Zimbabwean constitutional referendum, 2000
Encyclopedia
A constitutional referendum was held in Zimbabwe
on February 12-13, 2000. The proposed new Constitution of Zimbabwe
, which had been drafted by a Constitutional Convention the previous year, was defeated. The defeat was unexpected and was taken as a personal rebuff for President Robert Mugabe
and a political triumph for the newly formed opposition group, the Movement for Democratic Change. The new proposed constitution was notable for giving power to the government to seize farms owned by white
farmers, without compensation, and transfer them to black farm owners as part of a scheme of land reform
.
of 1979 and had served the country for nearly 20 years. There was a widespread feeling in Zimbabwe that it was too heavily influenced by the country's colonial past, and that a new constitution written in the light of the experience of independence was desirable. Accordingly, on May 21, 1999, President Mugabe announced the convening of a Constitutional Convention to draft such a constitution fit for the country. The chairman of the commission was a senior judge, Godfrey Chidyausiku
. 396 people were named to the convention, including all 150 members of the House of Assembly; some previous opponents of the government were included among the 246 other members, such as Professor Jonathan Moyo
.
Over August and September the Convention held more than 5,000 meetings with local people and groups in Zimbabwe, with many seeing concerns voiced over granting of more powers to the executive Presidency. There had already arisen a community group called the National Constitutional Assembly
(formed 1997) which convened a "People's Constitutional Convention" in Chitungwiza
in June 1999. 4,000 attended this gathering. The perceived success of this group was a critical part in the decision to form the Movement for Democratic Change.
At the Convention's final meeting on November 29, Justice Chidyausiku announced that the proposed constitution had been adopted "by acclamation" and did not call for a vote. There was some dissent within the room, with dissenters arguing that the proposed constitution did not represent the opinions of Zimbabweans on issues such as Presidential powers. Opponents argued that the Executive Presidency should be replaced with a Prime Minister accountable to Parliament, and a titular and not executive President.
but with some rights restricted (for example, it included no pledge to equal treatment for homosexuals
). It proposed to expand the House of Assembly to 200 members, with 50 of them to be elected under a proportional voting system, and to create a new 60 member Senate. It proposed to limit the President to two successive five-year terms, a restriction to begin after the constitution came in force.
The executive President was to remain but be supplemented by a Prime Minister who would be head of government on a day-to-day basis. Opponents of the constitution criticised the legal immunities given to the State and to individuals holding office.
One of the more controversial aspects of the constitution covered land reform. The draft presented by the Commission was not that presented to the electorate for the referendum, but a revised version redrafted by the Cabinet. The proposed Bill of Rights declared that "before Independence the people of Zimbabwe were unjustifiably dispossessed of their land and other resources without compensation", and therefore included a clause allowing the Government to take possession of white-owned land with compensation to be paid by the United Kingdom
. Should the United Kingdom not pay, the constitution declared that the "Government of Zimbabwe has no obligation to pay compensation".
and so the constituencies used were those drawn up by the 1994 Delimitation Commission. For details of their boundaries, see 1994 Delimitation Commission Report (Cmd. RZ 2 1995).
The voters' roll was reported to be in a poor state. A United Nations
advisory team reported in December 1999 that up to a quarter of all the names were now dead, and a third of the names had since moved constituencies. The establishment of polling stations was delayed given the confusion, but the Registrar-General insisted on using the electoral roll rather than using other measures to prevent people from voting twice. A last-minute attempt to delay the referendum was turned down by the High Court.
Zimbabwe
Zimbabwe is a landlocked country located in the southern part of the African continent, between the Zambezi and Limpopo rivers. It is bordered by South Africa to the south, Botswana to the southwest, Zambia and a tip of Namibia to the northwest and Mozambique to the east. Zimbabwe has three...
on February 12-13, 2000. The proposed new Constitution of Zimbabwe
Constitution of Zimbabwe
The Constitution of Zimbabwe is officially the supreme law of Zimbabwe. Practically, the 2008 power-sharing deal provides the structure for much of the government. The current constitution is a result of the 1979 Lancaster House Agreement and is sometimes called the Lancaster Constitution...
, which had been drafted by a Constitutional Convention the previous year, was defeated. The defeat was unexpected and was taken as a personal rebuff for President Robert Mugabe
Robert Mugabe
Robert Gabriel Mugabe is the President of Zimbabwe. As one of the leaders of the liberation movement against white-minority rule, he was elected into power in 1980...
and a political triumph for the newly formed opposition group, the Movement for Democratic Change. The new proposed constitution was notable for giving power to the government to seize farms owned by white
Whites in Zimbabwe
White Zimbabweans are people from the southern African country Zimbabwe who identify themselves as white...
farmers, without compensation, and transfer them to black farm owners as part of a scheme of land reform
Land reform in Zimbabwe
Land reform in Zimbabwe officially began in 1979 with the signing of the Lancaster House Agreement, an effort to more equitably distribute land between the historically disenfranchised blacks and the minority-whites who ruled Zimbabwe from 1890 to 1979...
.
Background
The constitution of Zimbabwe had been drawn up as part of the Lancaster House AgreementLancaster House Agreement
The negotiations which led to the Lancaster House Agreement brought independence to Rhodesia following Ian Smith’s Unilateral Declaration of Independence in 1965. The Agreement covered the Independence Constitution, pre-independence arrangements, and a ceasefire...
of 1979 and had served the country for nearly 20 years. There was a widespread feeling in Zimbabwe that it was too heavily influenced by the country's colonial past, and that a new constitution written in the light of the experience of independence was desirable. Accordingly, on May 21, 1999, President Mugabe announced the convening of a Constitutional Convention to draft such a constitution fit for the country. The chairman of the commission was a senior judge, Godfrey Chidyausiku
Godfrey Chidyausiku
Godfrey Guwa Chidyausiku is a Zimbabwean judge and former politician. He was involved in politics during Rhodesia's unilaterally declared independence, being a member of the Rhodesia House of Assembly...
. 396 people were named to the convention, including all 150 members of the House of Assembly; some previous opponents of the government were included among the 246 other members, such as Professor Jonathan Moyo
Jonathan Moyo
Jonathan Nathaniel Moyo is a controversial political figure in Zimbabwe. He was Minister of Information from 2000 to 2005 and is currently a Member of Parliament. He is considered the core architect of AIPPA and POSA....
.
Over August and September the Convention held more than 5,000 meetings with local people and groups in Zimbabwe, with many seeing concerns voiced over granting of more powers to the executive Presidency. There had already arisen a community group called the National Constitutional Assembly
National Constitutional Assembly
The National Constitutional Assembly is a non-governmental organisation formed in 1997 as a grouping of individual Zimbabwean citizens and civic organisations including, labour movements, student and youth groups, women groups, churches, business groups and human rights organisations...
(formed 1997) which convened a "People's Constitutional Convention" in Chitungwiza
Chitungwiza
Chitungwiza — known colloquially as Chi Town — is a high-density dormitory town in Zimbabwe. The town is approximately 30 kilometres south of the capital, Harare. It was formed in 1978 from three townships: Seke, Zengeza, and St Marys.- Background :...
in June 1999. 4,000 attended this gathering. The perceived success of this group was a critical part in the decision to form the Movement for Democratic Change.
At the Convention's final meeting on November 29, Justice Chidyausiku announced that the proposed constitution had been adopted "by acclamation" and did not call for a vote. There was some dissent within the room, with dissenters arguing that the proposed constitution did not represent the opinions of Zimbabweans on issues such as Presidential powers. Opponents argued that the Executive Presidency should be replaced with a Prime Minister accountable to Parliament, and a titular and not executive President.
Constitutional proposals
The proposed constitution incorporated a "Bill of Rights" based on that adopted in South AfricaSouth Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
but with some rights restricted (for example, it included no pledge to equal treatment for homosexuals
Homosexuality
Homosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...
). It proposed to expand the House of Assembly to 200 members, with 50 of them to be elected under a proportional voting system, and to create a new 60 member Senate. It proposed to limit the President to two successive five-year terms, a restriction to begin after the constitution came in force.
The executive President was to remain but be supplemented by a Prime Minister who would be head of government on a day-to-day basis. Opponents of the constitution criticised the legal immunities given to the State and to individuals holding office.
One of the more controversial aspects of the constitution covered land reform. The draft presented by the Commission was not that presented to the electorate for the referendum, but a revised version redrafted by the Cabinet. The proposed Bill of Rights declared that "before Independence the people of Zimbabwe were unjustifiably dispossessed of their land and other resources without compensation", and therefore included a clause allowing the Government to take possession of white-owned land with compensation to be paid by the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. Should the United Kingdom not pay, the constitution declared that the "Government of Zimbabwe has no obligation to pay compensation".
Administration
Referendums in Zimbabwe are counted by House of Assembly constituency. The Delimitation Commission determining the boundaries of constituencies had not yet reported in time for the 2000 electionsZimbabwe parliamentary elections, 2000
The Zimbabwe parliamentary elections of 2000 to the Zimbabwe House of Assembly were held on June 24 and June 25, 2000. The electoral system involved 120 constituencies returning one member each, elected by the First Past the Post system, with the President of Zimbabwe then nominating 20 members and...
and so the constituencies used were those drawn up by the 1994 Delimitation Commission. For details of their boundaries, see 1994 Delimitation Commission Report (Cmd. RZ 2 1995).
The voters' roll was reported to be in a poor state. A United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
advisory team reported in December 1999 that up to a quarter of all the names were now dead, and a third of the names had since moved constituencies. The establishment of polling stations was delayed given the confusion, but the Registrar-General insisted on using the electoral roll rather than using other measures to prevent people from voting twice. A last-minute attempt to delay the referendum was turned down by the High Court.
Result
| Votes | % | |
|---|---|---|
| Yes | 578,210 | 45.3 |
| No | 697,754 | 54.7 |
| Spoilt ballots | 36,774 | |
| Total | 1,312,738 |
Constituency results
| Constituency | Yes | No | Spoilt | ||
|---|---|---|---|---|---|
| Votes | % | Votes | % | ||
| BULAWAYO PROVINCE | |||||
| Bulawayo North | 3,981 | 24.8 | 12,099 | 75.2 | 194 |
| Bulawayo South | 4,291 | 19.3 | 17,961 | 80.7 | 347 |
| Lobengula | 2,181 | 23.4 | 7,150 | 76.6 | 99 |
| Luveve | 2,022 | 22.8 | 6,860 | 77.2 | 398 |
| Makokoba | 2,433 | 24.1 | 7,680 | 75.9 | 182 |
| Mpopoma | 2,619 | 22.4 | 9,056 | 77.6 | 115 |
| Nkulumane | 4,807 | 26.1 | 13,619 | 73.9 | 214 |
| Pelandaba | 2,721 | 25.7 | 7,861 | 74.3 | 187 |
| Pumula-Magwegwe | 2,682 | 24.8 | 8,136 | 75.2 | 159 |
| HARARE PROVINCE | |||||
| Budiriro | 3,467 | 21.2 | 12,908 | 78.8 | 240 |
| Chitungwiza East | 3,382 | 29.8 | 7,953 | 70.2 | 488 |
| Chitungwiza West | 3,683 | 29.1 | 8,993 | 70.9 | 413 |
| Dzivarasekwa | 4,574 | 29.3 | 11,016 | 70.7 | 228 |
| Glen Norah | 4,151 | 22.7 | 14,175 | 77.3 | 186 |
| Glen View | 2,894 | 20.9 | 10,920 | 79.1 | 115 |
| Harare Central | 4,821 | 22.2 | 16,882 | 77.8 | 191 |
| Harare East | 4,548 | 20.4 | 17,728 | 79.6 | 395 |
| Harare North | 4,942 | 24.7 | 15,038 | 75.3 | 394 |
| Harare South | 3,703 | 26.4 | 10,302 | 73.6 | 145 |
| Hatfield | 4,739 | 34.8 | 8,873 | 65.2 | 228 |
| Highfield | 3,940 | 25.6 | 11,429 | 74.4 | 158 |
| Kambuzuma | 2,907 | 22.3 | 10,121 | 77.7 | 154 |
| Kuwadzana | 3,977 | 28.5 | 9,997 | 71.5 | 124 |
| Mbare East | 3,787 | 28.1 | 9,693 | 71.9 | 187 |
| Mbare West | 3,022 | 24.3 | 9,405 | 75.7 | 307 |
| Mufakose | 4,680 | 26.1 | 13,252 | 73.9 | 244 |
| St. Mary's | 2,429 | 26.7 | 6,678 | 73.3 | 155 |
| Tafara-Mabvuku | 4,271 | 25.3 | 12,616 | 74.7 | 385 |
| Zengeza | 4,232 | 31.5 | 9,192 | 68.5 | 135 |
| MANICALAND PROVINCE | |||||
| Buhera North | 4,018 | 53.5 | 3,494 | 46.5 | 142 |
| Buhera South | 4,609 | 55.3 | 3,721 | 44.7 | 167 |
| Chimanimani | 2,366 | 38.4 | 3,803 | 61.6 | 229 |
| Chipinge North | 1,828 | 26.4 | 5,104 | 73.6 | 190 |
| Chipinge South | 1,859 | 31.1 | 4,117 | 68.9 | 157 |
| Makoni East | 2,915 | 43.6 | 3,778 | 56.4 | 123 |
| Makoni North | 3,297 | 64.1 | 1,847 | 35.9 | 170 |
| Makoni West | 3,031 | 48.1 | 3,268 | 52.9 | 148 |
| Mutare Central | 3,126 | 18.4 | 13,821 | 81.6 | 165 |
| Mutare North | 3,121 | 22.8 | 10,594 | 77.2 | 854 |
| Mutare South | 2,452 | 37.3 | 4,120 | 62.7 | 133 |
| Mutare West | 1,771 | 43.0 | 2,347 | 57.0 | 109 |
| Mutasa | 1,867 | 35.5 | 3,389 | 64.5 | 114 |
| Nyanga | 2,733 | 38.4 | 4,384 | 61.6 | 197 |
| MASHONALAND CENTRAL PROVINCE | |||||
| Bindura | 5,438 | 47.0 | 6,141 | 53.0 | 287 |
| Guruve North | 9,685 | 79.6 | 2,475 | 20.4 | 182 |
| Guruve South | 9,824 | 78.5 | 2,690 | 21.5 | 247 |
| Mazoe East | 8,119 | 61.2 | 5,147 | 38.8 | 253 |
| Mazoe West | 5,390 | 52.7 | 4,830 | 47.3 | 273 |
| Mount Darwin | 10,458 | 80.5 | 2,536 | 19.5 | 377 |
| Muzarabani | 7,758 | 77.8 | 2,216 | 22.2 | 246 |
| Rushinga | 11,593 | 78.7 | 3,146 | 21.3 | 559 |
| Shamva | 10,525 | 74.0 | 3,696 | 26.0 | 333 |
| MASHONALAND EAST PROVINCE | |||||
| Chikomba | 4,201 | 57.3 | 3,127 | 42.7 | 807 |
| Goromonzi | 3,904 | 42.3 | 5,331 | 57.7 | 1,803 |
| Marondera East | 6,869 | 46.7 | 7,827 | 53.3 | 247 |
| Marondera West | 4,603 | 60.4 | 3,016 | 39.6 | 143 |
| Mudzi | 9,392 | 77.6 | 2,705 | 22.4 | 293 |
| Murewa North | 3,925 | 64.5 | 2,161 | 35.5 | 107 |
| Murewa South | 4,007 | 56.9 | 3,037 | 43.1 | 149 |
| Mutoko North | 5,041 | 69.2 | 2,245 | 30.8 | 172 |
| Mutoko South | 7,035 | 82.2 | 1,525 | 17.8 | 62 |
| Seke | 3,695 | 35.5 | 6,718 | 64.5 | 208 |
| Uzumba-Maramba-Pfungwe | 7,733 | 75.8 | 2,470 | 24.2 | 192 |
| Wedza | 4,552 | 62.1 | 2,784 | 37.9 | 195 |
| MASHONALAND WEST PROVINCE | |||||
| Chegutu East | 4,167 | 44.1 | 5,276 | 55.9 | 264 |
| Chegutu West | 5,192 | 52.1 | 4,775 | 47.9 | 197 |
| Chinhoyi | 5,831 | 43.1 | 7,683 | 56.9 | 264 |
| Hurungwe East | 5,555 | 60.4 | 3,635 | 39.6 | 413 |
| Hurungwe West | 5,073 | 69.7 | 2,207 | 30.3 | 980 |
| Kadoma Central | 4,410 | 42.9 | 5,881 | 57.1 | 521 |
| Kadoma East | 4,673 | 73.5 | 1,688 | 26.5 | 123 |
| Kadoma West | 5,442 | 64.8 | 2,953 | 35.2 | 240 |
| Kariba | 5,167 | 54.4 | 4,335 | 45.6 | 161 |
| Makonde | 6,243 | 66.1 | 3,204 | 33.9 | 250 |
| Mhondoro | 3,793 | 56.2 | 2,962 | 43.8 | 175 |
| Zvimba North | 7,147 | 57.3 | 5,327 | 42.7 | 366 |
| Zvimba South | 12,558 | 78.7 | 3,402 | 21.3 | 599 |
| MASVINGO PROVINCE | |||||
| Bikita | 3,939 | 53.0 | 3,497 | 47.0 | 600 |
| Chiredzi North | 5,149 | 44.7 | 6,369 | 55.3 | 282 |
| Chiredzi South | 3,953 | 59.9 | 2,649 | 40.1 | 150 |
| Chivi North | 3,402 | 66.1 | 1,748 | 33.9 | 156 |
| Chivi South | 3,939 | 61.5 | 2,465 | 38.5 | 157 |
| Gutu-Bikita | 3,162 | 51.8 | 2,940 | 48.2 | 171 |
| Gutu North | 5,062 | 57.2 | 3,790 | 42.8 | 254 |
| Gutu South | 3,963 | 60.1 | 2,631 | 39.9 | 139 |
| Masvingo Central | 4,682 | 37.6 | 7,773 | 62.4 | 209 |
| Masvingo North | 3,248 | 47.5 | 3,593 | 52.5 | 690 |
| Masvingo South | 5,947 | 70.5 | 2,491 | 29.5 | 189 |
| Mwenezi | 7,017 | 72.2 | 2,704 | 27.8 | 496 |
| Zaka East | 3,381 | 53.3 | 2,963 | 46.7 | 179 |
| Zaka West | 5,043 | 55.5 | 4,045 | 44.5 | 1,285 |
| MATABELELAND NORTH PROVINCE | |||||
| Binga | 2,602 | 32.9 | 5,296 | 67.1 | 591 |
| Bubi-Umguza | 6,136 | 55.3 | 4,957 | 44.7 | 341 |
| Hwange East | 3,302 | 39.6 | 5,046 | 60.4 | 234 |
| Hwange West | 2,213 | 24.6 | 6,770 | 75.4 | 168 |
| Lupane | 3,844 | 61.5 | 2,408 | 38.5 | 154 |
| Nkayi | 3,750 | 53.3 | 3,291 | 46.7 | 260 |
| Tsholotsho | 5,066 | 59.4 | 3,456 | 60.6 | 179 |
| MATABELELAND SOUTH PROVINCE | |||||
| Beitbridge | 7,337 | 66.1 | 3,766 | 33.9 | 813 |
| Bulilimamangwe North | 5,259 | 64.7 | 2,865 | 35.3 | 229 |
| Bulilimamangwe South | 4,520 | 51.5 | 4,261 | 48.5 | 220 |
| Gwanda | 5,861 | 46.5 | 6,747 | 53.5 | 334 |
| Insiza | 3,112 | 42.7 | 4,176 | 57.3 | 401 |
| Matobo | 3,805 | 48.0 | 4,130 | 52.0 | 286 |
| Umzingwane | 3,712 | 39.0 | 5,814 | 61.0 | 175 |
| MIDLANDS PROVINCE | |||||
| Chirumanzu | 4,921 | 63.0 | 2,894 | 37.0 | 276 |
| Gokwe Central | 9,133 | 68.0 | 4,296 | 32.0 | 556 |
| Gokwe East | 5,074 | 65.0 | 2,731 | 35.0 | 186 |
| Gokwe North | 6,466 | 66.2 | 3,298 | 33.8 | 437 |
| Gokwe South | 6,110 | 69.7 | 2,660 | 30.3 | 936 |
| Gweru Central | 4,250 | 34.9 | 7,945 | 65.1 | 167 |
| Kwekwe Central | 4,778 | 35.4 | 8,702 | 64.6 | 172 |
| Kwekwe North | 7,718 | 63.0 | 4,528 | 37.0 | 306 |
| Kwekwe West | 4,821 | 40.8 | 6,994 | 59.2 | 1,148 |
| Mberengwa East | 8,400 | 81.5 | 1,906 | 18.5 | 738 |
| Mberengwa West | 8,149 | 75.7 | 2,616 | 24.3 | 313 |
| Mkoba | 4,191 | 32.2 | 8,842 | 67.8 | 153 |
| Shurugwi | 6,780 | 68.0 | 3,191 | 32.0 | 215 |
| Vungu | 3,492 | 47.3 | 3,890 | 52.7 | 190 |
| Zvishavane | 7,904 | 56.5 | 6,079 | 43.5 | 288 |
External links
- Report of the Centre for Democracy and Development Observer Mission on the referendum (including results).
- Presidential speech announcing Constitutional convention (Web.archive.org)
- Draft constitution (Web.archive.org)