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Talks, dialogue, negotiations and GNU - Post June 2008 "elections" - Index of articles
Losing
focus: Zimbabwe's power-sharing agreement
Derek
Matyszak, Idasa Research and Advocacy Unit
October 23, 2008
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Introduction
The brutal campaign
instigated by Mugabe's supporters to reverse his electoral defeat
in the 29th March 2008 presidential election resulted in a pyrrhic
victory. Violating all democratic requirements for a free and fair
election, even the ZANU PF government's invited observers (limited
to those considered friendly and which included the SADC observers)
were constrained to report that the run off presidential election
of the 27th June, 2008 did not reflect the will of the people. This
created a crisis of legitimacy for Mugabe and an embarrassing difficulty
for SADC. Botswana unequivocally refused to recognise Mugabe as
head of state, and even the Mbeki led government of South Africa,
noted within Zimbabwe for its support for Mugabe, prevaricated.
To resolve the
problem, Mbeki was mandated to try to gain an accommodation between
the two parties. The process was regarded as a continuation of the
negotiations between the opposition MDC and ZANU PF that Mbeki had
been facilitating since March 2007. While the power sharing arrangement
which followed Kenya's elections was uppermost in many people's
minds at this point, the MDC leader, Morgan Tsvangirai, said of
the post election negotiations: "This is not about power sharing.
It is about a return to democracy." Thus phrased, Mbeki faced
an intractable problem. Essential support from the Bretton Woods
institutions and the donor community to revive Zimbabwe's collapsed
economy would not be forthcoming if the negotiation did not result
in a return to democracy in Zimbabwe. The MDC thus could not agree
anything which did not restore democracy and the rule of law. Mugabe
could not agree anything which did. The relatively free, if not
totally fair, elections of 29th March had shown conclusively that
ZANU PF could not remain in power under democratic conditions. This
"either/or" situation did not allow for compromise.
There could
only be one winner. As a result, the signing of an Agreement
between the political parties on 15th September 2008 led to a peculiar
situation. Tsvangirai had stated that: "No deal is better
than a bad deal". His supporters were thus entitled to believe
that a good deal had been reached, or at least one which opened
the democratic door wide enough to allow the entry of donor and
balance of payments support and international investment. As the
reality of the Agreement began to intrude, the euphoria that had
ensued after the signing morphed into a view that Mugabe was reneging
on the agreement. The Agreement came to be considered as less than
perfect as it gave Mugabe the space to do this, but nonetheless
still considered as a way out of Zimbabwe's political impasse. In
the face of continued MDC sanguinity, ZANU PF supporters became
uncertain as to the content of the Agreement and began to believe
the various optimistic versions MDC supporters touted. They cautiously
lowered their profiles in areas where they had been wielding what
now seemed a hubristic power. This response of ZANU PF supporters
provided affirmation for MDC supporters that the Agreement was intrinsically
good, that a change had been effected in the political terrain and
the Agreement "must be made to work."
Mugabe must
have been dismayed by this unnuanced response of his followers.
He had not in fact conceded any real power and had emerged the winner.
The only concession he had made in exchange for the retention of
his extensive powers and recognition of his legitimacy (Article
20.1.6 states that he shall continue as President) was the lessening
of his powers of patronage by the reduction in the number of Ministerial
posts he could allocate. Yet he could hardly brag about this unequal
bargain when the Agreement was presented as one of "power
sharing". His enforced silence led to growing dissention in
his ranks, further fuelled by those who felt they would be excluded
from Ministerial positions.
Eventually,
Mugabe was compelled to point out to his supporters that he "remained
in the driving seat". Unfortunately, misled by Mugabe's propaganda
machinery several times too often, ZANU PF supporters were sceptical.
Without an awareness of this background, Mugabe's decision, in mid
October unilaterally to allocate
30 of 31 Ministries, in the midst of deadlocked negotiations on
this issue, appears strange. Mugabe divided the portfolios between
ZANU PF and the MDC as the Agreement required, but allotted what
are considered to be key portfolios exclusively to ZANU PF and formally
Gazetted notice of this allotment on the very eve of the return
of Mbeki to Zimbabwe. Mbeki had been asked to return to Zimbabwe
specifically to resolve the deadlock between the parties over the
allotment of Ministries. Mugabe politely left the Ministry of Finance
unallocated so that Mbeki did not arrive to a perfect fait accompli.
In this fashion,
Mugabe gave a dramatic demonstration to his supporters of the truth
of the statement that he remained in charge. The power to allocate
Ministerial portfolios remains that of Mugabe under the Agreement.
All he is required to do is "consult" with the MDC formations.
And that, he pointed out, he had done. Outraged detractors suggested
that the action was not in accord with the "spirit"
of the agreement.
Unfortunately,
"the spirit of the Agreement" is a highly subjective
concept and the interpretation arrived at by MDC supporters is largely
a chimera born of deliberately ambiguous drafting and their belief
that Tsvangirai would not have signed an Agreement which leaves
Mugabe's powers unfettered. But that is precisely what he did. Whether
the door to democracy is opened thus depends entirely on the positive
exercise of these unrestrained powers and Mugabe's goodwill -
an inclination and attribute which have been notably lacking in
the past. An examination of what is actually in the Agreement, rather
than what is hoped or thought ought to be there, proves the point.
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