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'Abolish the culture of impunity'
Tawana Kupe, Sunday Independent (SA)
August 10, 2008

View this story on The Independent website

The outcome of the secret talks that President Thabo Mbeki is mediating could be a new beginning for Zimbabwe, a country that, as the cliché goes, has gone from being the bread basket of the region to a basket case.

A new beginning for Zimbabwe would be the creation of a transitional government based on the March 29 elections, with a mandate to stabilise an economy in free fall and create a new democratic constitution, through an inclusive and participatory process involving all Zimbabweans.

The process should end with fresh, free and fair elections within 24 months. Such a beginning should exclude Robert Mugabe and his key supporters from office and make them account for past and present human rights violations.

What is more likely, is what some will perceive to be a false dawn and a disappointing outcome. Mbeki's dogged refusal to raise his voice or take tough action against Mugabe and his strenuous opposition to sanctions is driven by a belief that he is pursuing a new beginning for Zimbabwe, which is part of his larger vision of an African renaissance.

For Mbeki, failure is not an option and, for him, any setback cannot be larger than the dream of Africa solving its problems in its own way, without what he perceives to be the megaphone diplomacy of Western nations. Consistent with this view, for him an imperfect deal is something that is the basis of a new beginning.

Everyone must therefore be prepared for the deal that emerges from the "power sharing talks" to be unpalatable to those who want the departure of Mugabe from the political landscape. Mbeki's mediation will seek a political accommodation for Mugabe, from which he escapes culpability for the brutality he has committed during his nearly three decades in power.

Instead, he will be allowed to gradually retire with honour and dignity. This outcome will be explained as the price that must be paid for a new beginning.

For those who consider Mugabe a liberation-hero-turned-monster, a blanket amnesty will be a bitter pill to swallow. They will want to see Mugabe's hands tied behind his back, (a la Charles Taylor) alighting from a United Nations aircraft at The Hague to be tried for human rights violations.

For this compromise, it is important that there should be an end to the culture of impunity and that a culture of respect for human rights begins with the transitional government that will emerge out of the mediated talks.

A transitional constitution must provide a mechanism to protect and promote the human rights of all Zimbabweans. This mechanism must be a key distinguisihing aspect of a new constitution, which communicates an unequivocal message: that human rights in Zimbabwe should not be sacrificed on the altar of political expediency.

The rapidly collapsing economy is an important factor pushing all players, including Mbeki, to produce a deal quickly. Even more incentive comes from the billions that are being offered for Zimbabwe's reconstruction.

But therein lies the danger of massive corruption by members of the transitional government, including those who have recently been critical of the Mugabe government and asked for assets and funds to be frozen.

An anti-corruption agency and legislation that is explicit about transparency in the use of public funds and assets should be part of the transitional constitution in order to promote public accountability and clean government.

If corruption is allowed to take root during the transitional period, the government could easily morph into a government of national looting.

Such a government will want to enjoy a full five-year term because the comforts that come with abusing public funds dull the appetite for constitutional reform.

*Professor Tawana Kupe is Dean of the Faculty of Humanities at the University of the Witwatersrand (Wits), Johannesburg.

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