HOW DO YOU BATH WITHOUT A SOAP 2?

Author: BLESSED MUPATSI with MBONISI SIZIBA.

On my last article l tried to unpack Vision 2030 using precedent on the events that led to the 2008 hyperinflation. I highlighted on the need for implementation of reforms. Zimbabwe’s problems are a complex combination of multifaceted issues that are politically driven. Zimbabwe is a beautiful country with rich natural resources, it houses a world wonder (Victoria Falls), one of the most educated and hardworking population in the continent. Some of the problems that the Southern African country is currently facing include 90% unemployment rate, six million people leaving in the diaspora, human rights violation, poverty (approximately eight million people living on hand to mouth), inflation. These problems are deep rooted they go beyond natural disaster experiences (series of drought and cyclone). 

One of the problems that has affected Zimbabwe for decades is rigging of elections. An election is a procedure where people or citizens choose holders of public offices (president, members of parliament). An election is a democratic process; in Zimbabwe, this process is chaotic. The ruling party Zimbabwe African National Union- Patriotic Front (ZANU-PF) is accused of rigging elections even under the rule of the late former President R.G Mugabe. The right to vote is at the epicenter of an electoral system and every citizen is entitled to enjoy that right. However, six million Zimbabwean citizens living in the diaspora do not enjoy this right. An election must be conducted in a conducive environment the election must be free, fair and peaceful. There is nothing that the Zimbabwe Electoral Commission (ZEC) or the Electoral Act has done to ensure a conducive environment during the electoral process. The Commission has no role whatsoever in ensuring respects for fundamental human rights such as freedom of association and expression, which are essential to the holding of free and fair elections.ZEC as is established by the Electoral Act to oversee the election process. Therefore, to avoid bias and favouritism ZEC must be an independent body. To evaluate on whether ZEC is independent we will have to analyse how its members are appointed. Its chairperson is someone who is a judge or a person qualified to be a judge.

           180 Appointment of judges

(1) The Chief Justice, the Deputy Chief Justice, the Judge President of the High Court and all other judges are appointed by the President in accordance with this section.

(2) Whenever it is necessary to appoint a judge, the Judicial Service Commission must—

(a) advertise the position;

(b) invite the President and the public to make nominations;

(c) conduct public interviews of prospective candidates;

(d) prepare a list of three qualified persons as nominees for the office; and

(e) submit the list to the President;

whereupon, subject to subsection (3), the President must appoint one of the nominees to the office concerned.

(3) If the President considers that none of the persons on the list submitted to him or her in terms of subsection (2) (e) are suitable for appointment to the office, he or she must require the Judicial Service Commission to submit a further list of three qualified persons, whereupon the President must appoint one of the nominees to the office concerned.

(4) The President must cause notice of every appointment under this section to be published in the Gazette.

In appointing the chairperson, the President only consult the Judiciary Service Commission. The other members of ZEC are appointed by the President from the list of nominees submitted by Parliament’s Committee on Standing Rules and Orders. The ruling party Zimbabwe African National Union-Patriotic Front (ZANU-PF) dominates the Committee on Standing Rules and Orders that submits the list to the President. The citizens of Zimbabwe have no role in appointing a Commission that is meant to safeguard their rights. The Constitution and the Act does not guarantee that the Commission is independent. To make the situation fatal the Commission must seek permission from the ministry is they want to make any regulations or Statutory Instrument see section 192(6) of the Electoral Act. It is clear that ZEC is dependent commission thus, election are bound to be unfair. See Prof. G. Feltoe a Critical Analysis of the Zimbabwe’s Electoral Laws In Relation To SADC’s Principles and Guidelines.

Land was one of the key causes of the Chimurenga War , so post-independence land was a key issue that was supposed to be resolved. The first policy agreed upon during the Lancaster House Conference “willing seller, willing buyer agreement” which was in effect for ten years beginning in 1980. After ten years, the government came up with a new policy by passing the Land Acquisition Act in 1992. This policy allowed government to acquire, agricultural land deemed unproductive for compensation. By July 1997, government had only acquired 3.5m ha and had only managed to resettle 71,000 families out of the 162,000 target. This phase of land reform had failed because millions of Zimbabwean were still homeless and others overcrowded in communal lands. In the beginning of 2000 led by war, veterans the landless black Zimbabweans invaded and seized white farms. In 2002, it passed the Land Acquisition Amendment Act to put a formal structure to the on-going fast track land reform program. They planned to acquire farms and resettle the farm invaders who had settled themselves. Recently, the government has taken some steps in changing the land policies see Alex Magaisa BSR:On the issue of Land Compensation however; the land issue is far from being resolved. The government owns the land and it can take it back at any time and this scares investors. The current leases (99-year leases) are not bankable. The government must not nationalise agricultural land but privatise it. 

The military has played a pivotal role in the political and economic sectors of Zimbabwe however, under the Mnangagwa regime its influence has increased drastically. Mugabe’s regime of 37 years ended through a military coup in 2017. The leaders of the coup hold to offices in the Mnangagwa regime. Former generals Dr. C D G N Chiwengais the Vice President, Sibusiso Moyo is the foreign minister, and they represent the interest of the military in the cabinet. The current government has abused the security sector (police, army, intelligence). Security forces have been unleashed on members of the opposition, members of the health sector, government critics, journalist, student activists, protestor general on anyone that opposes government. The security sector is a national institution it does not belong to any individual or a party. Therefore, the military must serve the interest of the people and not of the ruling elite. 

In the previous article the need of an independent judicial in Zimbabwe was pondered upon advocating against the provisions of Constitutional Amendment Bill. The judiciary has a long history of bias towards the ruling elite. In government there are three arms the executive, judiciary and legislature who must be independent. The Supreme Court seating as a Constitutional Court ruled that the military coup was legal. Judiciary reforms are slow especially in the establishment of the Constitutional Court, the Bill was tabled late before Parliament. With the introduction of the Constitutional Bill Amendment Act, there are no efforts to reform the judiciary see Blessed Mupatsi Submissions on the Constitution of Zimbabwe Amendment (No.2) Bill, 2019. Recently, there are corruption allegations against the Chief Justice Luke Malaba, a month ago judges wrote to the President a letter complaining about the interference in the discharge of their duties by Malaba. ‘What is repeated in the public domain and on social media about the capture of the Judiciary is no longer fiction or perception, it is in fact reality’ the judges wrote to ED. Judicial system is now a weapon of the ruling elite to deal with those who do not toe the line of the Lacoste regime. Moreso, in a leaked letter that was addressing the President it shows that a law firm in which Malaba’s daughter is a partner is providing legal service to the Judiciary Service Commission (charges by the law firm are most likely not subject to scrutiny).

Historical aspects of the need of reforms in Zimbabwe need to be put in black and whiteto incorporate the future generations. In order to achieve that one would definitelycompile a detailed publication. However, these are the major aspects l believe Zimbabwe should reform for us to not repeat the 2008 hyperinflation history. The question that arises is why wont the Lacoste regime implement these easy reforms, the answer to that is simply they will lose power. This week marks 3 years after Mugabe was toppled via a military coup, the next article will examine what the Lacoste regime has done in these years. ‘I intend…to serve our country as the President of all citizens, regardless of colour, creed, religion, tribe, totem or political affiliation,’ these are the words of Mnangagwa on Friday 24 November 2017 when he was sworn in as the President of Zimbabwe. ED highlighted on most occasions that Zimbabwe had moved to a ‘new dispensation’ that would respect human rights, execute free and fair elections, implement the necessary political and economic reforms. Most people including myselfthought the Lacoste regime was here to liberate us. Mnangagwa was like a messiah that Zimbabwe was desperately in need of . After 3 years in power to what extent has Mnangagwa fulfilled his promises?