, a legal practitioner and Mr. Brian Crozier, a law Lecturer at the University of Zimbabwe. The Select Committee later endorsed the names of the three. There was an outcry from women who were clamouring for another woman as a Drafter. The Management Committee had considered another female Drafter based in South Africa but subsequently dropped the idea. 46 The Constitution Select Committee (COPAC) Report to Parliament, February 2013
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5.3. Commencement of Drafting Drafting commenced on the 5 th of December 2011, and the process was supposed to take thirty five days. Just before Christmas, an incomplete Draft Constitution was leaked to the press. The draft caused a lot of outcry as the Drafters had not correctly captured the instructions of the Select Committee. With agreement from the co-chairs, the Drafters had thrown in their own suggestions to complete some gaps. Upon reflection, it became evident that the Select Committee had not given clear instructions to the Drafters.
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  • Fall '17
  • Jane Moore
  • ........., Parliament of the United Kingdom, The Honourable, United Kingdom of Great Britain and Ireland, The Right Honourable, Constitution Select Committee

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