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This article participates on the following special index pages:
Constitutional Amendment 18 of 2007 - Index of articles, opinion and anaylsis
Amendment
Number 18: Evidence of a transition in crisis
Sydney Chisi
September 25, 2007
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the special index of articles, analysis and opinion on Constitutional
Amendment 18
The events of
last week in the august House of Zimbabwe shocked a lot of general
people in the streets of Zimbabwe and a lot of things ranging from
mistrust, perceived collapse of the people-s struggle, and
elitist agenda being promoted so that Mugabe will have a dignified
exist whilst for the Movement for Democratic Change (MDC) this might
be the chance to at least get into a ZANU(PF) donated fringe power.
These speculations might be all correct given that ever since the
talks between these two political parties and mediated by Thabo
Mbeki, they have been under high secrecy even to some of the sitting
members of Parliament, to an extend that it might not be surprising
that some of these MPs can not objectively justify why they supported
Amendment 18
to the Lancaster House Constitution. The only public information
that those with access to information have heard so far is that
so and so has left for Pretoria, or that talks are progressing on
well. And if the definition of progress is what was evidenced in
the last week, then there is a need of looking back and reflect
on the basis to which MDC was formed. The party was formed under
a very progressive, participatory and consultative process that
brought the voice of all suffering people of Zimbabwe together and
as such it should be the spirit to which it must continue.
The change in the strategic
direction to which the party is supposed to take should be informed
by the people especially in the context of amendments that are made
in the 'nicodimus- of economic collapse. Going back
to the last elections of 2000, 2002, 2005 and the multiple by-elections,
history has taught us that certain fundamentals have to be dealt
with if the process of electioneering is supposed to be free and
fair. The president of MDC, Morgan Tsvangirai during the memorial
service of Gift Tandare highlighted that there was no need of participating
in an election that is pre determined because of the lack of instruments
that ensure that elections are a true reflection of a vibrant democracy.
This kind of strategic opinion should have been fundamental to the
whole discussion process rather than focusing on power sharing.
I would bet my last cent (even in their absence) that he looked
beyond the greed for power, but an everlasting process that will
safeguard not only the current crop of those fighting for democracy,
but even for generations to come. This could only mean that a new
people driven constitution is paramount to the building up of a
new Zimbabwe. and as ordinary person I thought that the mediation
process from an MDC-s perspective was to build that new Zimbabwe,
unlike Zanu(PF) who definitely would want to retain power and power
is all they are concerned about.
But we have to sympathize
with the MDC, and really understand what kind of a creature they
are dealing with as well as the conditions to which they ended up
agreeing to this. However it should not be forgiven for failing
to go to the people.
Going into the agreed
agenda for the talks between the two parties which have been driving
the mediation process, one can easily see that the MDC was the weaker
end of the knot. The Zanu(PF) agenda mentions. Sovereignty, that
MDC has to acknowledge the legitimacy of the current leadership
as from 2002, Constitutional amendments which do not treat Zanu(PF)
as former colonizers and the issue of removal sanctions both targeted
and broadly as far as isolation of Zimbabwe and accessing foreign
aid . This process also tasked the two to define what Zimbabwe is
all about, from the emblem, flag etc. their view on the constitution
is that there is no need for a new constitution because they wouldn-t
want be treated as former colonizers. These points of view would
engulf, the need for a new constitution, the leveling of political
field, and the current crisis of legitimacy and all what the MDC
will get out of it are other processes that will ensure that they
remain in the periphery of leadership.
Agreeing to 210 constituencies
should be viewed not from a Zanu(PF)-s obvious strategy to
retain power by subdividing rural areas, but about what the two
formations of MDC are agreeing to. It is public knowledge that operation
murambatsvina displaced a lot of people from urban areas to rural
areas and are going to use this as a justification for subdividing
rural areas and lumping up urban areas together. It wont be a surprise
anyone to find a small district like Bikita East, Central and West!
However the biggest shortlived winner in a losing game is MDC. There
is no way that Welshman Ncube would have allowed to retain 120 seats
and find his corhots being challenged by both Zanu(PF) and Morgan
Tsvangirai formation. So for any agreement, the Welshman faction
would side with Zanu(PF) as the strategy to weaken Morgan becomes
real and evident.
We are also told that
they have agreed to have 93 senators. Of these 60 are going to be
contested, and the rest are all presidential appointees. These are
10 governors, president and vice president of the chief-s
council, 16 chiefs two from each province serve for metropolitan
provinces, and 5 presidential appointees! The president appoints
governors, has a firm grip on the chiefs and still appoints his
own favourite five, which might include those from MDC to appease
and thank them for supporting the amendment to sail through and
hoodwink the international community. This expression exposes how
Zimbabwe is run under a presidential centralism concept. This could
have been the point to deal effectively with executive powers to
which Welsh and Biti advocated and risked their lives for, together
with many Zimbabweans who rejected the Zanu(PF) draft constitution
for a people driven NCA draft constitution. Alas this was a power
defining moment rather a people centred process of transition and
shift of power, and they would rather keep it that way.
Both Morgan Tsvangirai
and Aurthur Mutambara (when he later joined politics) agreed that
the decision for participating in the previous senatorial election
was ill conceived and uninformed because there were more 'pressing
issues- than holding of illegitimate elections. The question
from the electorate and the general public is what has changed,
are current economic, social and political conditions now better
than they were then? This position brings the weakest link in MDC
as it has been known all these years that it should be focusing
on the livelihood of people brought about by a people driven consensus
against a backdrop of a collapsing economy. The choice of focusing
on power struggles without having a community impulse in making
of those decisions is an unfortunate perfect substitute of a system
that we are currently facing as a people.
The other point
agreed during the moment of 'history-, was that Zimbabwe
Electoral commission (ZEC) will from now on be responsible for delimitation
of constituencies. It comes from the grape vine that the process
will be now include an equal number of MDC comrades. Cosmetically
it sounds very noble. The question that is critical to that decision
is what template is going to be used and what form will the ruminants
of the previous structures and mapping process take as the new team
comes in. What influence in terms of total disintegration of the
old system can be brought in by the new, unexposed and few members
from the opposition? What forms of institutional reform processes
will be put into place to make sure that those individuals who were
employed on Zanu(PF) ticket, to serve the party and not a citizen
centred process like elections? What form of organizational and
partisan interest is Tobaiwa Mudede amongst others, willing to shed?
To suggest that
ZEC should be constituted by people from both parties is likely
to have come from MDC rather than Zanu(PF). This is not new because
such demands amongst others which Zanu(PF) was willing to give in
were also made in 2005 and Zanu(PF) gave MDC what it thought may
bring a free and fair election. Remember the issue of politically
motivated violence, translucent ballot boxes, the one day voting
process, and the increase in number of polling stations. Zanu(PF)
later on responded and countered that through intimidation of polling
agents, votes being sent to the constituency centres by phone, such
that the results and the number of those who voted could not tally.
This should therefore be a reminder to the MDC that it is Zanu(PF)-s
strategy and old trick to make sure that MDC will end up participating
in a losing game.
To agree that that all
the four elections be held at the same time is likely to have been
pushed again by MDC because it could not allow the local government
elections to be held in January because it would send stimuli to
Zanu(PF) on the general voting trend before it unleashes violence
before the 'watershed- elections later. And Zanu(PF)
would counter that by emphasizing on one day vote. Zanu(PF) has
always had systematic ways of disenfranchising voters. This comes
from fabricated myth about illiteracy levels in the rural areas
especially to maneuver four ballot papers. This will see a lot of
assisted voters, a process always known to be accompanied by intimidation.
This might delay the voting process as well as high chances of spoilt
papers likely to be made by the two MDC supporters rather than a
clear cut and distinct Zanu(PF) symbol or name.
It is said that the voters-
roll will now be based on wards and no longer be at constituency
level. A voter can only vote in a ward in which one is registered
and resident as a voter. This is a suggestion that eliminates all
that MDC had put on the table on issues of elections and the major
source of rigging. This is because, if one looks at the way the
two parties are structured in communities, it evident that Zanu(PF)
has stronger community presence which starts from a level called
a 'cell- an equivalent to 'street committees-.
This means that Zanu(PF), can mobilize from a street level and making
sure that the voters- roll responses to Zanu (PF)-s
political presence. As the economic situation in Zimbabwe is likely
to deteriorate as we move towards elections, there are going to
be massive involuntary emigration to the rural areas. Not only will
the ruling party-s strong presence at ward level be critical,
but the role of the chiefs will once again be called to task as
they openly declared in Victoria Falls that they were going to mobilize
people to vote for Zanu (PF). So the tactical deficiency on the
part of MDC is that shift of power back to the people, from the
current regime-s pillars of support, should also be cross
sectional of each pillar of support. MDC can not deal with the ZEC
as a body, but to look at the Registrar General, the Sekeramaiz
and Silaigwanaz of the day.
What is equally shocking
is the short memory that has been indicated by the MDC. This is
around the role of all the people who have left the country because
of persecution or because of economic decline. Whilst Zanu(PF),
which knows that of all those people very few people will vote for
them, MDC failed to make sure that those in diaspora can vote, yet
we thought that some of these people have over the years tirelessly
worked for change and in the name of MDC. The ruling party has over
the years allowed only those on diplomatic mission to vote, whose
vote needs no one to guess, yet the opposition fails to see this
through.
Over the past 27 years,
the ruling party has been on the warpath with the people especially
those opposed to it. This history of violence and a track record
of misgovernance and human rights abuse could not be swept under
the carpet by endorsing an amendment that allows the appointment
of an 'independent- Human Rights Commission. This is
so because as we speak, in the current Lancaster constitution to
which the MDC has now endorsed as the Bill of Rights has not been
improved, justice has not been done to all the atrocities that this
nation has seen over the years and even beyond given that Zanu(PF)
will win next years- elections.
Whoever is informing
the opposition that if they agree with Zanu(PF) to these terms then
the opposition will win an election is fantasizing, or belongs to
a conspiracy of elimination. The sole reason that the people will
not be able to elect a president of their own choice in the event
that Mugabe wins (obviously), the he dies (not soon!), or retires(most
likely), should be an eye opener that that they will definitely
not choose Mutambara or Tsvangirai. Rather, Zanu (PF) will rig elections
on behalf of Mutambara-s faction so that they win a reasonable
number of seats and be included in a government of national unit,
excluding Tsvangirai-s faction. So for a period of not more
than five years till the next election, Zimbabwe will be governed
by an elitist, or another Swiss bank socialist kleptocrat. This
agreement makes it difficult for people like Morgan to remain and
retain relevance in the political chess game. Amendment 18 might
be the epitaph of his political career, which we so much cherish.
To say that the Welshman
faction has always been an appendage is here nor there, but it becomes
more visible as the drama of talks begins to unfold. The questions
that comes to mind first are; how come the two factions tend to
agree what the MDC (collectively) wants for Zimbabwe yet as they
cross Limpopo back home, they do not agree? Is Tendai Biti being
out numbered given that it is alleged the Mutambara faction has
been negotiating with Zanu(PF) for over a year, resulting in such
moves as pulling out of processes such as Save Zimbabwe? Is Welsh
getting back on Tendai Biti after he let them down as their faction-s
president before they settled Arthur? If people failed to agree
on 66 Senator in 2005, does it mean that it is now necessary to
have 93, if the senate elections were their point of departure?
How come the people are no longer relevant, yet back then they were
consulted? Who would imagine Patrick Chinamasa and Nicholas Goche,
going down in history as the people who destroyed Mugabe and the
role that Chinamasa and Ncube played in the previous 'mediation-
and Welsh being Thabo-s favourite to Morgan? Why did Zanu(PF)
bring an amendment before they dealt with issues such as POSA, AIPPA
amongst a host of other unjust laws? The list goes on.
It is against this background
and political risk that MDC should go back to the people, be accountable
platforms such as Save Zimbabwe where they meet with civic society
some of which have played even a significant grassroot role in keeping
the party intact and the hopes of people alive for a new Zimbabwe.
The civic society should help the situation by not escalating the
rift between itself and the opposition because their mandate is
different even if they feed into each other. Whilst political transition
requires a new constitution, it also requires political decisions,
and this is one of them, and as a people from here we seek direction
I rest my case, and hopping
that the ideals of people before power are still real within MDC.
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