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Pillars
of democracy not understood by Zanu PF as constitution based in
Zimbabwe
Andrew Manyevere
December 06, 2007
The western society is
illustrative of democracy at best in practice. Having come through
many painful stages of political development, they have today stood
chained to the support for human and people rights. Canada has one
of the most comprehensive pieces of legislation on human rights,
so comprehensive such that it is difficult to implement in its entirety.
No wonder even countries like America the human right principle,
appears as though a mere rhetoric. The joy though, is this that,
people can always challenge either the government or individual
officials of government on breaches of human rights with the judiciary
upholding the morality of law. Unlike many states in Africa, Zimbabwe
being primary target for breach to human rights with impunity, no
one dare challenge governments on wrongs against human and people
rights. It is true to acknowledge incremental efforts towards this
end on the continent; even though failure outweighs success in this
plight.
No wonder in a country where there is no practice of separation
of powers principle to governance, Zimbabwe authority are strangers
to truth and cannot keep promise ever.
Zimbabwe on paper is a republic with a president with executive
powers; a parliament which rubber stamps the head of government
decisions for fear that legislatures may loose their posts if not
life. The Judiciary exists on paper. There are judges who truly
love the spirit of the rule of law and would like to follow it without
much success.
While Zimbabwe is meant to be a republic, signs reveal that political
motivated decisions are not different from those made by Musharaaf
of Pakistan. President Mugabe has suspended judges and had them
brought into trial for exercising the rule of law using proper principles
of law. Judges have had to run away from Zimbabwe because beyond
the failure to carry justice through the courts, Mr Mugabe has used
instant justice-s methods to instill his authority through
fear than reason.
Legal system entails reasoning. All dictator regimes do not like
reasoning where they always end up losers; therefore they apply
force and violence to control. It will be very unfortunate for President
Thabo Mbeki to fail the second time on Zimbabwe. Mbeki promoted
unreservedly the theme of quiet diplomacy to give Mugabe breathing
space without success except have the opposition politics suffer
(1980-2006). President Mbeki, with the blessing of Africa through
SADC countries, succeeded to have Africa adopt the mediation diplomacy
between Zanu PF and the MDC (2007 . . . .). It appears that the
period of mediation is threatened more with failure from the very
composition of African leadership which cannot denounce a fellow
state for failure except embark on some political cover up procrastination.
This is because there is no respect of rule of law. There are always
battles of ugly words, hatred and murder of each other through use
of guns to have a change of government in Africa constitutionally
restored. Because the media is not effective the contest for leadership
is virtually absent.
The constitution in Zimbabwe is based on what President Robert Mugabe
wants to see safeguard him than protection of the people. This is
the very ugly problem which has run down the economy and politics
of the country, ultimately affecting all citizens- life in
the country.
It is beyond this writers comprehension why the United Nations (UN),
Commonwealth, not to mention the African Union (AU), cannot institute
a commission of enquiry into whether people of Zimbabwe are happy
or not and free or not in view of claims by Mugabe that he is popular.
In view of many deaths taking place in Zimbabwe caused by the unreported
actions of the militia. It is true that people are being beaten,
tortured bitterly to demonstrate that Mugabe does not care about
international community and can work hell on the population at will.
The government systems of brutality, so called Operations Dirty
of May 2005, popularly known as Murambasvina, only revealed the
worst behavior of any civilian government in the history of governance.
Despite the open findings and the condemnation by the world body,
UN, President Mugabe has done nothing to correct or improve poor
life of civilians in the country.
The 2005 general elections in Zimbabwe were supposed to have been
done under strict observation of the SADC electoral protocol, which
were violated by the Mugabe regime. Needless for me to point to
volumes and volumes of the MDC fights in the courts of Zimbabwe
on rigging of elections by Zanu-pf government.
The country-s constitution is in the intensive care unit.
Mr. Mugabe applies his intuition to run the country, proposing pieces
of change to the constitution at will despite that the referendum
is supposed to attend to any constitutional change after 2000 referendum
which defeated Mugabe from imposing wild and sweeping changes to
the constitution. Because Mr. Mugabe knows he will be defeated in
any open contest, he uses his blind parliament to rubber stamp his
idea.
Mr Tsvangirai and the MDC have tried to engage the Zanu-pf with
absolute patients in the hope the world will prevail on him to see
common sense and respect the country-s constitution. Should
it be a surprise that, at a time when everybody would expect that
Mbeki mediation should have dealt a blow to violence on:
1. Disbanding of the
militia.
2. New examination of the voter-s role.
3. Appointment of a world based Electoral Commission
4. Supervision of peace in the country.
5. Open media to all political parties and have the radio station
cover all political parties- activities.
6. Allow Diaspora to vote; that it is promising total failure?.
What else
could any political party in Zimbabwe say on the obvious failure
in the Mbeki on going mediation efforts? It-s not easy for
a political party to denounce efforts as paper exercise without
binding results. It is beyond a shadow of doubt that the Mbeki mediation
has taken too long to denounce wrong from right and therefore lacking
morality for correction. That political opposition is being treated
as though a stranger by a government confessing to seek political
solution mocks the basis of mediation.
There is no doubt that the people of Zimbabwe know who is responsible
and where its going wrong, but are violently forced to keep quiet
with some of the most brutal and traumatic ways ever done and applied
since the Hitler-s second world war brutality on race. It-s
a pity the authors of international Conventions have something to
cover in limiting genocide to narrow definition of kill by gun.
People are dying from both HIV/AIDS and traumatic syndromes of one
sort and other in Zimbabwe. The post Mugabe era shall equally see
many of us sick to think of what those who left us miserably went
through.
With a police force, army and judges sworn to allegiance of Zanu-Pf
political party overt or otherwise, the governance is not only corrupt
but decayed. There is only one thing left, to keep appealing to
the UN; despite what so called radicals might say, Zimbabwe is a
worst scenario of a world uncaring. With one third of the population
out of the country and many more coming out, the world need to act
before some good Samaritans help remove force with force. This is
not the desire of the MDC after all these years of patiently demonstrating
democratic approach to resolving governance issues.
Zimbabweans we need a common agenda to remove Mugabe. The world
needs to create the atmosphere where violence is killed once and
for all enabling democratic forces success, anywhere.
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