Friday, June 14, 2013

Zimbabwe Elections Announced by President Mugabe: Mutambara Endorses,Tsvangirai Cries Foul

Mutambara endorses, Tsvangirai cries foul

Friday, 14 June 2013 00:00
Felex Share and Rugare Maranga
Zimbabwe Herald

THE proclamation of election dates by President Mugabe yesterday drew contrasting reactions from other principals in the inclusive Government as Deputy Prime Minister Professor Arthur Mutambaragave it the thumbs up, while Prime Minister Morgan Tsvangirai sang the familiar boycott tune, drawing brickbats from analysts who reminded him everyone submits to the law.

Mr Tsvangirai convened a Press conference at his party’s headquarters on being notified of the election date by President Mugabe and claimed Sadc was forcing him to contest the polls that he wants held on August 25.

While Mr Tsvangirai was damning the elections date, Deputy Prime Minister Mutambara — who is also a GPA principal — endorsed the date saying Mr Tsvangirai’s antics were out of sync with reality.

“If the reforms Tsvangirai wants were not done in four-and-a-half years, (of the inclusive Government) what will allow them to be done in three months?” he asked.

Prof Mutambara said there was nothing Sadc could do to reverse the election date because it is constitutional.

“The most they can do is to encourage us to work together or nudge us to work together, they cannot challenge Zimbabwean courts,” he said.

“We also should not pin too much hope on a foreign body.”

Professor Welshman Ncube’s MDC also welcomed the poll date, with his spokesperson Mr Nhlanhla Dube hailing the proclamation.

In a tweet sent just after President Mugabe proclaimed the date, Dube said: “Election date has been proclaimed. We are in full election mode.”

Constitutional Law expert, Professor Lovemore Madhuku said the announcement of the poll date was perfectly legal and constitutional.

“For the sake of the rule of law and constitutionalism, the country had to comply with the constitutional court ruling at all costs.

“In terms of the proclamation, voters are still allowed to register to vote beyond June 28 when we have the nomination court sitting.”

Law expert Mr Godwills Masimirembwa said Mr Tsvangirai’s utterances showed that he does not respect the rule of law.

“It shows that if he assumes power he is going to be a dictator who does not respect the rule of law,” he said.

Said political analyst Mr Gabriel Chaibva: “The finishing line is now clearly defined and drawn, let those who are seeking office get on their marks, get ready and go for elections.”

“Tsvangirai knows that most influential people around the world have predicted that he will lose that is why he wants to boycott the elections and hope this might lead to violence and demonstrations.”

Platform for Youth Development director Mr Claris Madhuku said Mr Tsvangirai was clearly afraid of defeat after several of his allies predicted in recent surveys that he would not win.

“Members of the MDC-T might be ready for the elections, but because Tsvangirai is looking at the fact that he might lose this election he wants to boycott them and go against the law,” he said.

Midlands State University lecturer Dr Christopher Gwatidzo said Mr Tsvangirai’s threats to boycott the elections would not scare away Zimbabweans from voting.

“If Tsvangirai thinks Zimbabweans will follow him in boycotting the elections he is going to be surprised, he will do it alone,” he said.

Another political analyst said Mr Tsvangirai should know that elections are not for political parties, but for the people of Zimbabwe.

“They are for the people Zimbabwe to choose a Parliament they want through which they can form a new Government,” said the analyst.

Apostolic Christian Council of Zimbabwe president Bishop Johannes Ndanga said Mr Tsvangirai wanted to boyctott the elections because he is aware he would not win.

“British and United States newspapers have predicted that President Mugabe will win, therefore, he is trying by all means to delay the elections so he can pave way for him to buy time and continue in the inclusive Government,” he said.

“We want him to participate in the elections.”

Council of Apostolic Churches of Zimbabwe national chairman Bishop Clemence Chisango said boycotting elections would divide people.

“As a church we want peace, we want to preach the word of God in peace,” he said. “Let us come to agree with the elections date.”

Zimbabwe National Chamber of Commerce president Mr Ozias Dinha said the proclamation of the date was welcome as long as business was not disrupted.

“For us, the major concern is the period building up to the vote, the period during the vote and the period after the vote,” he said.

“The country’s image must be maintained so that we continue to have the ability to maintain our current markets and create new ones.”

Addressing journalists in Harare yesterday, Mr Tsvangirai said he was pinning hopes on the Sadc Summit slated for Maputo, Mozambique tomorrow to reverse the date.

“No one can force anyone to go for an election,” he said. “You know as I did in 2008 when the run off was done I said I am not going to do that (contest). What stops me from repeating (boycotting)?

“I am not under any death sentence. We will assess the situation, but I can tell you that no one will force anyone to do anything. We hope that Sadc will have a consensus around (election) roadmap.

“Sadc should advise President Mugabe that what he has done undermines not only the credibility of Sadc, but his credibility of upholding the Constitution.”

He said in coming up with election date without consulting him, President Mugabe was pushing the country into a “constitutional crisis.”

Mr Tsvangirai claimed that the Presidential Powers (Temporary Measures) Act was “patently” not in compliance with the new Constitution.

He said as such, he had instructed his lawyers to file an urgent chamber application to stop elections from being held.


No one is above the law

Friday, 14 June 2013 00:00
Zimbabwe Herald

Zimbabwe is a constitutional democracy, which is why over the past four years we were seized with writing our supreme national law in which we crystallised our aspirations, ethos, rights and their

derogation or otherwise and how we would like to choose and be governed by our elected representatives.

That painstaking process, which was initially supposed to last no more than 18 months, took four years culminating in the adoption of a new Constitution that was signed into law by President Mugabe on May 22, paving way for harmonised elections now due on July 31.

Were it not for the nation’s stolid resolve to uphold and protect our constitutional democracy and constitutionalism, harmonised elections would have been held way back in 2011 after the initial 24 months the inclusive Government was supposed to subsist lapsed.

Now that the new Constitution is in place in the wake of a highly successful referendum, the logical thing to do in light of the pending expiry of Parliament within the next two weeks is to hold elections to choose a new Legislature from which the country would derive the new Executive.

That process appeared in danger of being derailed by some of the parties in the inclusive Government that seemed to be overly enjoying their stay in a coalition they loved to rap as dysfunctional at every turn, prompting one of the citizens affected by the dysfunctionality to approach the courts for relief.

The relief Mr Jealousy Mawarire sought was for the courts to compel President Mugabe to proclaim an election date before the expiry of the life of the Seventh Parliament at midnight on June 29.

The highest court in the land, sitting as a Constitutional Court, ruled seven yeas to two nays in favour of the applicant and ordered the President to proclaim the election date and hold harmonised elections by July 31.

And the President, having sworn to uphold and defend the Constitution, said he would comply with the court ruling which he duly did yesterday by proclaiming the election date.

Surprisingly, one of his partners in the inclusive Government, MDC-T leader Mr Morgan Tsvangirai believes he is above everyone including the Constitutional Court that ruled that elections be held by July 31. He wants them on August 25 no matter what the law or Constitution says.

Mr Tsvangirai should be reminded that Mr Mawarire’s application sought to compel President Mugabe to proclaim the election date. And in ruling in favour of the applicant, the Constitutional Court order was directed at President Mugabe in his capacity as Head of State and Government to proclaim the election date and ensure that the elections are held.

The order was not directed at the Prime Minister.

It is President Mugabe who would have been in contempt of court had he not complied with the ruling.

We would also like to draw Mr Tsvangirai’s attention to the wise counsel dispensed by Chief Justice Godfrey Chidyausiku as he delivered the Constitutional Court ruling, that was endorsed by six of his compatriots on the bench, that though the judgment was against the President, they hoped the Prime Minister and Deputy Prime Minister Arthur Mutambara would assist the President in complying.

Said Justice Chidyausiku: “It is my hope that, although the order of the Court is not against the second and fourth respondents (Prime Minister Tsvangirai and Deputy Prime Minister Mutambara), they will use their good offices to assist the first respondent to restore the rule of law to the electoral process.’’

DPM Mutambara has since done that while Mr Tsvangirai, in his wisdom or lack of it, continues showing the nation that he is not leadership material.

We find it quite ironic that after accusing the Constitutional Court of overstepping its mandate in interpreting the law and ordering elections, Mr Tsvangirai says he will approach the same court asking it to overturn its ruling!

It would have been funny if it was not so tragic. It appears Mr Tsvangirai’s dread for the fate that befell Belshazzar, co-regent of the Babylonian Empire, has derailed his faculties.

Belshazzar watched as an invisible hand scrolled the legend “mene, mene, tekel, parsin” (your days are numbered, your reign is being brought to an end for you have been weighed on the scales and found wanting) on the palace wall the very night his kingdom fell.

Several recent surveys have indicated that Zimbabweans have weighed Mr Tsvangirai and found him wanting, as did his domestic and international partners all of whom have either pointed to a Zanu-PF victory, ditched him and/or sought re-engagement with President Mugabe and Zanu-PF.

We couldn’t agree more with them given how the MDC-T leader has gone about proving to all and sundry that he cannot be trusted to swear to uphold the Constitution were he to win the elections.

Thankfully for this our man who believes he is above the law, just as it was with Belshazzar, the writing is on the wall.

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