Dear Mbofana
Thank you, my brother, for your
insightful contributions in Bulawayo 24. They are a very significant
contribution to the public debate and national enlightenment – just what the
doctor ordered for a nation with more than its fair share of a very naïve and
gullible electorate and corrupt and incompetent politicians on both sides of
the body politics preying on povo’s weaknesses.
“As the shock over the recently gazetted
Constitutional Amendment No 2 Act deepens, and the realization of the reality
of the brutal shredding, and callous assassination, of any semblance of
democracy in Zimbabwe, at the hands of the ruling elite, sinks in - there are
sadly some who are still eager to excuse their retrogressive actions by
allowing themselves to be used as pawns in this unpardonable treacherous act,”
you wrote, referring to the women and youths who voted in support of the
amendment.
“Of course, if there are those who still
believe that the best and most effective way to empower women, or the youth, or
any other previously (or, currently) disadvantaged group, is via affirmative
action, or quota systems - which, to be quite honest, I would rather call
"favoritism".
Your criticism is completely justified.
Mugabe appointed Simon Muzenda and then
Joice Mujuru as his Vice President ostensibly to achieve tribal and gender balance
respectively. Both Muzenda and Mujuru were dull and stupid and allowed Mugabe
to do as he damn well pleased, which is exactly why Mugabe wanted them as his
deputy!
“Did they merely allow their selfish
greed for power, privilege, and wealth - as well as fear of their political
party leaders - to prostitute themselves into selling out the whole country,
for "thirty pieces of silver"?” You asked rhetorically of the women
and youths.
Zanu PF had 2/3 majority for the
obnoxious Bill to pass without any in the opposition voting for it. The opposition women and youths voted for the
Bill, regardless, to underline they have been paid the thirty pieces of silver and
it is payback time!
“Are they seriously telling (with a
straight face) the millions of democracy-loving and progressive Zimbabweans,
who overwhelmingly voted for this phenomenal document - which provided enormous
hope for a brighter and prosperous future for our nation (as much as the ruling
elite were never too keen in actually implementing most of the provisions,
especially those promoting and guaranteeing democracy) - that they preferred
taking their own country back to the stone age, merely because they wanted some
extra seats for women and youth in parliament?” you argued.
Well, you are off track there, the March
2013 Constitution was never the “phenomenal document which provided enormous
hope for a brighter and prosperous future”. It was sold to the nation as such
but it never lived up to any of these things. Never!
A constitution that is ever at the mercy of an individual of select group of individuals without the check and balances to stop him or them corrupting the it for his or their selfish gain will never ever deliver and guarantee the individual freedoms and rights. Never! And sadly that is exactly what has happened with Zimbabwe’s March 2013 constitution.
The new constitution failed to deliver
free, fair and credible elections in July 2013, barely four months after the
nation had voted for it resoundingly? Four years later there was the November
2017 military coup which Justice George Chiweshe ruled was “legal, justified
and constitutional”. Zanu PF was able to blatantly rig the 2018 elections and
now the regime is amending the constitution to consolidate its dictatorial
powers. All these things have happened precisely because the March 2013 Constitution
is weak and feeble.
Morgan Tsvangirai and his MDC friends
wanted the people to accept the new constitution as an MDC democratic achievement,
“MDC child” and so they went town in singing its praises. Paul Mangwana, Mugabe’s
pointer man on the parliamentary committee that drafted the constitution,
boasted soon after the referendum that Mugabe “dictated” the document.
Of course, the Constitution is a dictator’s
creed; Mugabe would never dictate anything else. MDC leaders, out of misplace
pride and vanity have buried their heads in the sand and would not admit the
MDC child is a Zanu PF bastard.
SADC leaders realised Zimbabwe’s new
constitution was too weak and feeble to deliver free, fair and credible 2013
elections. They, literally, begged Tsvangirai and his MDC friends not to
participate in the elections until democratic reforms were implemented. ‘If
you go into elections next month, you are going to lose; the elections are done!’
SADC leaders warned, according to Dr Ibbo Mandaza.
As we know MDC leaders ignored the
warning and participated in the 2013 elections, confident the party’s
popularity will overwhelm whatever Zanu PF vote rigging shenanigans would bring.
Zanu PF used the weak constitution to retain all its dictatorial powers and was
able to blatantly rig the 2013 and more, as noted above.
By participating in the flawed and
illegal elections MDC leaders are giving the vote rigging Zanu PF legitimacy.
Zimbabwe is a Banana Republic, a pariah
state, ruled by incompetent, corrupt and murderous thugs who blatantly rig
elections to stay in power. The country has been masquerading as a democratic “Second
Republic” thanks to the corrupt and incompetent MDC leaders whose continued
participation in flawed elections has given Zanu PF legitimacy.
Zimbabwe is in serious economic and
political trouble. 41 years and counting of Zanu PF corrupt and tyrannical rule
have left the country in economic ruins and political paralysis, as both Zanu
PF and the opposition have offered no solution out of the crisis.
MDC leaders and Zimbabweans in general should
have listened to SADC leaders’ warning not to participate the flawed and
illegal 2013 elections as that only served to give the vote rigging Zanu PF
legitimacy. The advice is sound now more that back in 2013. Zanu PF has refused
to implement any reforms and is set to rig the 2023 elections. This time
Zimbabweans must put their collective foot down and refuse to participate in
the flawed elections until reforms are implemented.
MDC leaders are gearing to participate in
the 2023 elections under the pretext that by doing so they will be stopping
Zanu PF amending the March 2023 Constitution. The constitution has already been
compromised, Zanu PF has already seized dictatorial powers and by participating
in flawed elections MDC will give Zanu PF legitimacy.
The “2023 elections are done” and by participating we will give that result legitimacy! After 41 years and counting of rigged elections it will be insane to once again foolishly let Zanu PF off the hook!
@ Mbofana
ReplyDeleteZimbabweans are a naive and gullible lot, the 2013 constitution was "dictated" by Mugabe as Paul Mangwana readily boasted soon after the 2013 referendum accepting the document. Of course, it is naive to expect Mugabe to produce a constitution providing hope for a brighter future!
A 33-year-old Zimbabwean man who was yesterday arrested while smuggling gold worth R11 million into South Africa has been granted R100 000 bail by a Kempton Park Regional Court, in Gauteng province.
ReplyDeleteTashinga Nyasha Masinire is facing charges of contravening the Customs Act 91 of 1964 and Precious Metals Act 37 of 2005 respectively
It is believed that Zimbabwe is losing a staggering US$1.2 billion per year worth of gold alone to smugglers. Most of the leak is through SA and Dubai.
If the country stopped even 10% of this looting the country will have US$ 120 million, enough to buy enough vaccines to vaccinate the 10 million herd immunity. It is very easy to see why donors have been very reluctant to help Zimbabwe in anyway, the country is certainly rich enough to meet its needs if only the country would do something to end the criminal waste of resources through the wholesale looting.
"From rural areas we don't target a specific age group; we just want at least three million rural voices. We are meeting opinion leaders, interfacing with them discussing change. Every society has its influential people and opinion setters hence we are meeting them before going to grassroots."
ReplyDeleteChidziva said their six million vote mobilisation campaign was not meant to counter that of their arch-rivals.
The Zanu-PF party is currently on a cell restructuring and verification exercise which is targeting to achieve five million supporters.
Zanu PF’s coercive power, especially in the rural areas is considerable, the rural voters are nothing short of medieval serfs beholden to the overbearing Zanu PF Landlords. Zanu PF has already mobilised its agents of coercion and has already made it clear the party is not leaving anything to chance.
MDC leaders know the party will never win any significant votes from the rural areas as long as Zanu PF’s retains all the lever of coercion. The only reason MDC leaders have refused to listen to reason and will participate in these flawed and illegal elections is because they know Zanu PF gives away a few gravy train seats to entice the opposition to participate. Zanu PF needs the opposition to participate because by participating they give the vote rigging Zanu PF legitimacy.
The nation is desperate for meaningful elections, our only sure ticket to end the dictatorship peacefully. The only other way to end the Zanu PF dictatorship and the curse of bad governance is either another military coup or violent street protests. Since Zanu PF will not hold free and fair elections, Zimbabweans should refuse to participate in these meaningless elections. Ultimately not even Zanu PF can force people to attend MDC rallies or to vote, especially in the urban centres.
One does not need a university degree to see that the 2013 Constitution is not a democratic constitution because it has again and again failed to up hold the people's freedoms and rights. The argument that it has failed to do so because Zanu PF has failed to align existing laws to the new constitution does not hold water. If this was so then why has no one taken one such offending law to the Constitutional Court to demand its scrapping on grounds that it is violating the supreme law of the land.
ReplyDeleteGeorge Charamba was boasting after the Amendment Bill No 2 was passed that Zanu PF had conned MDC leaders to accept the suspension of the running mate clause knowing fully well that when time comes the party would have the clause scrap. So Zanu PF thugs were always miles ahead and the one calling the shots.
Many people have dismissed Paul Mangwana's boasting that Mugabe dictated the 2013 constitution because they simply did not want to hear it. The way Zanu PF had been disruptive during the outreach phase and then stampede the nation into accepting the document without the opportunity to read it much less digest what they have read should have set alarm bells ringing.
The March 2013 constitution is a dictator's creed and those continue to refuse to accept this fact are not only deluding themselves but are they own worst enemy. In their foolishness, they are helping perpetuate the Zanu PF dictatorship.
The Zimbabwe Human Rights NGO Forum has filed an urgent chamber application seeking an order for Chief Justice Malaba to resign by 15 May 2021. According to the order sought, any action taken by Malaba after midnight of 15 May should be deemed null and void. The application is based on the legal grounds that the recent amendments to the constitution cannot benefit Chief Justice Malaba. Section 328 of the constitution that deals with tenure of judges cannot be amended without a referendum.
ReplyDelete“It is also the fault of the second respondent (Chief Justice Malaba) who by now should have proceeded on leave to allow for a smooth hand over and takeover. There was such a smooth handover and takeover when his predecessor left office. There has been no movement from second respondent’s end even before the bill was signed into law. The impression created is that he had waited for the bill to be signed into law.”
My understanding of Amendment Bill No 2 is that section 328 of the constitution has itself been amended, the clause demanding one should not be the beneficiary of an amendment has itself been deleted. The question then is what is the cut-off date? If Malaba cannot benefit from amendment Bill No 2 who can.
One of the weaknesses of March 2013 constitution is that it gave one the freedoms and rights in one section, made a big song and dance about it, but only to take them all away in another section. How many times have we heard the opposition politicians remind us all of our right to hold peaceful protest and how many times has the regime denied that right in the name of the law!
ReplyDeleteZanu PF has already passed Amendment Bill No 1 taking away the people's involvement in the appointment of judges and giving the power to the State President. Was this clause not protected by section 328 of the constitution demanding any such amendment must be the preserve of the people through a referendum? There was no such referendum in this case. Whatever clause Zanu PF used to push through amendment bill no 1, the regime will use it to push the second bill.
Some people want to give the impression that Mnangagwa is using the two amendment bills to compromise the separation of powers between the Executive and the Judiciary and thus erode the independence of the later and its democratic function to provide the check and balance. This is a false narrative because it is premised on the assumption the separation of powers was there before the amendments came into effect. This is simply not true, Zimbabwe's judiciary was already compromised.
Chief Justice Luke Malaba would have never declared the July 2018 elections free, fair and credible, for example, if he was not compromised.
The March 2013 constitution is not the robust democratic constitution many Zimbabweans think it is. The two amendments will make it worse but how much worse? How long is a piece of string! The nation should be concerned with rejecting the whole constitution and not just these two amendments.
The most effective way of ending the Zanu PF dictatorship is to demand the implementation of the reforms to ensure the next elections are free, fair and credible. The March 2013 constitution was supposed to deliver free, fair and credible elections but failed to do so as we know.
There are those who are making a big song and dance about fighting to stop Mnangagwa exercising the additional powers obtained from the two amendment bills. They are also determined to participate in the coming elections knowing fully well that Zanu Pf will rig and that, by participating, the will give the regime legitimacy. We, the ordinary people, must not allow ourselves to be fooled and join in the flawed and illegal elections!
@ Hamba Khaya
ReplyDeleteFew things remain clear from Mr Kika’s application
i) That Judges must not receive a favour from Executive.
ii) That Judges must be independent from any form of influence or be forced to do something.
iii) That Judges have a fiduciary duty to exercise judiciary authority on behalf of Zimbabweans.
These are clear cut arguments of Mr Kika. Now one asks “is Judiciary Services Commission an institute of the state”? The answer is yes it is an institution formed in terms of section 189 of Constitution.
Now section 164 164 Independence of judiciary
(1) The courts are independent and are subject only to this Constitution and the law, which they must apply impartially, expeditiously and without fear, favour or prejudice.
(2) The independence, impartiality and effectiveness of the courts are central to the rule of law and democratic governance, and therefore—
(a)neither the State nor any institution or agency of the government at any level, and no other person, may interfere with the functioning of the courts;
There are four points that to be said here:
1) It is wrong to suggest that the constitutional amendments were done by the Executive, it is the prerogative of the legislature to amend the constitution and that is exactly what happened.
2) The judiciary cannot amend the constitution especially that section affecting their own condition of service and so no one can.
3) It is argumentative to suggest that anything done to improve the conditions of service of the judiciary will be a favour and therefore certain to compromise the judiciary’s independence. In some countries like the USA judges are appointed for life or are otherwise certified physically and mental incapable to carryout their duties. Why should extending the tenure of service from 70 to 75 years compromise Zimbabwe’s judiciary.
4) It must be said here that Zimbabwe’s judiciary is NOT independent as the mountain of evidence shows. When Mugabe told Didymus Mutasa “In whose courts will you submit the legal challenge?” referring to the illegal booting out of Mujuru and her supporters in 2014. Everyone knew exactly what the dictator meant! It is naïve to say the least to suggest the two constitution amendments will compromise the independence of the judiciary because they were not independent before the amendments were passed!
PRESIDENT Emmerson Mnangagwa has defied public sentiment by extending Chief Justice Luke Malaba’s term by another five years.
ReplyDeleteMalaba was due to retire from the helm of the Zimbabwean bench upon tuning 70 this Friday
The real surprise here is that many people view this as the watershed marking the end of judiciary independence in Zimbabwe. The truth is there was no judiciary independence even before the amendments were passed. The article readily acknowledge that Malaba had given dodgy rulings in the past and so keeping him for five more years will mean nothing has changed.
@ Mbofana
ReplyDeleteIndeed, Zimbabwe's ruling establishment is merciless and brutal - much as I was to the snake - but, that should prove to the citizenry that, such action is purely inspired by an immense fear griping the perpetrator.
Armed with such knowledge, the people of Zimbabwe now need to be emboldened to fearlessly stand up for themselves, by taking advantage of the numerous rights provided for in our country's supreme law, and sticking by them - without harboring any other ulterior and illegal objectives - so that our voices are finally heard, respected, and implemented.
This has to be done with the urgency our long-running suffering deserves, as the recent actions by the regime in amending the Constitution for their own power-greedy ambitions, set a very dangerous and worrying precedence - which, could result in even more changes, most particularly removing all these rights we have today, but have not been fully utilizing.
Zimbabwe's ruling elite is more afraid of us, and the brutality and oppression are an expected reaction - however, just as the snake I encountered last night...had it reared its head, hissed loudly, and bravely stood its ground, probably, I would have turned away, and let it be.
You identified cowardice as one of the problems holding the nation back, I totally agree. However I would put ignorance as the biggest problem holding Zimbabwe back. You have talking of the people “taking advantage of the numerous rights provided for in our country's supreme law” to make their voices head. You would agree that the ultimate expression of the people’s wishes is in holding free, fair and credible elections.
Zimbabwe’s July 2013 elections, held just four months after the people had approved the new constitution, were not free, fair and credible.
So, the so-called numerous rights in the new constitution was nothing but a mirage! Ignorance made Zimbabweans vote to approve a new constitution that continued to deny them their basic freedoms and rights including the right to free and fair elections and even the right to life.
Zimbabweans were conned into participating is flawed and illegal elections by corrupt and incompetent opposition opportunists and sell-outs like Biti and Chamisa who claimed to have devised “stringent measures to stop Zanu PF rigging elections”. By participating the people gave legitimacy to the vote rigging Zanu PF. The ignoramus are gearing to participating in the flawed and illegal 2023 elections; they have learned nothing after 41 years of rigged election.
Without doubt, ignorance is Zimbabwe’s worst curse. What makes this worse is it is self-inflicted, decades of mental inactivity has resulted in many people’s brain ossifying into a useless lump of fatty tissue! The sheer stupidity of participating in elections to “win rigged elections” should be obvious especially after 41 years of rigged election – obvious to one with a working brain that is!
"The most important thing at AMH is Zimbabwe. We might disagree about who is in charge, but at the heart of everything that we do is Zimbabwe. Are we making progress as a nation, human rights, the development of our people, the education of our people?" Ncube said.
ReplyDeleteNcube said the Zimbabwe Independent and the AMH staff were patriotic and wanted the country to prosper.
"Our emphasis is that our journalism must not support a political party. We should not support the opposition; we should not support the ruling party. We should support what is important for Zimbabwe," he added.
This is something to aspire for but in Zimbabwe any pretence that it is a reality is a lie. The independent media has always been under great pressure to put the ruling party’s agenda above that of the nation and, in the end, Zanu PF’s wishes have prevailed. The independent media was a chicken caught in the hail storm; it was not out there foraging and whatever else chicken do all day, all its energy was spend of seeking whatever shelter there is and to alive.