The Parliamentary Select Committee (COPAC) which was spearheading the Constitution making process prepared a draft Constitution that was tabled before Parliament on the 5th day of February 2013, and duly adopted by Parliament. The draft Constitution was published in the Gazette on the 15th day of February 2013.
Are you in favour of adopting that draft Constitution as the new Constitution of Zimbabwe?
The 2013 Zimbabwean constitutional referendum was held on 16-17 March 2013, where Zimbabweans voted on a draft constitution that had been endorsed by all major political parties in the country. The outcome was a resounding yes vote, with 94.5 percent of voters supporting the new document. The referendum was a key milestone in Zimbabwe's political landscape, paving the way for the 2013 Zimbabwean general election and marking the end of the Lancaster House Constitution that had governed the country since independence in 1980.[1] The new constitution introduced significant reforms, including term limits for the president, devolution of powers, enhanced gender equality provisions, and a strengthened bill of rights.[2]
Zimbabwe's post-independence constitutional history has been marked by efforts to replace the Lancaster House Constitution, which was negotiated in 1979 as part of the transition from Rhodesia to Zimbabwe. This document was seen by many as a compromise that preserved colonial-era structures and limited land reform.[3] The first major attempt at reform came in the 2000 Zimbabwean constitutional referendum, where a government-proposed draft was rejected by 54 percent of voters amid low turnout (26 percent) and opposition from civil society and the newly formed Movement for Democratic Change (MDC).[4] This rejection was a significant blow to President Robert Mugabe's ZANU–PF party and contributed to a period of political and economic turmoil.
The drafting was overseen by the Parliamentary Select Committee on the New Constitution (COPAC), a 25-member body co-chaired by representatives from the three GPA parties: Douglas Mwonzora (MDC–T), Edward Mkhosi (MDC–N), and Paul Mangwana (ZANU–PF).[7] The process, expected to take 18 months, stretched to nearly four years from 2009 to 2013 due to inter-party disputes, funding issues, and logistical challenges.[8] It included outreach meetings across the country, but these were marred by intimidation, violence, and ZANU–PF's efforts to influence discussions on key issues like presidential powers and devolution.[9]
Funding was a major hurdle, with the United Nations Development Programme providing $21 million, about half the budget.[10] Stalemates arose over devolution, citizenship, diaspora voting, and the electoral system, with ZANU–PF proposing up to 200 amendments.[11] SADC mediation helped resolve these, and a final draft was agreed upon on 31 January 2013.[12] Only 70,000 copies were distributed for over 5 million voters, with inadequate translations and limited access in remote areas.[13]
Women's groups, such as the Group of 20 (G-20), played a crucial role in advocating for gender provisions, supported by UN Women and UNDP.[14]
Key provisions
The new constitution retained an executive presidency but introduced two five-year term limits (not retroactive, allowing Mugabe to run again).[15] It granted the president powers to appoint ministers, ambassadors, and security chiefs, declare war, and appoint judges, with immunity during office.[16]
Security services were required to be neutral and non-partisan.[19] Land provisions limited compensation to improvements on acquired land.[20] Independent commissions, including a National Peace and Reconciliation Commission, were established.[21] The new constitution would also reintroduce dual citizenship, which had been abolished in 1984.
Gender equality was strengthened with 60 reserved seats for women in the National Assembly and a Zimbabwe Gender Commission.[22] The Declaration of Rights expanded to include protections from violence and torture, freedom of expression, and alignment with international human rights standards.[23][24]
Campaign
The campaign was low-key, with all GPA parties urging a yes vote.[25] The National Constitutional Assembly (NCA) campaigned against it, arguing the process was flawed.[26] Civil society and women's groups mobilized support, using social media to engage youth.[27] State media bias favoured ZANU–PF narratives around the process, and there were reports of intimidation.[28] The short timeframe (six weeks) limited public debate.[29]
Referendum process
Voting rules were relaxed: no voters' roll was required; a valid ID sufficed, enabling unregistered individuals, including new voters aged 18 since 2008, to participate.[30] This contributed to high turnout but raised concerns about verification.[31] The process was peaceful, with SADC observers deeming it credible, though Western observers were barred.[32]
Issues around the voters' roll
The absence of a voters' roll requirement was controversial, with the NCA alleging potential rigging through ballot stuffing and coercion in rural areas.[33] Reports emerged of block voting and party officials pre-registering names.[34] Diaspora voting was denied, limiting participation.[35] These issues foreshadowed problems in the subsequent general election, where the voters' roll was described as "in shambles."[36]
Results
The Zimbabwe Electoral Commission (ZEC) announced results on 19 March 2013: 3,079,966 yes (94.5%), 179,489 no (5.5%), with 56,627 spoilt ballots. Turnout was 59.8%, the highest since independence, with 3,316,082 votes cast.[37][38] Turnout varied by province, highest in Harare and Mashonaland, lowest in Matabeleland and Bulawayo.[39]
President Mugabe signed the constitution into law on 22 May 2013.[42] Certain provisions of the Constitution (principally the Declaration of Rights and provisions for presidential and parliamentary elections) came into operation on 22 May 2013, when Act 1 of 2013 was published. That date was the “publication day” as defined in paragraph 1 of the Sixth Schedule to the Constitution. The provisions that came into operation then are set out in paragraph 3 of that Schedule.
The rest of the Constitution came into operation on 22 August 2013, when the President was sworn in after the first elections following the Act's assent; this date is the “effective date” as defined in paragraph 1 of the Sixth Schedule to the Constitution. Some of the new constitution's clauses, however, would not take effect for 10 years.[43]
The 2013 elections, where ZANU–PF secured a landslide victory, were conducted in line with the new constitution. However, post-referendum arrests of opposition figures and civil society leaders raised concerns about implementation.[44][45] Amnesty International noted the potential for a new human rights culture but called for repealing repressive laws and funding commissions.[46] The constitution has since been amended multiple times, including expansions for youth representation and changes to judicial appointments.[47][48]
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