Mugabe's Unilateral Constitutional Amendments: Abuse Of Power

Robert Mugabe amended Zimbabwe's constitution multiple times, with seventeen amendments made to the 1980 charter between its establishment and 2005. Some of these amendments were made to consolidate Mugabe's power, such as the abolition of seats reserved for the white minority in parliament, the abolition of the office of prime minister, and the creation of an executive presidency. Mugabe's ruling party, ZANU-PF, has consistently used its electoral representation to constitutionalize its policy preferences, and has been accused of abusing its majority in the National Assembly to propose and rush through constitutional changes.

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Mugabe's government appointed a 400-member Constitutional Commission to draft a new constitution

In April 1999, Mugabe's government appointed a 400-member Constitutional Commission to draft a new constitution. This was done to meet the growing demand for constitutional reform. The commission was chaired by senior judge Godfrey Chidyausiku and included all 150 members of the House of Assembly, as well as 246 other members, such as Professor Jonathan Moyo. Over August and September, the commission held more than 5,000 meetings with local people and groups in Zimbabwe.

The Constitutional Commission delivered its draft constitution to President Mugabe on 29 November 1999. The draft constitution included a Bill of Rights and addressed issues such as land reform, seeking to address the feeling that the existing constitution was too heavily influenced by the country's colonial past. Specifically, the draft constitution included a clause allowing the government to take possession of white-owned land, with compensation to be paid by the United Kingdom.

However, the draft presented by the commission was not the one ultimately presented to voters in the referendum. Instead, a revised version redrafted by the Cabinet was put to a vote. This revision included changes such as removing the requirement for compensation to be paid for expropriated land.

The proposed new constitution was rejected by voters in the February 2000 referendum, with 53% voting against it and 44% in favour. This was unexpected and was seen as a personal rebuff to President Mugabe. The rejection of the new constitution was influenced by concerns over granting more powers to the executive presidency and the perception that the commission was not independent of the government. Mugabe's government had previously made changes to the electoral process, such as increasing the number of parliamentary seats and allowing the president to appoint a portion of them, making it more difficult for any opposition to gain a majority.

The 2013 Constitution was amended to increase presidential powers

The 2013 Constitution of Zimbabwe came into effect on 22 August 2013, when the President was sworn in after the first elections. The Constitution was approved in a referendum on 16 March 2013 and subsequently passed by Parliament on 9 May 2013. President Robert Mugabe gave his assent on 22 May 2013.

However, the 2013 Constitution was short-lived, as it was soon amended to increase presidential powers. The first amendment bill was passed on 17 September 2017, with the second amendment bill also expected to pass. These changes were seen by critics as a continuation of Mugabe-style constitutional revisionism, where the ruling party uses its electoral dominance to renege on negotiated concessions.

Indeed, Mugabe had a history of amending the Constitution to consolidate his power. In 1987, for example, constitutional amendments abolished the twenty parliamentary seats reserved for white representatives, leaving parliament less relevant and independent. In the lead-up to the 1990 election, Mugabe's government increased the number of parliamentary seats to 120, with twenty appointed by the President, making it harder for the opposition to gain a majority.

The 2013 Constitution amendments aimed to ensure the ruling party's control and prevent a repeat of the 2017 scenario, where Mugabe's iron grip on power led to instability and in-fighting. While the first amendment increased presidential powers, the second amendment introduced checks and balances, asserting the institutional power of ZANU PF over the individual power of its president.

The Constitution was amended to abolish the twenty parliamentary seats reserved for white representatives

The Constitution of Zimbabwe was amended to abolish the twenty parliamentary seats reserved for white representatives. This amendment was one of seventeen amendments made to the Independence Charter between its establishment and 2005, none of which went through a referendum or popular participation.

The twenty seats were guaranteed for seven years under the constitution negotiated at the end of Zimbabwe's civil war in 1980. The guarantee ran out in May 1987, and the seats could be abolished by a 70% majority vote in the 100-seat parliament. Robert Mugabe's party, ZANU-PF, held 57 of the 80 parliamentary seats allocated for black parties, providing them with an absolute majority. The amendment was passed, and the twenty seats were abolished.

Mugabe justified the amendment by stating that the special seats had to go to establish a "new nonracial political order" in which no racial group would continue to have special rights. He claimed that the whites had failed to respond adequately to his gesture of national reconciliation after the civil war. Mugabe's place was taken by Mark Partridge, who said that the party still believed that the special seats should be retained for another 10 to 20 years.

Mugabe's government had previously appointed a 400-member Constitutional Commission to draft a new constitution in April 1999. However, the National Constitutional Assembly, a pro-reform pressure group, expressed concern that the commission was not independent of the government. In a February 2000 referendum, the draft constitution was rejected, with 53% against and 44% in favor. Mugabe blamed the white minority for orchestrating his defeat, referring to them as "enemies of Zimbabwe".

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Mugabe's government implemented economic reforms, including the privatisation of state assets

Robert Mugabe's government implemented economic reforms, including the privatisation of state assets. In 1991, Mugabe pledged himself to free-market economics and accepted a structural adjustment programme provided by the International Monetary Fund (IMF). This economic reform package called for Zimbabwe to privatise state assets and reduce import tariffs. Mugabe's government implemented some but not all of its recommendations. The reforms encouraged employers to cut wages, generating opposition from the Zimbabwe Congress of Trade Unions.

In 1998, Mugabe's intervention in the civil war in the Democratic Republic of Congo resulted in the suspension of international economic aid for Zimbabwe. This further weakened the country's economy, which was already facing problems due to increasing demands for greater native African participation in the ownership of the economy. The government's budgetary policies were conservative, operating within a capitalist framework, and the economy continued to deteriorate throughout the 1990s.

In 2000, the government imposed a land reform program to seize white-owned farms, which caused the economy to shrink further. This was accompanied by mismanagement, corruption, and political instability. By 1990, 52,000 black families had been settled on 6.5 million acres, but this was insufficient to address the country's overcrowding problem. The government hoped to settle 110,000 black families on 13 million acres by expropriating half of all white-owned land. This led to accusations of racism and destruction, with filmmakers Andrew Thompson and Lucy Bailey documenting the story of white farmer Mike Campbell, who was told he could no longer own his land due to his race.

In addition to economic reforms, Mugabe's government also made changes to the constitution, granting him more power. In 1999, a 400-member Constitutional Commission was appointed to draft a new constitution, but it was rejected in a 2000 referendum. Mugabe's government retained control over the media, security forces, and a large parastatal sector of the economy, allowing them to minimise organised political opposition. Amendments to the constitution in 1987 abolished parliamentary seats for white representatives and gave Mugabe the power to dissolve parliament and declare martial law. These constitutional changes contributed to Mugabe's grip on power and the perception of him becoming a dictator by the mid-1990s.

The Constitution was amended to abolish the office of the prime minister and create an executive presidency

Robert Mugabe amended the Constitution of Zimbabwe multiple times. One of the most significant changes was the abolition of the office of the prime minister and the creation of an executive presidency. This took place in 1987, following a forced merger between Mugabe's Zimbabwe African National Union (ZANU) and the main opposition Patriotic Front (PF). This merger left ZANU-PF with 99 out of 100 seats in parliament, effectively making Zimbabwe a one-party state.

The new position of executive president combined the roles of head of state, head of government, and commander-in-chief of the armed forces. This gave Mugabe the power to dissolve parliament, declare martial law, and run for an unlimited number of terms. The amendment also abolished the parliamentary seats reserved for white representatives, further reducing the influence of the white minority in Zimbabwe's political system.

Mugabe's amendments to the constitution were often motivated by a desire to consolidate and extend his power. For example, in the lead-up to the 1990 election, parliamentary reforms increased the number of seats appointed by the president, making it more difficult for the opposition to gain a majority. Mugabe also used his control of parliament to pass amendments that increased the government's power over land expropriation and reduced landowners' rights to appeal in court.

Critics argued that Mugabe's amendments undermined democratic principles and contributed to the centralization of power in the executive branch. The perception that Mugabe was tailoring the constitution to suit his interests, rather than following a binding national framework, was a source of concern for many in Zimbabwe.

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