Category Archives: Governance

#CSW58- MDG 8: Developing Global Partnership for Development


As the era of the MDGs draws to a close-(2000-2015) – one of the things that need paying attention to is; why did we fail to achieve the milestones? Why did Zimbabwe fall short on so many of the indicators? Central to these questions, is the issue of resources. This is because no policy, however brilliant, cannot be successfully implemented without the required financial and human resources. These resources can be attained where there is a clear fundraising strategy. Usually states fundraise through sustained economic growth in areas such as taxation, trade and consequently decreasing debt.

Zimbabwe has seen a steady growth of its GDP since 2009 recovering from the terrible 2007-2009 period of economic decline. However this growth has not translated into increased income in the home. External debt remains high, pegged at 113 % of the GDP. Overall availability of vital medicines has increased although there is low production of drugs, with CAPS-the leading pharmaceutical company- almost shutting down.  There is general improvement in access to cellular networks and internet with about 20% coverage. 65 in every 1000 people have access to a laptop. However the uptake of ICT’s remains largely centralised to the young and urban population. The lack of ICT legislation continues to hamper access.

What have we done well?

  • The Economic Recovery Programme implemented by former Finance Minister, Tendai Biti, emphasised economic and governance reforms which brought stability and recovery to the economy
  • Overall availability of vital medicines has remained stable because of the local production of drugs, enough to actually export some of the drugs.
  • Our creation and use of technology continues to improve; both mobile penetration and internet usage have significantly increased.
  • We are linked to both the Seacom and the EASSy undersea fibre optic cables, developments that have significantly improved our country’s internet connectivity.

What have we not done well?

  • We have no industry to talk of. Our manufacturing sector is still underproductive because of the many challenges it faces such as electricity load shedding and the liquidity crunch.
  • Domestic policy such as indigenisation and land reform, whose implementation is unclear continue to pose a threat to investment resulting in low foreign direct investment
  • Our proud and arrogant stance in our engagement with the international community continues to alienate possible allies in spearheading economic recovery.
  • The health sector still relies heavily on foreign funding, with our main donors being the Unites States, the European Commission, the United Kingdom and Australia. Our own government has not dedicated enough money to fund our health system.
  • We have not taken full advantage of our membership to regional integration initiatives such as COMESA, SADC and EU-ACP; for instance, we have not utilised the fact that SADC is a Free Trade Area which represents a large market to our goods and produce.
  • Although we are producing and exporting vital medicines, they are still expensive for the average person on the ground; as there is a leaning towards protecting the interests of the pharmaceuticals above those of the patients who are just ordinary citizens
  • We do not have an ICT policy to regulate the ICT industry resulting in stunted growth in that area.

What more can we do?

  • We need to re-engage the international community understanding that we live in a global village where we need allies and partners. Re-engagement should not mean begging, we do not need donations- we need good trade relations in which we bargain for the true value of our goods, both processed and raw.
  • We need an ICT policy to cater to the needs of a constantly changing technology landscape
  • We must learn lessons from the region. Rwanda is a good example, especially where the health system is concerned. In just 19 years Rwanda;
    •  increased its life expectancy from 28 years to 56 years;
    • decreased the size of its population living below the poverty line from 77.8% to 44.9%;
    • decreased child deaths from 18% to 6%;
    • increased the size of the population with health insurance from almost 0% to 90.6%;
    • maternal mortality dropped by 60%;
    • HIV,TB and Malaria deaths decreased by close to 80%;
    • The poorest pay nothing to access health care.

We have so much potential as a nation. We do not need aid! We have enough resources. If we deal with corruption, work to redistribute our resources equitably ad ensure that everyone, and not just the big fat-fatty cats continue to benefit, the challenge of failing to implement the MDG’s will cease to exist and be another old archive in the history books.


Part 2-One Good Road


So as the BUS DROVE ON, we all gulped the dust, bore the bumpy road with gritted teeth and wished the driver could slow down just a little bit. He could not have cared less that the once-tarred-road was now more of a gravel road. He was out to make money and make it fast. It being a holiday, (Christmas and the New Year), business was good and he needed to drive as fast as possible, dump us at our destinations and go back for another load.

I thought to myself; all it will take is one good road. One good road that links the farmers to the market to sell their produce. One good road that allows the citizens to have access to a reliable transport network. One good road that allows businesses to transport their goods to the farming communities and limit the time farmers spend travelling to get basic goods. One good road that enables the citizens to have quick and easy access to hospitals. I recalled the stories told of the women dying of complications in childbirth, and the many other people who died on their way to the hospital.

The area I am concerned with today is among the highest cotton producing areas in Zimbabwe. The road is frequented by large haulage trucks transporting farming produce, linking the farmers to the market. That road is so terrible, however, that I had to park my car in Kadoma and use public transport. Many transport operators are unwilling to tour the route arguing that the road will damage their vehicles, causing them to incur more expenses in repairs hence making their businesses unprofitable. The value of a good road both for human development and economic development cannot be overstated and as the African Development Bank always emphasises, good roads facilitate the movement of goods and people from remote areas to the main economic and social structure of the country.  The availability of a good road network, increases traffic flows and hence decreases the economic costs of transporting goods to and from markets. The same roads facilitate access to health, education and information.

The road stretches for only 140 kilometres connecting Kadoma, Patchway, Chakari, Golden Valley, Sanyati, Copper-Queen and Gokwe.Five ( 5 ) different MPs represent the people who need this road to work; Kadoma Central MP -Fani Phanuel Phiri of ZANU (PF), Chakari MP-Aldrin Musiiwa of ZANU (PF), Sanyati MP-Blessed Runesu of ZANU (PF), Gokwe Nembudziya  MP-Mayor Wadyajena of ZANU (PF) and Gokwe Mapfungautsi MP-Mirriam Makweya of ZANU (PF).

Surely if these 4 men and 1 woman are true representatives of their constituencies, the issue of this road shall be a priority on their 5 year mandate as the issue of jackals/hyenas in Buhera is to Comrade Chinotimba. Yes, the rural district councils in some of these areas are tasked with the responsibility to construct and maintain the roads but central government, which the MPs have direct access to and are part of, is bound by national policy to provide resources through the national fiscus, to ensure that the local authorities perform their responsibilities as provided for in the Local Government Act.

I will certainly be watching them. After all, it’s only one good road.


An ode to a great man: Celebrating Mandela


A bright light has been dimmed in Africa, our motherland. No it hasn’t been switched off, for the legacy of this great nation-builder remains with us. We mourn, we remember but above all we celebrate a life well lived, fighting for peace, dignity and freedom for the down-trodden.  Individuals like Nelson Mandela are not mourned, they are celebrated for he inspired change wherever he went and the millions of condolence messages pouring in are a testimony of the depth of character of this great leader.

Picture Credit-Everett (fineartamerica.com)

Picture Credit-Everett (fineartamerica.com)

He led a selfless life, sacrificed his youth to the advancement of human dignity and the freedom of his nation and people. His courage of conviction led him through the 27 years of incarceration, as he envisioned a free South Africa in which black and white co-existed peacefully. His release signified the beginning of freedom and unity as he sought progress for his country through reconciliation. He inspired many with his integrity and compassion, including myself, and we shall continue to pursue the ideals that he preached and lived.


My love letter to the Zimbabwean Judiciary


Dearest esteemed colleagues, honourable members of ‘THE’ noble profession, Judges of our revered Courts, I write this intimate missive to you -one lawyer to another. You have an onerous task; TO CHANGE SOCIETY FOR THE BETTER. In fulfilling that role you also face the challenge of trying to balance the interests of two of the most difficult and at times irrational groupings in our society, politicians and the citizenry.

I ask you not to favour either one of them [politicians or citizenry]; but please favour justice.

My lordships and ladyships; 120 years ago, on 9 February 1893, an American lawyer, politician and statesman who was also a Democrat presidential nominee 3 times-William Jennings Bryan said something profound, that I believe many of you-being widely read-have come across. He said, “Next to the Ministry [preaching the word of God], I know of no more noble profession than the law. The object aimed at is justice, equal and exact, and if it does not reach that end at once it is because the stream is diverted by selfishness or checked by ignorance. Its principles ennoble [lend greater dignity or nobility of character] and its practice elevates.”

Sirs and madames; the wisdom in this statement remains relevant today as it was then. For what are we as lawyers, if we do not seek to see justice delivered? Can we call ourselves agents of change and justice if our work is driven by self-gain and selfishness? Do we retain our dignity and the dignity of our profession when we display blatant bias, towards things that trash justice and all its principles?

I ask you not to favour either one of them [politicians or citizenry]; but please favour justice.

Monsieur/madame le juge, my requests are few and simple:-

Make decisions on merit not on political bias

Have a quiet dignified presence.

If the system is rotten, be the maverick within-not just any maverick but one for justice; independent, impartial, accountable. As Martin Luther King Jnr said “The arc of the moral universe is long, but it bends toward justice.” You are entrusted with ensuring that the arc bends towards what is right, fair and true-please do not throw that trust to the dogs.

I ask you not to favour either one of them [politicians or citizenry]; but please favour justice.

My Lord and Ladies, I know you need to eat, but if you must eat won’t you have hard-earned and honestly attained worms than ill-begotten pudding? I assure you, for eating the worms-history will judge you kindly for your sacrifice. Don’t you think that your integrity and leaving behind a legacy of fairness and balance is much more honourable than serving your immediate needs?

I ask you not to favour either one of them [politicians or citizenry]; but please favour justice.

Lordships and Ladyships, a wise someone once said “ The judge who gives the right judgement while appearing not to do so will be thrice blessed in heaven, while on earth will not be so.” Is this something that you might want to guide you in making your decisions?

I ask you not to favour either one of them [politicians or citizenry]; but please favour justice.

Resepectfully, I know you are human beings before you are judges.  I know you experience fear; fear of losing your jobs, fear of reprisals, fear of the unknown.  Do not let fear expropriate your dignity. Rather as Thomas Pain so aptly put it, there is character in strength and choosing to do what is right, above what is convenient. He said, “I love the man that can smile in trouble,  that can gather strength from distress, and grow brave by reflection. Tis the business of little minds to shrink, but he whose heart is firm, and whose conscience approves his conduct, will pursue his principles unto death.“

I ask you not to favour either one of them [politicians or citizenry]; but please favour justice.

Humbly, when I ask you for impartiality, I am NOT saying do not come to the Bench with any ideas. The truth and reality of it is that you already have them; for or against women, gays, lesbians, prisoners, rapists, murderers, politics, political parties, ideologies and struggles. So bring your ideas to the Bench, but do not let these cloud your judgement in delivering justice. If anything, acknowledge you have these ideas in your head already but challenge them or affirm them with thorough, well-reasoned, value-based, critical thinking entrenched in the two principles of fairness and justice.

I ask you not to favour either one of them [politicians or citizenry]; but please favour justice.

Your honour, it begins with you to serve justice and yes, your contribution as an individual even if no one else will back you, does matter. Ask Justice Koome of Kenya how she did it. She had a one (wo)man show, where she observed the right and freedom of all individuals from unlawful detention. And so she cleared all cases in the courts of individuals who had been arrested for “insulting the President.” Guess what, even after making these “unwelcome” decisions, which possibly could have lost her a job and income, she remains a judge today.

I ask you not to favour either one of them [politicians or citizenry]; but please favour justice.

Honourable judges, I believe you know the law is an unfinished publication, you continue reading as each chapter unfolds right in front of you. I have come across these words and would like you to hear them too. They were spoken by Professor John Dugard, a South African scholar of great repute in his criticism of South African judges under apartheid South Africa. He said “The judge is not a mere automaton who declares the law…he has a wide range of options open to him in fact-finding, in the interpretation of statutes, in the review of administrative action, in the application of precedent and in the selection of Roman-Dutch authority; and. . . in choosing between conflicting and contradictory principles of statutory interpretation, precedent and Roman-Dutch authority, the judge may legitimately select those principles, precedents or authorities from our liberal Roman Dutch heritage which best advance equality and liberty.” So think, think and think again before you hand down your decision. Think in favour of equality and liberty. Think in favour of fairness and justice.

 I ask you not to favour either one of them [politicians or citizenry]; but please favour justice.

My Lords and Ladies, do not be afraid of labelling, if you are doing a good job, your record will speak for itself. As Justice Yvonne Mogkoro, former Judge of the South African Constitutional Court once said, “The role of a judge is not to be popular but to deliver justice, undiluted, unpolluted.” Your maturity comes with fearlessness and boldness. Do not cower from justice-deliver justice.

I ask you not to favour either one of them [politicians or citizenry]; but please favour justice.

Oh my Lordships and Ladyships, humbly I urge, be careful in your speech, your utterances, your verdicts and your reasoning. You will be charged for it-maybe not in one of your courts of law-but in our collective memory as a nation. Jackie Assimwe, a friend and human rights defender from Uganda once said, “Once a judiciary is compromised, then the justice it delivers is tainted.” Do not let us doubt the efficacy of your footprints. Rather, regenerate in our minds the integrity and wisdom of the Bench.

I ask you not to favour either one of them [politicians or citizenry]; but please favour justice.

In humility and gratitude, I salute those of you who were suspended for rightly releasing, wrongfully arrested and detained fellow lawyers and human rights defenders.

I salute those of you who defend the rights of the defenceless, in particular prisoners as you ensure their right to fair trial and dignified existence while incarcerated.

I salute those of you who uphold fundamental freedoms, of speech, expression, association, assembly and of the press.

I salute those of you who recognise that divergent views within any society are patriotic as they foster constructive discourse.

I salute those of you who refuse to be “cadrerised”-after all your greatest strength lies in independent thought and expression.

May I invite you all to make these wise words by Mahatma Ghandi your daily mantra in executing your noble duty:

“Let the first act of every morning be to make the following resolve for the day:

I shall not fear anyone on Earth.

I shall fear only God.

I shall not bear ill will toward anyone.

I shall not submit to injustice from anyone.

I shall conquer untruth by truth.

And in resisting untruth, I shall put up with all suffering.”

My final humble request: I ask you not to favour me or either one of them [politicians or citizenry]; but please favour justice.


Stepping with grace over stony ground


A deep silence has settled
no jubilant cheering crowds
no smiled greetings from vendors at traffic lights/on the streets/in the shops

just a stunned disbelieving quietness
just deep, tired lines etched on the kind , caring faces around me

today……..

and we turn into tomorrow
knowing that we are still here
just where we are meant to be
that ours is not to choose to turn and face the wall
but to keep stepping with grace
over stony ground

that we are here with deep learning
each with a different calling
but with the knowing that our greatest work
is to bring peace
into our families and communities and children

is to stay connected to what is real and beautiful
the happy voice of the young boy named Perfect playing next door
and the wide eyed welcoming smile of my grandson

to keep stepping with grace
over stony ground

**This poem was written by Bev Reeler a Zimbabwean citizen, mom and grandma.**


The Harassment of Justice: A tale of a tale


A couple of months ago, I published “The Story of Beatrice Mtetwa-A Red Herring’ in which I posed a number of theories pertaining to Beatrice’s arrest. One of them was that Beatrice’s arrest was an intimidation tactic by state agents of all citizens who would wish to take the same stand as Beatrice; i.e. the stand to fight against any injustice visited upon individuals who are fighting for human rights and fundamental freedoms of citizens. I emphasised that Beatrice’s persecution and vilification was meant as an example calculated to ensure that sufficient fear was planted in all of us so that whoever doesn’t toe the correct political line, will face the full wrath of those in power, under the guise of the law.

This theory seems the most relevant given the continued onslaught that the state has launched against Beatrice. This blog however seeks not to over-analyse the reasons behind the onslaught but rather to give an update of how this case has proceeded.

  •  17 March: Beatrice Mtetwa was arrested in Avondale. On arrest she was charged with obstructing or defeating the course of justice in contravention of Section 184 (1) (g) of the Criminal Law (Codification and Reform) Act.
  • 18 March: at exactly 0151 a.m.  High Court Judge Charles Hungwe, from his home, ordered Beatrice’s immediate release. He argued that there was no basis for her continued detention since the allegations laid against Beatrice did not reveal a criminal offence.
  • 18 March: around 0230 a.m. Beatrice’s lawyers served Justice Hungwe’s order on officers at Rhodesville police station. The police officers refused to release Beatrice.
  • 18 March: Beatrice’s lawyers lodged an application in the High Court stating that the refusal by the police to enforce Justice Hungwe’s order was in contempt of court.
  • 18 March: Beatrice was told that she would appear in court on 19 March and based on this information her lawyers withdrew their application.
  • 18 March: Justice Hlatshwayo dealt with the withdrawn application and dismissed it with no reasons given.
  • 19 March: Beatrice appeared before Magistrate, Marehwanazvo Gofa, at Rotten Row Magistrates Court represented by Advocate Thabani Mpofu to determine her remand conditions. Advocate Mpofu argued that this hearing should not have been done in the Magistrates Court since an order of the High Court a more superior court had already granted Beatrice’s release.
  • 19 March: Advocate Mpofu argued that Beatrice had not been treated well in police custody because in the dead of the night, on 18 March two male police officers entered Beatrice’s detention cell at Rhodesville Police Station and attempted to uncover her from her blankets. Beatrice feared that she might be raped.  Further, she had not been allowed to bath since her arrest.
  • 19 March: the Magistrate ruled that the case was rightly before the Magistrates Court because the issue of her placement on remand was separate from the issue of her detention in police custody.
  • 19 March: Beatrice’s lawyers proceeded to request that she be remanded out of custody and gave reasons why she should be granted bail including that she is a highly reputable and established lawyer, with no criminal record.
  • 19 March: the Prosecution requested an adjournment to respond to Beatrice’s lawyers’ argument and the Magistrate adjourned the case to 20 March 2013.
  • 20 March: the State argued that Beatrice should not be granted bail because the charges she was facing were very serious, that she would likely abscond because she had a foreign passport, or that she would interfere with investigations if released and that her release would set a dangerous precedent. “Anarchy would prevail”, they argued.
  • 20 March: Magistrate Gofa bought into the prosecutor’s argument and dismissed Beatrice’s bail application and remanded her in custody to 3 April.
  • 21 March: Beatrice’s lawyers appealed this decision in High Court.
  • 22 March: Justice Joseph Musakwa heard the appeal.
  • 22 March: State requested adjournment of the appeal to ‘allow time to submit their response.’ Justice Musakwa agreed to the adjournment and set down the appeal hearing for 25 March.
  • 25 March: Justice Musakwa granted Beatrice $500 bail setting aside the Magistrate’s on the basis that Beatrice’s reputation was too great to be ignored and that the police had not shown how much of the investigation was left to be “interfered with.”
  • 3 April: Beatrice appeared before Donald Ndirowei for a routine remand hearing. Magistrate Ndirowei postponed the matter to 8 April to allow the State to determine a trial date and her lawyers to challenge her being remanded.
  • 5 April: the prosecution served Beatrice with papers setting out their case against her.  The prosecutors added fresh allegations against Beatrice.  The fresh allegations stated that on top of saying “Stop whatever you are doing, it’s unconstitutional, illegal and undemocratic,” as was the case in the initial charge, Beatrice had also said “You confused cockroaches”  “Murimbwa dzaMugabe” i.e. “You are Mugabe’s dogs” and that she had conducted herself in an ‘indecent’ manner when she threatened to relieve herself in a public place.The case named nine witnesses set to testify. These were:
  • Chief Superintendent-Luckson Mukazhi
  • Detective Assistant Inspector-Wilfred Chibage
  • Detective Constable-Ngatirwe Mamizi
  • Detective Sergeant-Taizivei Tembo
  • Assistant Inspector-Thabani Nkomo
  • Chido Chawanikwa-a police officer
  • Stembiwe Vera-a caretaker at Prime Minister Morgan Tsvangirai’s research and development office
  • Brian Mutusva-a computer technician in the Prime Minister’s Office and
  • Zororai Mudariki-a driver.
  • 8 April: Beatrice appeared in the magistrates’ court. The state’s case was led by Tawanda Zvekare, Acting Director of Public Prosecutions in the Attorney General’s Office, assisted by Michael Mugabe, a chief law officer.
  • 8 April: Beatrice was remanded on bail and the case was adjourned to 27 May when the trial was expected to begin.
  • 27 May: Beatrice’s case was set to start at Rotten Row Magistrates Court presided over by Magistrate Tendai Mahwe. The trial failed to start on time because Tawanda Zvekare, the Acting Director of Public Prosecutions in the Attorney General’s Office and Michael Mugabe, the chief law officer who were leading the prosecution did not arrive at the court on time. The trial was also delayed because the designated courtroom did not have the necessary equipment to record the proceedings. Then when eventually a courtroom with equipment was found, power went off.
  • 27 May: Magistrate Tendai Mahwe postponed Beatrice’ trial to 8 June 2013.
  • 8 June: Magistrate Tendai Mahwe recused himself from presiding over Beatrice’s trial after she had filed an application for such recusal stating that Magistrate Mahwe had already heard the testimony that her witness would give in another case.
  • 10 June: Beatrice’s trial kicked off at Rotten Row Magistrates Court presided over by Magistrate Rumbidzai Mugwagwa. She was represented by her lawyer, Harrison Nkomo. Beatrice pleaded not guilty to charges of defeating or obstructing the course of justice.
  • 10 June: Magistrate Rumbidzai Mugwagwa postponed Beatrice’s trial to Saturday 15 June 2013 to allow her lawyer to attend to some other matters in the High Court.
  • Meanwhile the trial continues with hearings held each Saturday and we wait to hear what the final verdict will be.

Anomalies with this case

  • Arrest of a legal practitioner while conducting her duties;
  • Contempt of court by police officers ignoring a High Court order;
  • Retrial by the Magistrates Court of an issue that had already been decided by a higher court;
  • Harassment of a High Court Judge for ordering the release of an upright human rights defender;
  • Display of political intolerance and disregard for constitutional and legal guarantees of freedom and rights of citizens.

**** If convicted, Beatrice stands to serve a maximum penalty of either a fine of $400 or 2 years’ imprisonment, or both fine and imprisonment. ****

 Acknowledgement goes to Zimbabwe Lawyers for Human Rights, Sokwanele, Veritas, Kubatana and a few other independent sources of information for the information resources used to compile this update.


Reflections on the SADC Summit


A couple of nights ago, I attended an event hosted by the Southern Africa Political Economy Series (SAPES) Trust. The discussion brought together three panellists; Ambassador Chris Mutsvangwa of ZANU PF, Honourable Priscilla Misihairambwi Mushonga of MDC and Honourable Jameson Timba of the MDC-T. Dr Ibbo Mandaza facilitated the discussion in which the panellists gave their personal reflections on the recently held Extraordinary Southern African Development Community (SADC) summit of heads of states and governments held in Maputo, Mozambique on the Zimbabwean situation. The Summit culminated in the issuance of a Communique whose recommendations are captured HERE.

Jameson Timba (Deputy Minister of Media, Information and Publicity and Member of House of Assembly for Mount Pleasant)

Mr Timba mentioned that the purpose of the SADC Summit was to discuss the Zimbabwean Situation in the context of the Global Political Agreement. Given that SADC are the guarantours of the GPA, they serve the role of a service station, when the GPA needs a push or boost. He explained that the reality is that Zimbabwe is facing a political rather than a legal crisis because the Constitutional crisis the nation is in could have been avoided had the wrong political decisions not been made in the first place. He said that the MDC-T went to the SADC Summit very confident that the 31 July date set for elections could easily be changed to accommodate the reforms agenda given that there is already precedent in our courts where the President has sought postponement of by-elections on the grounds that the state is ill-prepared i.e. the case of Bhebhe & Others v The State.

Jameson Timba: Picture Credit Bulawayo24.com

Jameson Timba: Picture Credit Bulawayo24.com

Mr Timba felt that the Summit went very well and that the final Communiqué that came out of the discussions expressed SADC’s wishes for Zimbabwe’s successful transition into a democracy through the holding of credible, free and fair elections. Mr Timba expressed his admiration for the President of Zimbabwe and his conduct at the SADC Summit.  In Mr Timba’s view, the President-unlike those who surround him- showed that he respects SADC, something which Mr Timba accredited to the President’s deep admiration of the regional body whose origins from the Frontline States during the struggle for independence represents a point of solidarity. He however expressed disappointment with some individuals within the President’s Party whom he said were constantly acting in bad faith. He cited the example of Honourable Patrick Chinamasa whom he said has shown bad faith in two instances:

  1. According to Mr Timba, on the Tuesday before the proclamation of the election date, Honourable Chinamasa was asked in a Cabinet meeting when he was going to present the Electoral Amendment Bill. He responded saying the Bill would be presented in the coming week meaning this week. According to Mr Timba, at this stage, Mr Chinamasa already knew that he was working on a Bill but that he had no intention of bringing it through Parliament but through the Presidential Powers Temporal Measures Act, which in Mr Timba’s view was an unconstitutional and underhanded manner of effecting electoral changes.
  2. Mr Timba also stated that the SADC Communiqué in Paragraph 8.5 says,

“Summit acknowledged the ruling of the Constitutional Court of Zimbabwe on the elections date and agreed on the need for the Government of Zimbabwe to engage the Constitutional Court to seek more time beyond 31 July 2013 deadline for holding the Harmonised elections.”

Mr Timba emphasised that when SADC said government, it was referring to the whole inclusive government.  This then meant that the government of Zimbabwe (the inclusive government) in its entirety was urged to bring a case before the courts to remedy the situation of the election date proclamation. Mr Timba said that he was however disappointed that at 5p.m on Monday, Mr Chinamasa served him with papers in which he (Mr Chinamasa) filed an application to the Constitutional Court and made the President of Zimbabwe-Robert Mugabe, the Prime Minister of Zimbabwe-Morgan Tsvangirai, the leader of the MDC Party-Welshman Ncube, the Deputy Prime Minister of Zimbabwe-Arthur Mutambara and Jealousy Mawarire the Respondents. In the Application Mr Chinamasa asks for an extension of the election date to August 14. Mr Timba explained that this application is against the spirit of the SADC Communiqué. Instead of making the parties mentioned above respondents, they all should have been cited as Applicants, they should all have contributed to the application’s contents through their legal representatives’ interaction with the Minister of Justice and the application should have been unopposed (one without respondents).

Chris Mutsvangwa (Member of ZANU-PF and former Ambassador of Zimbabwe to China)

He began his presentation by stating that he does not agree with the view that there is a crisis in Zimbabwe, be it political, legal, constitutional or otherwise because to him the current situation is a mere disagreement not a crisis. He then went on to give a disclaimer stating that although he was in Maputo he did not actually participate in the discussions that took place at the Summit nor was he privy to the outcome until he saw the Communiqué when it was presented to the public. [This admission for me was particularly interesting having read THIS article in which the author complained that the President’s delegation was bloated].

Mr Mutsvangwa however explained the position of his party where the Summit was concerned. He said that the President went with the simple position that ‘THE’ Constitutional Court of Zimbabwe had made an order setting the election date as 31 July. The president had no option but to respect the order of the Court or else he would have risked being in contempt of Court, something that could cost him his presidential candidacy. According to Mr Mutsvangwa, the President’s hands were tied and he had no option but to proclaim an election date as provided for in the Constitutional Court Judgement.

Chris Mutsvangwa: Picture Credit- ZimbabweMirror.com

Chris Mutsvangwa: Picture Credit- ZimbabweMirror.com

Concerning the question of reforms, Mr Mutsvangwa stated that no reforms are going to take place and those clamouring for reforms should remember that these same issues have been under discussion for the past four years with no success hence what is the likelihood that they will be settled in a few weeks when they have failed to be settled in years. He stated that ZANU-PF in 1980 was faced with a similar situation where they had to go for elections in an imperfect environment with no reforms to the electoral law nor to the security sector yet they still won the elections. He explained that the issue is not about reforms but about the leader whom Zimbabweans want to vote for. He said that each party has to be creative in how it “deals with the imperfections of state craft.” Mr Mutsvangwa went on to say that refusing to have elections on the basis that the environment is not perfect is akin to  a pregnant woman  who opposes the course of nature and refuses to give birth to her baby after 9 months of pregnancy because she thinks the baby is not mature enough.

Mr Mutsvangwa addressed his partners in government saying that it is time government stopped ruling by arrangement but rather by the people’s choice. He went further to say that yes SADC issued its Communiqué but people must remember that SADC is not Zimbabwe’s Constitutional Court, it is just a club of states hence if Zimbabweans want elections on 31 July, SADC cannot stop that from happening.

Priscilla Misihairambwi-Mushonga (Secretary General of the MDC, Member of the House of Assembly Glen Norah Constituency and currently Minister of Regional Integration and International Cooperation)

Ms Misihairambwi-Mushonga began her presentation by expressing her disappointment with the way in which this nation has been subjected to blatant lies, abuse and distortion of information She stated that she was disappointed with the fact that Honourable Chinamasa who was negotiating on behalf of ZANU-PF was not at the SAPES discussion as he was the person who would have best explained the distortions coming out of some quarters of the press about the outcome of the SADC Summit. She felt that Mr Mutsvangwa’s representation of Mr Chinamasa was an act of abuse since Mr Mutsvangwa had no clue what took place having been “on the corridors” of the Summit.

Priscilla Misihairambwi-Mushonga: Picture Credit-The Independent.co.zw

Priscilla Misihairambwi-Mushonga: Picture Credit-The Independent.co.zw

Ms Misihairambwi-Mushonga then went on to give a detailed description of what transpired at the Summit as follows:

SADC was appraised with the situation of Zimbabwe which they understood to be that Zimbabwe was faced with a legal crisis in which there was a Constitutional Court judgement but that judgement juxtaposed to the practical realities on the ground would not be possible to implement. The Facilitator for the Zimbabwean negotiations, President Jacob Zuma of South Africa presented his report which came out of discussions held by the parties to the GPA on the 4th, 5th and 6th of June 2013. The facilitator’s report was therefore not challenged nor disputed by all three political parties i.e. ZANU PF, MDC-T and MDC.

Ms Misihairambwi Mushonga then went on to state where the parties seemed to have different positions and she explained them as follows:

President Mugabe’s position was that he believed that as long as there is no violence then an election can go on. He agreed with the need for media reforms and also stated that he has been a victim of the media’s unprofessional and unethical conduct several times but that within the given time there is nothing much that can be done about this. He also addressed the issue of the rule of law, in particular the security sector, acknowledged that statements by some heads of security departments were not acceptable nor appropriate but that they could be explained when one understands that these statements were made by people who shared the liberation struggle with ZANU PF and hence would feel protective over their ideals. He then requested that these Chiefs be treated gently and with such sensitivity as would take cognisance of their socialisation and history. On the election date he explained that his hands were tied and he had to make the proclamation because the Constitutional Court had ordered him to do so. According to Ms Misihairambwi Mushonga, the President never disputed the facilitators’ report, never said that the report lied or that the facilitator was biased.

Ms Misihairambwi-Mushonga then went on to explain that Prime Minister Tsvangirai’s contention at the Summit was with the dishonesty shown by some members of the inclusive government. He explained how Minister Chinamasa had withheld the truth from Cabinet about his plans to amend the Electoral Act through using the Presidential Powers instead of introducing a Bill for debate and inclusive input before both houses of Parliament.

Ms Misihairambwi-Mushonga then explained Professor Welshman Ncube’s position; that he was concerned with the legal and political illegitimacy that would follow whatever government that would emerge out of the elections that would be held under the ruling of the Constitutional Court.

Ms Misihairambwi-Mushonga was pleased with the Communiqué, disappointed with some people whom she said were ill advising the President and hoped that the spirit of the Communiqué would be upheld.

Some interesting quotes from the discussion

“I am tired of this fixation of men on who is bigger than who which leads them into this bravado game where simple information is distorted and the truth withheld from the public.” Priscilla Misihairambwi Mushonga

“Chinamasa and others’ advice to the President on this elections issue is misleading, in fact it is treasonous.” Priscilla Misihairambwi Mushonga

“I hate it when leaders of this country behave like landlords and treat the people like their tenants. Leaders are just caretakers and the people are the real owners of all processes.” Jameson Timba

“For goodness’ sake no one owns this country.” Priscilla Misihairambwi Mushonga

“If anyone is not happy with the way we do things here and thinks there is a crisis let them come and I will fly them to Somalia so they can see what a real crisis looks like.” Chris Mutsvangwa

Conclusion

It was an interesting discussion and all the views presented here are the views as expressed by the panellists to the discussion. In the end Ambassador Mutsvangwa walked out of the meeting in protest over what he said was “utter disrespect” by Ms Misihairambwi- Mushonga of those who “delivered the country into her hands so that she could become a Minister.”


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