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Madhuku says Tsvangirai is bound by law to participate in poll
Violet Gonda, SW Radio Africa
June 23, 2008

http://www.swradioafrica.com/news230608/madhuku230608.htm

Law expert Dr Lovemore Madhuku has said that politically, MDC President Morgan Tsvangirai is right in withdrawing from the presidential run off, but legally he is bound by law to participate. The chairman of the National Constitutional Assembly said it is accurate to say that the current environment is not conducive for a free and fair election, but unfortunately ZANU PF would go by the legal interpretation.

Tsvangirai announced on Sunday that he is pulling out of the run-off, saying Mugabe has already determined the election result. Tsvangirai said Mugabe has declared war on the people and the MDC would not be part of it. He said Mugabe declared war when he said, "the bullet has replaced the ballot".

The MDC leader listed violence as the major reason for withdrawing as this made it impossible to have a free and fair election. Since the first round of elections held on March 29th over 85 MDC supporters have been killed, 200 000 people internally displaced, 20 000 houses have been destroyed and 10 000 people injured and maimed in this orgy of state sponsored violence.

Madhuku said Tsvangirai's withdrawal is a political embarrassment for Robert Mugabe because he needs legitimacy and needs to be elected by Zimbabweans in a free and fair election. But he said the legal position is a separate thing where a candidate is legally bound to participate in the run-off once they have agreed to participate in the first round.

He went on to say; "The strict legal position is that candidature for the run-off or the second election is not a voluntary exercise, you give your consent when you contest the first election." He said this is an "irreversible process" that is why there were no nomination papers this second time round and there is no provision for a withdrawal. The NCA chairman said this is the kind of "charade" which the law in Zimbabwe allows and which does not address the issue of the violence.

Madhuku believes ZANU PF has two options. To either declare Robert Mugabe elected because he is unapposed, or to just go ahead with the electoral process, even though the Morgan Tsvangirai is no longer participating.
When announcing his withdrawal, Tsvangirai urged the United Nations, African Union and Southern African Development Community (SADC) to intervene to stop "genocide" in Zimbabwe.

There is concern that the MDC is in a no win situation, especially as the country is now being run by people immune to the law. History has shown that the regime has used violent methods in the past to force opponents out of the election race or to negotiate. The leader of ZANU Ndonga, the late Reverend Ndabaningi Sithole, faced a similar problem in 1996 and then Mugabe pushed on with the election, making himself the sole candidate. Prior to that in 1987 Joshua Nkomo, the leader of ZAPU, was forced to negotiate and sign a unity accord to end a violent clampdown on the Ndebele people that saw the deaths of over 20 000 in the mid 80s.

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