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Democratisation agenda at the mercy of Mugabe
Paidamoyo Muzulu, The Independent (Zimbabwe)
April 08, 2011

http://www.theindependent.co.zw/local/30596-democratisation-agenda-at-the-mercy-of-mugabe.html

A new report by the Harare-based Research and Advocacy Unit says the democratisation agenda envisioned in the 2008 Global Political Agreement (GPA) largely depended on President Robert Mugabe's benevolence since the MDC formations were only given nominal power in the resultant inclusive government.

In a report titled "Articles of Faith: Assessing Zimbabwe's GPA as a Mechanism for Change - A Legal Perspective", Derek Matyszak and Tony Reeler concluded that the democratisation agenda was far from being achieved by the current system and actors.

The GPA is a political settlement guaranteed by Sadc and the African Union to end a decade-long political crisis in Zimbabwe conceived after the bloody 2008 elections, and is aimed at creating conditions for genuine political and electoral reforms.

The reforms include, but are not limited to, media, constitutional, electoral and security sector reforms and national healing.

Matyszak and Reeler's report says the "implementation of democratic reform contemplated by the GPA has thus depended on the goodwill and political willingness of Mugabe and his ministers, qualities that were notably lacking prior to the signing of the GPA and notably lacking thereafter".

The research authors argued that the GPA was replete with lofty provisions designed to widen democratic space in Zimbabwe, but there was, however, a dearth of provisions by which they may be implemented.

These include amendments to draconian legislation, such as the Public Order and Security Act, Access to Information and Protection of Privacy Act and the Broadcasting Services Act.

They further argued that the reforms may only be implemented if MDC ministers got necessary executive authority, which they unfortunately failed to get on the negotiating table since Mugabe kept for himself and his Zanu PF party powerful posts.

"To ensure implementation, the MDC required control over ministries and statutory institutions with the appropriate executive power. None of the ministries Mugabe allocated to the MDC afforded it such control," reads the report.

It pointed out that the MDC was failing to exploit the few opportunities available to it through its role in the inclusive government. This was in stark contrast to Mugabe who continued to control all vital sectors, ministries and institutions capable of effecting reform, namely the military, the media and security sectors.

The researchers believe that Prime Minister Morgan Tsvangirai and the MDC had two options to become more relevant and push for reforms, but they seemed reluctant to exploit them.

"One is the requirement that all key appointments in terms of the constitution and any appointment in terms of any Act of Parliament can only be lawfully made by the President with the consent of the Prime Minister," the researchers wrote. "Mugabe has simply ignored this requirement where it suited him to do so, and Tsvangirai has not sought to exercise this right in all instances."

The researchers further argued that Sadc had not fully grasped the importance of the MDC's right in the GPA implementation, as exemplified by it asking the MDC-T to "park" the issues arising from Mugabe's unilateral appointments.

Matyszak and Reeler insisted that the correct approach was for Sadc to persist pressing for compliance, something which the MDC had not done with due rigour. Mugabe last year unilaterally appointed provincial governors and has declined to rescind the appointment of central bank governor Gideon Gono and Attorney-General Johannes Tomana. The ageing president has also refused to swear in MDC-T deputy treasurer general Roy Bennett as Deputy Agriculture minister, among a host of other issues of the GPA he refused to implement.

The report said the other option for the MDC was to use its numerical advantage and dominance in parliament's Standing Rules and Orders Committee to implement changes that simply required the House to change.

"They should ensure that Constitutional Committees, particularly the all- important Zimbabwe Electoral Commission, comprised resilient, resourceful and informed individuals who could robustly advance an agenda of democratic reform. This (unfortunately) it failed to do," reads the report.

Matyszak and Reeler concluded that the GPA could not be celebrated as a successful regional solution to a regional problem.

"Accordingly, one should exercise some caution before referring to the GPA as an 'African solution to an African problem' as certain uncomfortable readings of the maxim may suggest themselves," they wrote.

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