FACULTY OF ARTS

DEPARTMENT OF HISTORY AND DEVELOPMENT STUDIES

NAME SURNAME REG NO#

TAURAI STAR CHEZHIRA M171695

MODULE : CONSTITUTION AND CONSTITUTIONALISM

CODE : HDVS 401
LEVEL : 4.1
YEAR : 2020
LECTURER : MR D MUGODZWA

QUESTION

REACT TO THE NOTION THAT DEMOCRATIC CONSTITUTIONS ARE NON-EXISTENCE IN AFRICA.

The notion that democratic constitutions are non-existence in Africa is valid to a greater
extent. Constitutions only exists on paper but in Africa they are being breached at will by
government officials and other influential figures. This is being done through corrupt
government officials, lack of good governance, lack of transparency and accountability, lack
of adequate security, poor management of resources, existence of tyrannical rule, staging of
coups, vote rigging, criminal abuse of power, abuse of human rights, unchecked bureaucratic
power, lack of adherence of the rules and regulations laid in the constitution, political
fanaticism, conflicting rules and regulations and indiscipline to mention a few. However to a
lesser extent we cannot ignore the partial existence of democratic constitutions in Africa. This
is evidenced by the efforts in allowing voting suffrage, allowing multi political parties and
fall of dictatorship. Therefore, this essay is in a bid to unveil that the partial party does not
outweigh the non-existence of democratic constitutions in Africa.

To commence with the notion that democratic constitutions are non-existence in Africa due
to rampant corruption by government officials and influential figures. According to A Otuko
(2004), stated that Africa is characterized with endemic corrupt leaders who do not have
people at heart. This can be evidenced by the former South African president Jacob Zuma,
during his reign, he took state funds and built his personal luxurious mansion and nothing
was done to him. Also in Zimbabwe former minister of mines Obert Mpofu failed to be held
accountable for the disappearance of diamonds worth 15 billion that were mined in
Chiyadzwa, nothing was done to him also when he appeared before the mining portfolio
committee as he replied them that he does not even know how diamonds looks like. Recently
finance minister Mthuli Ncube failed to be accountable of the missing 3 billion which was
channeled to command agriculture. This is clear evidence of endemic corruption that is
profiteering the ruling elites and bringing resistance to transparency and accountability. These
acts goes against the constitution of Zimbabwe chapter 9 section 1 which states that, the state
must adopt and implement policies and legislation to develop efficiency, competence,
accountability, transparency, personal integrity and financial probity in all institutions and
agencies of government at every level and in every public institution, and in particular. So
one can argue that democratic constitutions are non-existence in Africa.

Furthermore, democratic constitutions are non-existence in Africa due to criminal abuse of

power by the ruling elites. This can be evidenced unfair dismissal of court cases and
persecution of the ruling elites. An example can be that of the Zimbabwean Vice President
Kembo Mohadi who attacked his wife using fists willingly and nothing happened to him
when he was brought before the courts of law. Also Zimbabwean former Vice President
Phekhezela Mphoko ordered the unfair release of a criminal ZINARA acting chief executive
Moses Juma, who had been arrested for corruption. This is different when the courts are
handling crimes of ordinary citizens as the judgment is harsh and ruthless. This violets the
chapter 56 section 1 of the Zimbabwean constitution which states that all persons are equal
before the law and have the right to equal protection and benefit of the law. Therefore one
can argue that democratic constitutions are non-existence in Africa.

More so, democratic constitutions are non-existence in Africa due to bad governance by
many African leaders. According to H Kwasi (2007), most African countries use nepotism as
a tool for the leaders to stay in power. They give their relatives high influential government
and public posts of which this may lead to inefficient and incapability of the government to
run the country. This can be supported by Angolan former president Dos Santos appointed
his Son and daughter to executive positions, also in Equatorial Guinea Theodore Ongwema
appointed his son to be the vice president. In Zimbabwe, former president Robert Mugabe
appointed son-in-law Simba Chikore as chief operating officer at the troubled national airline.
It can be noted that this is against the Zimbabwean constitution chapter 9 which talks about
good governance section 1(a) which states that, appointments to public offices must be made
primarily on the bases of merit. Hence one can argue that democratic constitutions are non-
existence in Africa.

Moreover, democratic constitutions are non-existence in Africa due to abuse of human rights
by ruling elites. According to D F Mwaungulu (2006), most African leaders are characterized
of oppression and inhuman treatment of the fellow citizens. In Zimbabwe, the right to
peaceful demonstration is being abused as the demonstrations are being banned and
suppressed even before they start. The use of police and the army to beat the protesters is
common in Zimbabwe. This is against the chapter 4 section 59 of the Zimbabwean
constitution as it states that everyone has a freedom to demonstrate and petition, every person
has the right to demonstrate and to present petitions, but these rights must be exercised
peacefully. Also people are being killed by the armed forces during those demonstrations.
This is supported by the Marikanna incident in South Africa were protesting miners were
killed because they want pay increase. Also in Zimbabwe, the protest on 1 August 2018 of
delay in election results announcement led to the shooting of 6 innocent civilians by the
army. This was against the chapter 48 section 1 of the Zimbabwean constitution as it states
that everyone has a right to life. Hence one can strongly argue that democratic constitutions
are non-existence in Africa.
In addition, democratic constitutions are non-existence in Africa due to vote rigging by some
African leaders. There are well known political gurus who are very famous for vote rigging in
Africa and these includes the late former Zimbabwean president RG Mugabe, former police
commissioner Augustine Chihuri and General Chiwenga. In 2008 election Mugabe lost to
Tsvangirai the MDC leader but he employed brutality and killings with the use of
hooligans, the so called Zanu PF youths like Jim Kunaka who are well known murderers.
Then a rerun was conducted and Mugabe was declared a winner, this same scenario
happened also in 2013 elections leading to death of many people. During the era of ED
Munangagwa, he also lost election to the opposition leader Nelson Chamisa but the
Juntas, Chiwenga, SB Moyo, P Shiri and ED Munangagwa could not allow that so they
manipulated the Zimbabwe Electoral Commission and uses their puppet Priscilla
Chigumba to announce fake results. Therefore, one can argue that democratic constitutions
are non-existence in Africa.

Democratic constitutions are non-existence in Africa due to unchecked bureaucratic power of

African presidents. Most African presidents are very powerful to the extent that they can
control any government operations to suit their will. this can be evidenced by Rwanda's Paul
Kagame who amended the constitution using his excessive powers to allow him to run for a
third term as a president, following a referendum to that effect, he may be in power until
2034. This is also similar to President Denis Sassou Nguesso of Congo who announced a
referendum to change the constitution in 2015 to allow him to contest the elections to extend
his 32 year stay in power. It is also important to note that Burundi president Pierre
Nkurunziza also changed the constitution in 2015 in order for him to run for a third term as
the president of Burundi. All these presidents, their constitutions only allows presidents to
only run for 2 terms but they used their powers to manipulate democratic constitutions.
Therefore, one can argue that democratic constitutions are non-existence in Africa.

Furthermore, democratic constitutions are non-existence in Africa due to staging of coups by

the military and opposition parties. There is a series of unconstitutional coups in Africa for
example a 2014 Burkina Faso coup, a failed military coup in Burundi 2015 and the 2017
Zimbabwean so called ''soft coup''. According to A Olasunkanmi (2018), stated that in 2014
Burkina Faso President Blaise Compaore flew his country after a coup and widespread
protests against his bid to extend his 27 year rule and this was a successful coup. Another
example is that of Pierre Nkurunziza the president of Burundi he survived a failed military
coup in 2015 which was against his long term rule and this later led to an election marred by
violence and intimidation. We cannot also keep a blind eye to the so called Zimbabwean soft
coup against the late former president RG Mugabe. The coup was engineered by General C
Chiwenga and ED Munangagwa and it was composed of military takeover and house arrest
of the former president. This led to the forced resignation of RG Mugabe and it is
unconstitutional as he resigned at gunpoint. Hence one can argue that democratic
constitutions are non-existence in Africa.

More so, democratic constitutions are non-existence in Africa due to poor management of
resources. Africa is full of resource exploitation and most of its leaders are known of their
selfishness in utilization and allocation of resources. Most of them use those resources just
for individual gains. This can be evidenced by Chief Mola in Zimbabwe, he had the large
reserves of elephant tasks and he use them for trade for his personal use. This does not benefit
the whole community of Mola Tonga village. There is also unfair and unequal land
distribution being done by the ruling elite, they gave themselves vast pieces of land and not
considering that the ordinary citizens are landless. This is against the constitution of
Zimbabwe as it states that the allocation and distribution of agricultural land must be fair and
equitable, having regard to gender balance and diverse community interests. Hence one can
say that democratic constitutions are non-existence in Africa.

However to a lesser extent we cannot ignore the partial existence of democratic constitutions
in Africa. This is evidenced by allowing voting suffrage in African countries. People are
allowed to vote in countries like Zimbabwe, Zambia, South Africa, DRC, Nigeria and
Rwanda to mention a few. They are being given their right to vote as stated in Universal
Declaration of Human Rights and African countries constitutions. Chapter 67 section 1(b) of
the Zimbabwean constitution states that everyone has the right to make political choices
freely. According to A Thompson (2002), In African states like Ghana, Benin and Senegal
where legislative and presidential elections have produced regime turnover, this is an
indication that incremental progress in electoral democracy enhances the prospects for
democratic constitutions. Countries like Botswana and Zambia are well known of conducting
peaceful elections. Somewhere somehow, the efforts of achieving democratic constitutions
are being practiced in Africa but they cannot overshadow the fact that democratic
constitutions are non-existence in Africa.

Moreover, allowing of multi political parties in African countries shows that democratic
constitutions do exists. In South Africa, they are many political parties which includes EFF,
ANC and the DA. Then in Zimbabwe's 2018 election, more than 15 political parties and
individuals contested for presidential elections, these includes Zanu PF, MDC T and MDC A.
Therefore this shows efforts to democratic constitutions in Africa and one can argue that they
are there and they really exists.

In a nutshell, democratic constitutions are non-existence in Africa is valid to a greater extent.

This is evidenced by the aforementioned points which are corrupt government officials, lack
of good governance, lack of transparency and accountability, poor management of resources,
staging of coups, vote rigging, criminal abuse of power, abuse of human rights, unchecked
bureaucratic power. However to a lesser extent we cannot ignore the partial existence of
democratic constitutions in Africa. This is evidenced by the efforts in allowing voting
suffrage, allowing multi political parties. Despite all this one should note that there is greater
evidence of the non-existence of democratic constitutions in Africa. It is only on paper but
not applicable.
REFERENCES
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Routledge; 2002

Augustine Otuko CORRUPT AFRICA New Vision Uganda Leading Daily.

D F Mwaungulu. Commonwealth Law Bulletin Vol 32, No. 32 June 2006.

Fombad MC. Challenge to Constitutionalism and Constitutional Rights in Africa and the
Enabling Role of Political Parties: Lessons and Perspectives from Southern Africa 2007.

H. Kwasi Prempeh International Journal of Constitutional Law, Volume 5, Issue 3, July 2007.

J S Mbiti. African Religions and Philosophy. London: Heimemann Educational Books Ltd.
1969.

Olasunkanmi A. Constitution without constitutionalism: interrogating the Africa experience

2018.

Zimbabwe Constitution amended 2013.