Sadc: Zimbabweans look up to you

HARARE - It remains mind gobbling to witness the breakdown of the rule of law being perpetrated ostensibly for the purposes of complying with a Constitutional Court ruling, which might lead Zimbabwe to a deeper political turmoil.

The following illustrations explain how political processes in Zimbabwe are being manipulated on the guise of upholding the rule of law, yet in reality, the procedures and actions are meant to protect individual interests.

President Robert Mugabe’s unilateral proclamation of the electoral date for the 2013 harmonised elections and the controversial enactment of the electoral amendments have brought to the fore a fundamental question as to which one is the greatest political “commandment”?

I would like to suggest that to political dictators the answer to this question is, “guard your personal interest and political power all the time jealously.”

This is exactly what we have been witnessing in this country over the past four weeks. However, what is important is to have leaders who are selfless and who can forgo individual interests and benefits for the betterment of the whole nation.

Instead, the whole nation is being sacrificed for not only sectoral interests but also deceitful willingness to comply with the law.

In line with the above, it can also be noted that the court is becoming more powerful than the law itself. When a court order is regarded as a law in itself then surely the country is sliding back to the state of nature.

While every peace-loving citizen would wish to comply with the court judgment, it is the duty of everyone to challenge contestable rulings and judgments.

This is mainly because an unjust law is no law at all.

It therefore follows that an unfair judgment or court order becomes illegitimate.

Concerning the evocation of Temporary Measures Act, it can also be noted that such laws were misused especially in the particular case of elections.  

The 1986 Presidential Powers Temporary Measures Act  sought to “... empower the President to make regulations dealing with situations that have arisen or are likely to arise and that require to be dealt with as a matter of urgency; and to provide for matters connected therewith or incidental thereto.’

The powers should be invoked if the situation concerned cannot be dealt with through any other law.

However, the issue of harmonised elections could have been dealt with, taking into consideration various factors such as the agreed roadmap to the elections and the need to consult other players.

Mutambara’s endorsement is a non-event for the professor’s behaviour is as if he is now 100 percent Zanu PF.

The truth will be known very soon, when he will receive his rewards for standing for the so-called revolutionary party.

This and other dubious endorsements will not create an environment for a free and fair election.

Tobaiwa Mudede seems to have joined the band in breaking the law for upholding a narrowly defined rule of law.

According to the new Constitution, the 30-day voter registration is mandatory. However, when someone unilaterally changes what the three political parties have agreed to, the whole process becomes questionable.

Then Zanu PF will not be ashamed to claim that their strongholds are registering highest numbers of new voters.

What they want people to believe is that prospective voters in MDC strongholds are not willing to vote.

However, the truth will be known soon after elections whether these prospective voters are registering for change or to restore Zanu PF’s power.

It will be unfortunate for some blinded politicians when they realise the new voters wanted to vote for change.

Finally, the ball is in now in the hands of Sadc. Zimbabweans will be eagerly waiting for the Sadc resolutions.

Concerning the election date, Sadc is likely to say, “Your Excellence we would like to express our appreciation to your commitment to “rule of law”, but we fundamentally disapprove your proposed date before the necessary reforms are in place”.

When this happens, Mr President will be left with clean hands especially in the eyes of his party members who want elections like yesterday.

Thus, maybe the law is being manipulated so that one man will not be blamed for either postponing or delaying the elections. - Staff Writer

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