A case to watch and a name to remember: Moven Kufa
The Research and Advocacy Unit (RAU) have circulated an article (written by Derek Matyszak) focussing on the unconstitutional composition of Zimbabwe’s Ministers. They conclude that this is a case to watch very carefully, even if its one that has slipped under the radar.It’s especially salient during this time of constitution-making in Zimbabwe.
Reporters and commentators on the outreach process have on several occassions flagged the possibility that the entire constitution process might end, not with the people’s views and opinions being enshrined into a legal document, but in a negotiated settlement in a back room somewhere between suited representatives of political parties. Zimbabweans have reason to be concerned because there is a recent precedent for this sort of tactic; namely, the Global Political Agreement which led to constitutional amendments that in turn would allow for shared power.
In 2008 the people of Zimbabwe were encouraged to ‘do something’ – we were asked to turn out and vote. The idea behind this is that the people would get the government they wanted. It may seem rather obvious to spell out this basic process of elections but it is necessary, because in Zimbabwe that is not what happened. Instead, we were presented with what we didn’t want: a negotiated agreement with wide compromises on critical issues. There is an argument that this is the only way forward, the only option available to us, and sadly, that may well be the case. Not because it is the only way forward but because far nobler and more principled alternatives have been abandoned in a vicious dirty fight for power and influence. I mean, it would be nice if regional powers clubbed together and insisted Zanu PF respected the will of the people, but hey, I now accept that I expect too much of Southern African regional powers.
In 2010 the people are now being asked to do something again: this time they want us to turn out and share our opinions so we can have a new constitution. As with elections, there is a lot of political lip-service being paid to the notion of how important it is that the people’s views are heard: Robert Mugabe, for example, said as much when he opened Parliament this week. But by now, some of us among that group referred to as ‘the people’ are beginning to feel jaded and disenchanted. The RAU’s article only underscores this.
It is a fact that the composition of the Ministers is inflated beyond the numbers stipulated in the amended constitution. All three of the main parties swore in more Ministers than they should have, so they have all ignored the constitution, or to ‘say it like it is’, they all broke the law. It is also a fact that the Global Political Agreement has been breached by all three parties since power-sharing began – check out our ZIG Watch page if you have doubts about that.
So Zimbabweans can be forgiven for wondering whether turning out to an outreach meeting is a waste of time based on a concern that it is possibly little more than an exercise designed to rubber-stamp the fcat that the government has ‘good principles’. We can also be forgiven for wondering whether, when we do have this new constitution (assuming it’s one we want), the parties will uphold it and respect it!
As for me, I can’t help wondering why we as Zimbabweans keep tolerating this intolerable rubbish from our leaders! Thankfully, one man hasn’t.
The RAU report tells us that it is one citizen who dared to take this on: that man is Moven Kufa, and he has taken the unconstitutionality of this bloated executive to court. If I ever meet this man, I am going to shake his hand for at least five minutes. Good for him and the Voice for Democracy Trust who have supported him!
It is a case to watch closely, not only to see whether the rule of law will be upheld in Zimbabwe and how the former opposition parties will defend themselves during the court process, but also because, as RAU point out, that little troll Saviour Kasukwere is one of the ‘extra’ ministers tacked on at the last minute. I should note that RAU didn’t call him a troll: I did. What the RAU said was this:
Finally, a crucial point (if Kufa’s application has merit) which has not been highlighted to any extent in the media, is that Saviour Kasukwere is among the extra Ministers. If his appointment is ruled invalid, then he had no more right to make Regulations concerning “indigenisation” than you or I. The Indigenisation and Empowerment Regulations may thus be ruled invalid and the extensive brouhaha around them of little relevance – a point which may yet be taken by an affected company.
We’ve posted the full text of the RAU article in this post here. Read it, and marvel at the bizarre and outrageous complexity of Zimbabwe’s power sharing dynamics.
July 15th, 2010 11:54
I think it is 100% certain that the constitution document will be a complete mess. The question is whether it will pass the referendum.
In my opinion, the best way to write a constitution is to start with the US ones – each state of the Union has its own constitution, and there is the brilliantly concise and effective one for the USA as a whole. All of these have been proved by time to work well in a world full of crooked politicians.
A few changes might be needed, but people should resist the temptation to add on things which should be ordinary laws. A constitution is about how to make the laws, not about the laws themselves.