Socialist Workers

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No to a Parliament
Driven Constitution
...Working People Take
Charge
One of the reasons why we had been calling for a new
democratic people driven constitution is because we
have realised that a constitution made by elites will
never address issues to do with the needs of the general
populace rather it only focuses on the protection of the
interests of its crafters. That was the case with the
Lancaster house constitution that even failed to address
the interests of the combatants who fought the
liberation struggle .The Chidyausiku draft of 2000 was
similar in the sense that it failed to address the socio -
economic imbalances among the social classes in our
society.
Today the Constitutional reform process as stipulated
by Article 6 of the GPA is completely defective and leads
exactly to an end result of none other than a bourgeois
constitution .The Kariba Draft Constitution shall be
used as a cornerstone yet the draft it self is a formal
secret document done by an elite of political parties
representatives without any democratic input by
citizens. Essentially the majority of its provisions are
no different word for word with the Chidyausiku Draft
Constitution.
Movements and organizations fighting for social and
economic justice are concerned that such Draft in its
Declaration of Rights absolutely side-lines the social
and economic justice demands of the poor and
oppressed including such key rights like the rights to
food security, fair labour standards including a living
wage and the right to strike, the rights of informal
traders, the rights of rural farmers, women and youths,
rights to education, housing, social utilities like water,
electricity and transport, to health including access to
drugs and support for those affected by AIDS/HIV and
social security for children, the unemployed, the
disabled, war veterans and the elderly.
The draft is silent on provisions of economic
democracy including the rights to equitable economic
development and to national sovereignty over the
country’s natural resources for the benefit of all
including financing and subsidies for the socio-
economic rights of the ordinary people. What it does in
turn is to protect the interests of the elites and the rich
by providing for massive enhanced protection of the
right to private property.
The Draft is based on free – market neoliberal principles
whose effects have caused untold misery not just in
Zimbabwe but across the whole world.

In new Constitution - Women Demand full control your bodies, sexuality and
reproductive organs including free and safe state funded abortion which
is currently restricted to rich middle class women alone .
 international ...
South Africa’s Divisive Election
As Socialist Worker was going to press, South Africa was
voting in its fourth democratic elections since 1994. But the
polls are also its most divisive – along South Africa’s still
entrenched divides of race and class. According to all the
polls the parties likely to be the top three are the ANC,
Congress of the People (COPE) and the Democratic Alliance
(DA). It is predicted that they will win about 90% of the
votes combined. But these three also represent the divide in
South Africa today.
The DA represents the interests of the white population
that is racist. Its leader Helen Zille was open as regards its
bigotry when she argued that crime began in South Africa
under Mandela (a black government). Zille also threatened
to use the army during an intended strike by taxi (kombi)
drivers. Non-whites in the poorer areas of Cape Town with
outstanding water bills and who support the ANC have had
their water supplies cut while those who do not support the
ANC had no disconnections. The DA’s campaign is being
driven and managed by whites – yet claiming to be a party
of colour.
COPE was formed when Mbeki was kicked out as President
last year. The Mbekites (as the loyal officials of Mbeki
came to be known) were driven out in two stages – the
Polokwane conference in 2007 and the firing of Mbeki nine
months later.The statements as COPE was being formed
show that the Mbekite section wanted to pursue the neo-
liberal agenda free from ties to COSATU and the SACP –
the militants of whom showed them the door and whom
they wanted to punish. COPE represents the right-wing
section of the black ruling class now embarrassed by their
association with the poor blacks of South Africa.
Of the 90%, it is predicted that the ANC will get around
66%. The figures are debatable but one thing is for sure, the
ANC is expected to win. Given the state of South Africa’s
poor and the still racial divide, this is not surprising. In the
ANC the masses of South Africa still express their desire for
a better life.
But here also lies another divide – it is amongst the masses
as to the way forward in struggle.Beginning in 2001, a wave
of service delivery protests began sweeping across townships
across South Africa. The poor of all colours were united in
their anger at the lack of service delivery . And they showed
it in militant protests. But this wave has now peaked. Some
have been victorious like the protests that shook Khutsong
in Gauteng for a solid two years. They demanded that their
area be re-incorporated into Gauteng from North-West
province and they won resoundingly and unconditionally.But
most have not had the success they sought to achieve. This
is reflected in the “No Vote” abstention protest that
thousands are embarking on in townships across the country.
It reflects also the frustration at the lack of service delivery
and poverty they are forced to live in. Hundreds of township
residents in Gauteng and the Western Cape staged protests
on election day and threatened to attack voting stations. There
is a tiny section that is questioning the electoral process
around delivery failures.Given this scenario, the left in South
Africa is also divided as to how to proceed. Some formed
electoral fronts – but failed to meet the half-a-million Rand
deposit required for registration. They badly misread the
firing of Mbeki and assumed the masses had written off the
ANC when Mbeki was fired. They assumed, wrongly, that
they could compete at least electorally. But they also ignored
two critical issues. Firstly the fact that they were not
organised in the rank-and-file of the poor and secondly, that
the struggle was in fact not rising. They will surely not have
success with their elitist sectarian attitudes.
Given the failures, for whatever reasons, of the social
movements over the last 8 years to achieve their goal, and
that some disillusionment exists with the movements as well,
this poses the question – what next for the fighting masses?
In theory, and in campaign speeches, the ANC represents
the aspirations of the masses. As its campaign posters
proclaim “A Better Life For All”. But in reality, the ANC
bosses represent the aspirations of the elite minority of South
Africa. Mbeki’s successor, Kgalema Monthlanthe,
represented the government at the recent G-20 meeting in
London. Jacob Zuma has given re-assurances at meetings
organised by US Investor think tanks that their investments
are safe and the neo-liberal programme is firmly on the agenda.
Clearly for the ANC bosses it must be business as usual.
These bosses have argued for the electoral process. On election
day Monthlanthe pleaded with protesters to vote.
But as Tebza Mokgope of Keep Left argues, we need to
emphasise what led to the defeat of Mbeki. He is right. It
was the service delivery protests that lit the fire under Mbeki’s
arse. Keep Left comrades further argue that we need to build
a campaign that is not ruled by votes. We need to build links
to the struggles that will inevitably explode as the
contradictions of capitalism sharpen between the politician
and the very people who look to Zuma for change.One thing
is clear. The 2009 elections will leave lots of unanswered
questions about the lingering poverty and the best way
forward for the masses. There is an abundance of apparently
Marxist analysis. But the question of a real Leninist
organisation needs to be urgently posed. The liberation of
the working class will be the act of the working class itself
and not elitist sectarians or NGOs.
Ashley Fataar
Keep Left, Cape Town
Socialist Worker 2009 2
 .......Politics of ISO........
Women`s Oppression
Everywhere you go where discussions on how people
are being oppressed, normally heated debates erupt as
to the inclusion of the term Women’s oppression. Most
people feel there is nothing special about women’s
oppression hence their oppression should be treated
equally like other form of oppression like oppression of
the disabled, youths, workers, vendors, traders etc.
We cannot obviously deny that such groups also suffer
a lot under capitalism (neoliberalism), but what makes
the oppression of women unique is its age and how
inbuilt it is into class society.
The oppression of women is the oldest form of
oppression in class society now and yesterday.
Whilst all oppression is unfair, the oppression of women
of women is the unfair of all forms of oppression.
The oppression of women is passed off as ‘normal’,
‘usual’ and ‘acceptable’. Even some women themselves
seem to accept this position as being “natural”.
Scientific evidence shows that while women’s
oppression, is the oldest form o f oppression, it is only
5000 years old. Anthropologist Richard Lee summarises
the findings of the science: “Before the rise of the state
and the entrenchment of social inequality, people lived
for millennia in small-scale kinship-based social groups,
in which the core institutions of economic life included
collective ownership of land, resources, food and equal
political relations (between the sexes)”.
In other words, people shared and helped each other.
There were no rulers, no ruled, no rich and no poor.
Women and men occupied the same status in society
with regard to decisions over all life giving and
sustaining matters.
This was society for about 95,000 years. Then
about 5,000 years ago something happened. Class
society and social inequality arose and with it, what
Karl Marx’s lifelong friend and collaborator Friedrich
Engels, refers as “the world historic defeat of the female
sex”. The status of women changed from being co-
decision makers with men into positions of being
dependent and sub-ordinate (junior). The degree of
women’s oppression varies from place to place and
society to society, but it now exists everywhere.
In places like Afghanistan, even after the invasion in
2001women were still forced to wear bhurkas (doekies)
covering their faces. In countries like America, women
have choices concerning their reproductive rights
restricted .In Zimbabwe women wearing miniskirts are
publicly degraded and attacked .The use of female
condom is also restricted due to the dependency on
men.
The place of women began to be restricted. Women
could go hunting and gathering trips with men, they
could still use a hoe (badza)-even when still pregnant.
But the use of ploughs and the herding of horses and
cattle was now restricted to men. While the plough
relieved women of the most demanding labour, it also
deprived women of the monopoly over cereal crop[s
and the social status it conferred.
Key decisions about the future of the family became
male decisions. Other changes had a similar impact.
While women could still take part in local trade and
playing some part in warfare, long distance trade and
serious soldering became monopolised by men.
IN THE PROCESS THE KINSHIP BASED SOCIAL
GROUPS BROKE UP. The individual adult woman no
longer became part of the wider network of
relationships which gave her a say of the use of
productive means and protection against arbitrary
treatment .
Instead , the woman simply became a wife – a
subordinate in strange household .She became a
possession of a man , a valued ornament of beauty , a
source of sexual pleasure and a breeder of heirs .Whilst
they would be protected from hardships and external
danger , they would be closed off from any interaction
with the outside social world –turned into housewives
.
The imprint of women’s oppression was to be found in
all ideologies and religions. Christianity teaching that
the woman was formed from the man (Adam and Eve)
yet everyone is born from a woman , Islam teaching
that a man (Mohammed )was the messenger of Allah
whilst Christianity teaches that another man ( Moses)
collected the ten commandments .Similarly Buddhism
and Judaism statues are of men while men lead
Vapositori in this region.
The oppression of women continues with class society
today with an image, universally portrayed by
neoliberalism of the family as the father being the
breadwinner with the woman at home tending the
children. Women feature in adverts for laundry
products and men for adverts for cars. Sexy images of
women are also used in advertising. The sexist cattle
parades of Miss Zimbabwe, Miss World, Miss Parade,
Miss Malaika and other modelling contests continue
to reinforce the oppressive image of women with the
ideal body shape.
Yet a global study shows that only 3% of women fir
these images. This has led to the furthering of women’s
oppression with breast reduction and enhancement and
other body changing techniques and methods.
In summary such is the oppression of women. Racism
arises only about 200 years ago with the conquest of
South America, Africa and Asia by European powers
.The oppression of women arises thousands of years
before.
As the Great Russian revolutionary , Leon Trotsky very
clearly puts it ,”We can only measure the social
advancement of any society by the practical measures
that the society takes in protecting its women and
children”
He is absolutely correct .the oppression of women is
rooted into class society therefore oppression of
women can only be ended by the destruction of class
society .
Socialist Worker 2009 3

Women and the Constitution
If one may develop an interest in taking stock of all
protests waged over bread and butter issues in
Zimbabwe over the past eight to ten years, clearly the
results reflect that in many cases women have been on
the forefront of such protests. Questions are then asked,
‘does this mean the working people of Zimbabwe have
advanced to reach turning points where mankind is
beginning to break the traditional patriarchal beliefs
separating men as superiors from women as inferiors?’
or else, “ it is the position of women in our societies
which gives them no option than to fight even if men
are reluctant?” I think it’s a combination of both but the
later carries more weight in the Zimbabwean context
.70% of women in Zimbabwe are unemployed and they
look up to their employed husbands for maintaining
their families.
Neoliberalism has forced workers to earn quite abysmal
wages far below the porverty datum line and less
enough to keep families running .In that case what men
have simply been doing is to pass over the burden to
women by surrendering the little money they get as
wages to their wives who will then bear the burden of
doing all the necessary mathematics to make it enough
for all family needs , which practically has been
impossible.
That scenario has imposed that heavy burden on women
who are forced to make possible the impossible that of
bringing daily to their tables bread .In many cases some
have ended up engaging in informal trade as a kind of
moonlighting and some have taken it into their hands
and resorted to fighting to change the current order.
That is why women have been on the forefront of every
protest action in Zimbabwe and as socialists we welcome
this development because it’s a step ahead in breaking
the patriarchal barriers imposed on workers by the ruling
classes to divide workers on gender bases .We again
strongly urge all workers to rally behind our women
comrades and seize the opportunity ushered in by the
coming constitutional reform process and demand
provisions in the constitution providing full gender
equity to achieve women’s rights including:
9 Removal of provisions on customary laws and
traditions that oppress women.
9 Right to full control of their bodies, sexuality
and reproductive organs including the right
to full, free and safe state funded abortion.
9 Recognition for social security and state rant
purposes of informal trade, home work and
subsistence work..
9 Right to equal distribution in land; gender
equity in all private and public governance
bodies.
Women are as good as men, we only differ biologically
but we eat from the same plate therefore away with all
the superstitions and let us fight together.
What we stand for
SOCIALISM
Capitalism is a system of exploitation, which generates
inequality, crisis and war. Although workers create wealth, it
is controlled and consumed by the ruling class for its own
selfish interests.
Socialism can only be build if the working class takes control
of the wealth and democratically plan its production and
distribution to meet human needs not private profits. This
will eliminate all class divisions in society.
Socialism from below
The working class is the most powerful class in the struggle
for socialism .We stand for their alliance with all other socially
oppressed classes in particular peasants and the urban poor
under the leadership of workers.
Socialism can only be attained by mass self-activity of workers
such as strikes and demonstrations.
We support trade unions as essential to the fight for workers
economic and political rights.
Revolution or reform
Reforms in capitalist society cannot end oppression and
exploitation. Capitalism must be smashed. Contrary to what
is said by middle class opposition parties, institutions like
parliament, the army, the police and the courts are not neutral
things that can simply be taken over by workers. Reformists
fight for reforms as an end in themselves, whilst we accept
reforms only in so far as they increase the confidence of the
working class in order to smash the entire capitalist system.
Internationalism
Workers in every country are exploited by capitalism so the
struggle for socialism is global .We campaign for solidarity
with workers in all countries .We are internationalists because
socialism is about spreading working class revolutions to all
countries around the world.
Opposition to oppression
Capitalism divides workers by using sexual, tribal, racial and
national distinctions .the specially oppressed groups within
the working class suffers the most under capitalism .We
oppose the oppression of women, blacks, minority tribes –
ethnic groups and gays and lesbians. We fight for real social,
economic and political equality of women including access
to safe, free abortion facilities. We call for an end to
discrimination against gays.
Revolutionary party
To achieve socialism the most militant sections of the working
class have to be organized in a mass revolutionary party .We
are currently in the early stages of building such a party
through involvement in day-to-day struggles of workers and
the oppressed.
Become a Socialist
Name
Address
And write to ISO Box 6758 Harare
Or Phone 04 704209 091908847
Socialist Worker 2009 4
Can parliament bring fundamental change
One of the biggest lies of the society we live in is that
power to change society lies in parliament. Most social
democrats and labour parties believe that if they win a
majority of seats in parliament and presidency then they
would introduce radical changes through the parliament.
In Zimbabwe the labour movement resolved to facilitate the
formation of a workers party, which believes in social
democracy. Social democrats believe that the working class
can overcome exploitation and oppression by simply electing
the correct party to parliament.
The basis, therefore, of social democratic politics is not
encouraging workers‘ self activity and revolution but winning
elections every five years or so to head government .the idea
being that by winning a majority in parliament, the state can
be taken over and used for workers interests.
Parliamentary democracy
As an institution for change, parliament is thoroughly
ineffective .In reality the democracy offered by parliament
is always extra-ordinarily restricted and limited. Firstly
parliamentary democracy offers no means by which the
electorate can control their representatives. Secondly MPs
do not in practice control government. Rather it is
government that controls MPs .To pursue power through
parliamentary democracy is , therefore to preserve a system
of affairs in which workers continue to be excluded from
effective control of their lives .
The idea that parliament equals democracy, the rule of the
people is nonsense, a complete pipe dream .Democracy in
parliamentary sense , is a shame , not just because its purpose
is to decide once after every 5 years which members of the
ruling class are to repress and crush the workers and peasants
through parliament but because of the separation between
politics and economics .
Becoming an MP is usually sufficient to cut off any aspiring
leftist from such connections as he or she may have with
workers and peasants. Becoming a minister puts you in a
different world altogether. Even the most radical labour
ministers will soon find that far from taking control of part
of the government machine, they are trapped by it.
The State
The capitalist state is not a neutral referee of conflicting
classes as social democrats think .It is often an apparatus
designed by the ruling class to preserve the existing order,
therefore it tends to oppose any government, which even
verbally, threatens the current order dominated by the rich
and bosses.
Parliament is the only elected branch of state .the daily running
of the state is done by appointed bureaucrats and senior
civil servants, who if they do not agree with the social
democratic government policy, often sabotage it by not
implementing it .The civil service , Judges , the armed forces
and the police as well as such bodies like the Reserve bank
and the media remains in the hands of people who are part
of the wealthy ruling class as the directors of big companies
and banks .
Faced with a reforming government whose policies and
principles represent a challenge to the capitalist priorities,
the state machine acting in concert with big business has
immense resources of obstruction and pressure .Should the
government resist those pressures the state can still resort
to direct force as the Chilean state did in 1973 overthrowing
an elected reformist government .
Capitalism operates as a system with logic of its own.
Economic crisis is build into its running .It is this dynamic,
not the will of the parliamentarians, which determine how
much bosses are willing to spent on wages and welfare and
how high unemployment will be. Voting for social democratic
MPs will not transform the state machinery into an obedient
servant of the popular will .the fact is that decisions as to
how many workers lives are destroyed through
retrenchments, decisions on price rises , on the number of
buses on the road , on food and rent increases and other
economic decisions are not decided by parliament .The
power of the capitalists depend on their control of the
economy –which is protected by state .Whether or not it
has been given democratic parliamentary blessings .
It is always the class that controls the economy which
controls the state .the ruling class exercises this control
directly by ensuring that senior positions in the state are
held by loyal members of its own class .It can also use its
economic power to make sure the state protects its interests.
Socialists and Social democrats.
The historical record is abundantly clear ; social democracy
serves the interests of capitalism against that of the working
people .But as revolutionary socialists we can not prove
that by mere assertions .We prove that by standing with
the best fighters for reforms. This means in our case ,
unconditionally but critically engage with the MDCon
conscientising and mobilizing workers and the suffering
masses .the great thing is to get the working class move
together as a class once that is achieved they will soon find
the correct direction through experience .In this way we
show our support to rank and file action and we encourage
comrades who share the same view that working class self
activity is the best way forward the conquest of both
political and economic power by the working class .In so
doing ISO is able to win wider periphery to its ranks ,
those willing to fight and break with the old ideas .
Revolution – Wayward
As revolutionaries we are for real democracy in which
masses have a direct control over the conditions of their
lives in a way that parliamentary democracy does not even
begin to touch . This is the only kind of democracy on
which Socialism can be built .It can only come about as a
result of struggle against dictatorship of capital , a struggle
in which the right to exploit and to rule has to be repressed
and violently if necessary .
What it means in practice is disbanding the police , sacking
the judges , breaking the bosses‘ army by winning the rank
and file over to workers and removing the bureaucratic
institutions of government .Above all it involves replacing
all old state apparatus by a new apparatus arising from
working class struggle like the Russian revolutions of 1905
and 1917 .The state can not be reformed but only has to be
smashed – there is no parliamentary road to Socialism .
Socialist Worker 2009 5
 Inside the neoliberal ..STERP
Whose good ?
For the proletariat to be able to dictate its will to the
modern society, its party must not be ashamed of being
a proletarian party and of speaking its own language of
national revanche, but the language of national
revolution – Leon Trotsky, against National
Communism: Lessons of the “Red Referendum”.
The characteristic disappointment of post-independence
Zimbabwean politics is well expressed by the recent new
phenomenon of a Government of National Unity between
the ruling party from the armed struggle ZANU (PF) and
the mass opposition born out of social discontent following
a neo-liberal onslaught engineered by the IMF and the World
Bank, the Movement for Democratic Change (MDC).
For the ordinary Zimbabwean worker, the MDC is the
fountain of hope whose mandate from the working class
and other oppressed groups is to reverse the biting effects
of neo-liberalism brought by ESAP with the blessing of the
dictatorial Mugabe and ZANU (PF).
Well I do not think that anyone who has been keenly
following the working class struggles of Zimbabwe and the
rise of the MDC still have any illusions regarding the
ideological transformation of the MDC. For greater detail
you may refer to the book, Revolutionaries, resistance
and crisis in Zimbabwe: by Munyaradzi Gwisai, which
explains in greater details of what I would term “The Great
Betrayal of the Working Class”. Even though fully
conscious of the realities of the MDC’s economic manifesto,
I was not prepared for such an explicit right –wing and neo-
liberal onslaught on the poor and the working class when
the MDC-T finance minister and renegade socialist Mr.
Tendai Biti jointly presented with President Mugabe the
Short Term Emergency Recovery Programme (STERP)
as a measure of putting the economy back on its feet after a
decade of economic siege by the international community.
The Government funded Herald flighted the printed version
of the programme together with supporting statements from
government and business. I will quote some sections of
STERP and challenge the MDC-T to declare that they are
still a party for the workers and the poor. They are surely
no longer speaking the language of the poor and the working
class. They surely do not seek to enable the proletariat to
dictate its will to the society. Below are quotations from
STERP.
NOCZIM (National Oil Company Of Zimbabwe}
406. Consistent with the new philosophy of cost recovery
by public enterprises, NOCZIM will operate viably
without any subsidies from the state.
407. Hence, as indicated in the 2009 Budget Statement,
NOCZIM will be allowed to charge market prices for
its products and recover full procurement costs on its
sales to the prescribed market, i.e. government and
farmers. -What this means comrades is that there is no
more alternative for the poor regarding public transport.
Of late the public could make do with the subsidised rates
from ZUPCO and NRZ. Other public service providers
such as local authorities and GMB will now effect market
rated transport costs in their costing of service provision.
This does not leave any illusions on the hardships to be
faced by those who earn little incomes and worse still for the
80+% unemployed.
Indigenisation and Empowerment
304.This programme will stress an empowerment
process that is associated with growth and enterprise
development as opposed to mere redistribution of
existing wealth. -This is just a confirmation that the new
Zimbabwe as illustrated by the GNU is for the benefit of the
elites. They are doing away with the communal empowerment
in favour of empowering a select few who will be able to
access loans from the private financial institutions to
enterprise.
MACRO-ECONOMIC REFORMS
Macro-Economic Stabilisation
312…there will be no quasi-fiscal expenditures and no
printing of money. -Whilst there is every reason to applaud
the end of Gono‘s casino economics and bank-rolling of
government and party officials for political expediency, the
way forward should not be scrapping off entirely the quasi-
fiscal expenditure but rather to rationalise it. If Gono was
channelling resources to the wrong people then the logical
and correct move would be to redirect the resources to the
right people and ensure monitoring implementation. A survey
in some rural areas revealed that a lot of communal farmers
got empowered under the mechanisation programme when
the received ploughs and scotch carts, which have seen a
positive development.
Local Authorities
423.Furthermore, the 2009 budget has already allowed
local authorities to review rates and fees payable by
residents to levels that strengthen local Authorities
‘revenue bases. -Already there is an outcry from hard
squeezed Harare residents against the outrageous rates for
water and utilities. So urban dwellers brace your selves for
a period of pain as those in power seek to rebuild the economy
by skinning us alive.
I will conclude by quoting Charles.E.Israel from his book
Rizpah where he sums it all up by stating that,
“……….Because there is no other source, they have
squeezed the small man: the farmer, the artisan, the
hewer of wood and the drawer of water. They have
demanded blood from his veins, the marrow of his bones.
For such demands there must be periodic compensation
which is but a semblance of relief to those who are too
hard pressed by authority and poverty’’.
Comrades the current constitutional question demands that
we interrogate STERP and demand what is rightfully ours.
They will indeed offer constitutional provisions, which are
nothing, but a semblance of relief to those who are too hard
pressed by the system. Lets reject the Kariba draft, which is
the mother of policies such as STERP and lets demand to
pen our own constitution, which removes the yoke of
oppression from our shoulders. Abasha Neo-liberalism!!!.
Tatenda Simukai
Socialist Worker 2009 6
 NO TO A BOURGEOIS CONSTITUTION- FIGHT FOR BASIC SOCIO-
ECONOMIC RIGHTS
By Edzai Edson Matika
There are a few people today who think that the market
alone can solve the question of structural inequality
nor there are many who believe that the state alone on
its own provides the answer. Clearly there has to be an
active, vibrant, flexible and intelligent relationship
between the public and private sectors. The question
that needs an answer is whether the constitution has
any crucial role to play in requiring, regulating and
even preventing redistribution of wealth and resources.
The constitution of any country is generally
considered to be its supreme law. The inclusion of a
chapter or bill of rights in a constitution is particularly
relevant for human rights protection. This can be
evidenced by the progress that is being realised in the
field of civil and political rights that have received
extensive protection constitutionally. The constitution
may confer on certain courts the power to declare
invalid any legislation or act that is inconsistent with
the constitutionally guaranteed rights in the Bill of
Rights. The constitutional entrenchment of a set of
justiciable human rights usually represents the highest-
ranking norms within the domestic legal order.
Extensive power is vested in the courts to enforce
human rights under the system of constitutional
supremacy combined with judicial review.
Many witty, strong and totally respectable arguments
for saying that the question of social and economic
rights does not belong to the constitution at all have
emerged. The supporters of such a view hold that a
constitution should only establish the “fundamental
rights and freedoms to the extent that the question of
socio-economic rights can be thrown away and policies
adopted in conditions of freedom. Why exclude socio-
economic rights from the supreme law? It is beyond
doubt the idea of the exclusion of socio-economic
rights from the bill of rights in many constitutions is
the brainchild of the few bourgeoisies in power.
Human rights are claims or entitlements that one has
simply because he/she is a human being. To call them
human rights suggest that they are universal and due
to every human being in every society. They know no
geography or history, culture or ideology, political or
economic system or state of development. They do
not depend on race or class or status. With this
definition it is clear that socio-economic rights are also
human rights. They also demand for adequate
constitutional protection. Some authorities have
defined socio-economic rights as “Red Rights”
because of their close links with the socialist systems.
Other scholars have gone to the extent of calling them
the rights of the poor. Be that as it may, socio-economic
right still remain human rights since poor people still
remain human beings even in the deep ends of their
poverty. There is of course the element of truth in the
idea that socio-economic rights are the rights of the
poor. Take for example the right to access to clean
water. It is absolutely difficult if not impossible for
someone who, seeking a glass of water, only needs to
turn on a tap at his private borehole, to see how a
question of access to clean water can be rated as a
fundamental human right yet in the cholera stricken
Budiriro and other parts of the country the right that
is being demanded the most is the right to drinkable,
healthy and accessible water.
It is easy for a camel to enter through the eye of a
needle than for one to convince a multi US dollar
millionaire residing in a multi-roomed house in
Borrowdale Brooke that housing is a fundamental
human right that needs some constitutional guarantee.
How can one who, when in need of a single lunch has
to visit his pocket and move into one of the most
luxurious and expensive five star hotels and have a
meal agree with others in demanding the right to food
as a fundamental human right. The bourgeoisies
believe in their wallets yet the poor believe in a written
document known as the constitution for the protection
of their socio-economic rights. There is a great
difference in what the few rich people call
fundamentals and what the majority believe to be the
fundamentals. Then if we allow such few to write a
constitution for us, what good can come out of it?
A typical bourgeois constitution is marked by the
exclusion of socio-economic rights and the extensive
emphasis on the first generation of rights i.e. civil and
political rights. Reference may be given to the Kariba
Draft Constitution, the Chidyausiku Draft Constitution
rejected in the 2000 referendum. One must understand
that the top -down approach in the constitutional
making process is the idea of the electorate, the elite
and the parliamentarians to escape accountability and
to protect their own interests. A constitution must
emanate from below. In other words it must be made
by the people and for the people. It must be a bottom-
up approach. The constitution of the rich is only about
power and the accumulation of property. Have one
wondered why there is only one right which falls in
the category of socio-economic rights which is
extensively dealt with in the constitution particularly
the Lancaster House Constitution and even the Kariba
Draft Constitution?
One must understand that the mandate of making the
constitution is not for the electorate no matter how
much we love them. To say no to such a constitution
does not begin and end at the referendum. It begins
Socialist Worker 2009 7
with saying no to the initial process of the constitutional
making process itself. What type of a constitution can
come out of process dominated only by the politicians?
In any event most constitutions, reflecting the trend in
international human rights law do contain clauses
dealing with social and economic rights; one refers to
the post-dictatorship constitution pf Portugal, Brazil
and the Philippines the post colonial constitution of
Namibia and the post -communist Bill of Rights of
Czechoslovakia. The general assumption that civil and
political rights are more superior to social and economic
rights must not be over emphasized since all human
rights are universal, indivisible and interdependent.
Some of the basic socio-economic rights that must be
demanded by the ordinary citizens are as follows:
The right to food
This right can be narrowly defined as freedom from
hunger and starvation. The right to adequate food
means that every man, woman and child alone and in
the community with others must have physical and
economic access at all times to adequate food using a
resource base appropriate for its procurement in ways
that are consistent with human dignity. This simply
means availability of food in quantity and quality, which
is sufficient to satisfy the dietary needs of an individual.
The right to health
It is well defined in the World Health Organisation
constitution as a state of complete physical, mental
and social well being and not merely the absence of
disease or infirmity. The scope of this right therefore
entails two elements the first element being that which
is related to health care (including curative as well as
preventative health care). The second element is that
which is related to a number of underlying
preconditions to health such as safe drinking water,
adequate nutrition and adequate sanitation.
The right to housing i.e. decent shelter
The right entails that every human being is entitled to
a decent shelter fit for human habitation and safe for
the health and well being of himself and his family. It
means that every person has the right to adequate,
safe and comfortable, hygienic housing with
appropriate essential basic services, including a habitat
such as to humanise family, neighbourhood and
community relations.
The right to education
Education must be both economically and physically
accessible to all. The International coven at on
economic, social and cultural rights states that with a
view of realisation of this right, primary education shall
be compulsory and available free to all, secondary
education shall be generally available and accessible
to all by every appropriate means and that higher
education shall be made equally accessible to all on
basic capacity … (articles 13&14).
Some of the fundamental socio-economic rights
include the right to social security, the right to human
rights education, the right to development, right to
and adequate standard of living environmental rights
labour rights among other fundamental socio-
economic rights.
In South Africa there is no possibility at all that will be
done, that the constitution will concentrate purely on
basic liberties and be totally bland on issues of
economic rights. In any event the first thing to be
discussed even before any other rights and liberties is
property rights. Once the economic rights of those who
are property-full are on the agenda the economic rights
of those who are property-less cannot be ignore
especially if the haves have because of past
discrimination in their favour and the have-nots have
not because they have been unjustly denied access or
opportunity or even robbed (e.g. on the land issue).
This South African experience is not done by just
sleeping over and watching. It takes the vibrant
participation of the ordinary citizens. There is need for
solidarity among all stakeholders so that they may
stand up and speak with one voice against the
exclusion of their basic rights from the supreme law of
the land. Various constitution worlds over start with a
preamble –”We the people of….”, or “the People
of….”etc. Who are the people? The people are not the
few electorate or a few influential people. A constitution
must be people driven. . The people have to speak for
themselves. Resist any constitutional making process
that is not people driven.
The whole nation must stand up, speak out and write
the constitution they want. The fight is for everyone.
Get involved in the making of the constitution make
your voice to be heard. Say no to a defective process
say no to a defective bill of rights.
Squanderers !!
The governemnt recently purchased a
fleet of expensive luxury cars for Ministers
yet our entire social service delivery system
is continualy collapsing
Our education system is in turmoil, as
colleges,universities and high schools
are being turned into cooperates for
making profits .
We demand an end to this and all
unreasonable fees should be scrapped
Teachers and lecturers deserve living
salaries.
Socialist Worker 2009 8
Medical workers rejuvenate your
union
The Medical Professional and Allied Workers Union
had again faced near collapse after many of its leading
members and left the country for greener pastures. Such
exodus of militant union members did not only affect
MPAWUZ but affected the entire trade union movement
in Zimbabwe as the economic meltdown had climaxed.
Many seasoned trade unionists left the country to
neighbouring countries and some simply relocated to
their rural homes as life in urban areas had became
hard.
Unions with strong rank and file following found less
problems in adjusting in scenarios were leadership left
for other greener pastures, they simply took some rank
and file leaders to leadership positions. This was unlike
the case of MPAWUZ, which was still to develop its
membership. After its leaders had left there was none
to take over. Bosses took advantage and started
attacking workers through arbitrary sackings, offered
very low wages which are disproportionate depending
on how generous ones boss is since there is no
bargaining at all. Some workers at PSMI West End
Hospital went for about six months without pay and
now the bosses are planning to unlawfully push more
than thirty workers on unpaid leave for a period of six
months.
The solution to all this messy in the industry does not
lie in getting good labour lawyers or arbitrators to
soothe the bosses rather the solution is workers self
activity. Workers need to be organised in their own
trade union to fight the attacks unleashed by bosses,
bosses themselves are organised in their own
employer’s organisations.
Steps taken so far by some workers to resuscitate work
done by those who left the union is praiseworthy .So
far workers from West End and Avenues clinic have
managed to convene a meeting with members of the
union where they selected a steering committee led by
cde Chirenje and cde Sibanda from West End clinic and
Avenues clinic respectively. Others fro other clinic and
hospitals need now to come an board and work with
the committee to urgently call for a big general meeting
where possibly a tentative leadership may be selected
so that we start engaging employers as union to work
towards establishing a national Employment council.
This is not difficulty because the previous leadership
had already started the process its only taking
over from where they left .
Shinga Mushandi !!! Shinga !!
a right to rest, leisure and reasonable limitation of
working hours and periodic holidays with pay as well
as remuneration for public holidays. The remuneration
should be fair to cater for a decent living for him and
family.
7.Right to strike
A collective withdrawal of labour to make workers
grievances heard by the employer. Every one has the
right to strike, provided that is exercised in conformity
with the laws of the particular country. A worker
cannot go on strike alone. But, national laws must
not be structured so as to limit the enjoyment of this
right. The interests of workers must be heard.
8.Right to protection from unfair
dismissal
In every dismissal, valid reasons must be given. The
worker who is being dismissed must be given the
opportunity to be heard. Short-term workers must be
protected from such unfair dismissals. All dismissals
must be substantially and procedurally valid, with
reasons given for the dismissal related to the conduct
of the employee or for the operational requirements
of the business. An employer unfairly dismissed must
be reinstated unless the employee no longer wishes
for such.
9.Right to special measures for
women to equally and fully
participate in the workplace
To include condemnation of discrimination against
women in all its forms. All legislation which promotes
discrimination against women are inconsistent with
this right is must be abolished. There must be
elimination of discrimination against women, amongst
the areas are, choice of employment, employment
opportunities, promotion, benefits and conditions of
employment including remuneration.
All these rights are workers rights listed by
workers who attended the labour cluster meeting at
the 2008 Constitutional Conference hosted by the
Zimbabwe Labour Centre
Shinga mushandi shinga!
Socialist Worker 2009 9
 Socialist Worker
Nothing for Workers Without Them
Workers demand .....
1.Right to work
This was unanimously agreed to be the first because
all other labour rights are hinged on this right. For a
worker to talk of a right to a fair wage, there should
be first a contract of employment between the employer
and the employee (worker). The work could be formal
or informal, for example teachers and cross border
traders. All these are entitled to employment.
It is important to value it first because work is
exchanged for value. Therefore to have the right
constitutionally protected and to ensure its
enforcement mechanism is strong. Article 23(1‘) of
the Universal Declaration of Human Rights states
that everyone has the right to work, to free choice of
employment, to just and favourable conditions of work
and to protection against unemployment.
2.Right to just and favourable
remuneration.
After entering in the contract of employment, then the
question of remuneration comes into play. The
remuneration must be just and favourable to cater for
human dignity and existence worth livelihood. This is
to ensure that the worker would be able to sustain
himself and his family. Remuneration adequate for
health, food, clothing, housing and medical care and
necessary social services and the right to security in
the event of unemployment, sickness, disability,
widowhood, old age or other lack of livelihood in circum
stances beyond his control
3.right to form and join a trade union
There is no equal bargaining power between the worker
and the employer at the workplace. The worker have
got a strong muscle to shield the contract to his
interests only and reduce the worker to a mere servant
whose duty is to subordinate to his master only. So in
times of disputes between the two, a representative of
the worker is needed who can push for negotiations
and settlements. Hence workers have got the right to
form and join a trade union for the protection of labour
rights. Trade unions like the Zimbabwe Teachers
issue No 3 2006 Socialist Worker P 6
Association, the National Union for Clothing Industry,
the Zimbabwe Farmers Union and many others are
examples of trade unions formed to represent the
workers of a particular industry whenever disputes
arose. However workers are flooding to join or form
trade unions but without basic knowledge as to how
their rights are protected even outside trade unionism.
4.Right to equal pay for equal work
To ensure unity at the workplace, this is necessary
because discrimination will be avoided. Work of equal
value must be paid equally, for example headmaster/
stress to be equally paid. The issue of gender must
not govern what comes on the pay roll. The right must
encompass equal remuneration, including benefits and
to equal treatment in respect of work of equal value, as
well as equality of treatment in the evaluation of the
quality of work.
This will ensure efficiency and progress at the
workplace. The spirit of subordination will be esteemed.
5.Right to protection from
discrimination
There must be no partiality at the workplace. To sideline
a worker on the basis of race, colour, sex, language or
any other status is discriminatory. If a person is
discriminated on any ground, then his right to work
and any other subsequent rights are not realised.
However, temporary measures, in some instances may
be taken and these are not to be read as discriminatory,
for example those aimed at protecting maternity.
6.Right to just and favourable
working conditions including
protection against employment.
A worker cannot provide his services where his health
and safety will be at stake, or where there is no
guarantee for social security in the event of
retrenchment and/or dismissal. This right enjoin issues
of fair labour standards. There must be an opportunity
for every worker to be promoted in his......to page
employment to an appropriate higher level subject to
seniority and competence. In addition to this, there is