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Tuesday 20 January 2009

When the brain dead come up with a fatally flawed defence for a Junta regime simple solutions become elusive.



Zimbabwe inclusive government President designate Robert Gabriel Matibili Mugabe the menace and prodigal Zanu PF supporter rediscovered Professor Jonathan Moyo MP Tsholotsho North Constituency
Could former Zimbabwe Minister of Information and Publicity and sitting MP for Tsholotsho North constituency Professor Jonathan Moyo along with the Inclusive Government Deputy Prime Minister designate and losing Zengeza East Parliamentarian aspirant Professor Arthur Mutambara have already placed themselves in the leading pack of 2009’s defenders of the indefensible in Zimbabwe?

It is early days yet. Distinguished and veteran defenders of the Junta, George Charamba aka Nathaniel Manheru, illegitimate Senator Patrick Chinamasa, illegitimate Minister Munyaradzi Paul Mangwana MP, illegitimate Deputy Minister Bright Matonga MP, Dr Tofatoona Mahoso, Munyaradzi Huni, Caesar Zvayi, Itayi Garande, Mthulisi Mathuthu, Reason Wafawarova and former MP Dr Sikhanyiso Ndlovu are as expected in the leading group that has been joined by Dr Ibbotson Mandaza and surprisingly Senator David Coltart.

If idiocy has been accepted to be the act of doing the same thing over and over expecting a different result then those named must be crass idiots.

All of them have to a nauseating degree advanced and still advance that Robert Gabriel Mugabe can at the advanced age of 85 years lead a political economic and social turnaround in Zimbabwe that he has failed to do over the past 22 years after he battered PF ZAPU into dissolving into his Zanu PF structures.
Facts on the ground however point in the other direction. Mugabe is no longer in charge of whatever is happening to Zimbabwe let alone to himself.
Mugabe and his Zanu PF are now hostages of the Military Junta he created and nurtured over 20 years in power as Head of State and another 8 years before that as Commander in Chief of ZANLA forces in Mozambique.
For all his fiery talk about his political opponents- not allies like Prof Mutambara and Welshman Ncube)-being puppets and or frogs or some such other derogatory form of existence Mugabe is today the weakest ruler and certainly not leader on planet earth who is most feared by his subjects but easily manipulated by his military handlers.
Mugabe’s numerous spokespersons official or self imposed alike are responsible for instilling this fear in his opponents.
But history is littered with evidence of former spokespersons that have sacrificed their all in defence of a perceived immortal only to be reduced to nonentities as soon as their idol is deposed and exposed as a mortal after all.
But being the idiots they always have been proven to be the spokespersons exceed tolerable limits in defence of the indefensible and in many instances ideas they have rather than those held by their idol.
They couch their language in such authoritative language as if it is coming from their perceived immortal handler and frightened subjects believe them thus making them more powerful surrogates of the powerful.
Zimbabweans have had their fair share of the rabid views of people who speak “on behalf” of real and perceived powerful politicians when on analysis they are speaking on their own behalf and only get away with imposed views because their powerful handlers ignore the surrogate speeches they invite public indignation and irritation to the handlers.
Professor Jonathan Moyo’s latest instalment published by Itayi Garande’s Zimbabwe Guardian (Talkzimbabwe.com) on 17 January 2009 is a classical example of a self appointed zealot couching personal opinion in language that he believes pleases the perceived master.
In the http://www.talkzimbabwe.com/news/130/ARTICLE/4088/2009-01-17.html Professor Moyo titled “Trading in false controversies destroying us”, he examined three recent topical issues concerning Inclusive Government partners consensus seeking by President designate Robert Mugabe on various national issues and appointments to key state institutions, High Court Judge President Rita Makarau’s comments on lawyers who criticise the Courts judgements outside of Court proceedings and the newly appointed Attorney General’s Johannes Tomana’s public confession to being a Zanu PF member.

In all the cases he concluded that nothing untoward had happened to justify the public outcry that followed the events “from those trumpeting the controversies,” as he put it.

First the “us” in his title refers to Zanu PF supporters and no one else. Second “those trumpeting the controversies” refers to MDC led by Tsvangirai sympathisers and supporters alike who have voiced concern on the issues.

After falsely declaring that all Zimbabweans “-excluding those who are brain dead” are members or supporters of either Zanu PF or MDC because “neutrals have become endangered species and the same goes for independents" –like him we presume.

Moyo pointed that those trumpeting controversy in the appointment of Tomana as the new Attorney General are at best naive or at worst untruthful about their pronounced fears.

He advances that because of the threat on neutrals and independents as well as the more compelling fact that “it is not a crime to be a member of Zanu PF or to support it, despite its suffering from self-evident leadership and policy failures, as it still remains the only major political party whose declared principles and heritage speak to the unshakable fundamentals of Zimbabwe’s nationhood.”

How far true that is remains purely for individual Zimbabweans to judge but if election results are anything to go about how the majority of Zimbabwean voters perceive Zanu PF’s declared principles and heritage represents their beliefs it would appear Prof Moyo is in the minority that share the beliefs he holds about Zanu PF.

He further premised his conclusion that it was honourable for Tomana to disclose his political orientation to the nation after he has held the Deputy Attorney General post in the country for several years and executed functions therein with distinction.

He argued that in the civilised world to which we presume he believes a political opponent bashing Junta in Zimbabwe belongs it was the norm rather than the exception for holders of such a post to be compelled to disclose their political affiliation long before they are confirmed.

He cited the appointment of South Africa’s National Prosecution Authority Director Mukotedi Mphse that was recently upheld to be political and USA President Elect Barack Obama’s nomination of Eric Holder a reputed and long standing Democrat for the position of USA Attorney General as a case in point.

That was impressive we must concede except that Professor Moyo deliberately excluded the critical reasons behind the moans and groans and cries over Tomana’s elevation to Attorney General.

Many Zimbabweans remember the Government advisory role Tomana played during the chaotic land invasions from 2001 to date and how he has failed to conclude High Court ordered prosecutions of Zanu PF thugs Mathew Mwale, Kitsiyatota Zimunya, Joseph Chinotimba and many others fingered in gruesome murders of Commercial farmers, Farm workers and MDC activists.

They hardly have anything to thank Tomana for in the backdrop of such dereliction of duty on his part as a legal practitioner and ex-officio officer of the courts and Deputy Attorney General responsible for equitable administration of a justice system that is heavily tilted in favour of Zanu PF supporters and sympathisers.

In contrast his South African counterpart is making headlines for going after a suspected corrupt ruling ANC party and aspiring next South African president Jacob Zuma and has been intolerant of violent crimes in his country.

Tomana has watched Dr Gideon Gono and many senior Zanu PF looting the fiscus and declined to prosecute them. Professor Moyo personally looted the fiscus to sponsor Zanu PF Galas and mount his election campaign for Tsholotsho constituency and Tomana did nothing to stop him abusing taxpayer’s funds on political party programmes.

Which Parliamentary vote of expenditure did he use to host Zanu PF Galas and beauty pageants?

Meanwhile the same Tomana was instrumental in formulating trumped up treason charges against MDC President Morgan Tsvangirai and Secretary General Tendai Biti.

Identified assailants of MDC spokesperson Nelson Chamisa remain immune to prosecution an so des the policemen and soldiers that have killed and maimed and savagely abducted, tortured, assaulted and raped thousands of political activists from MDC inside and out of State custody remain untouched by Tomana’s prosecutors because they are Zanu PF supporters.

More crucially he has assigned his chief Justice to crown Mugabe President after a clearly fraudulent Presidential run-off and has not ordered investigations into the murders preceding his current coronation.

If this is the record of service that makes Prof Moyo proud to the point of him wanting Zimbabweans to sing praises then something is definitely wrong with Zimbabweans who buy into that crap or Prof Moyo himself.

Which other Attorney General in the civilised world can match the vicious record of dereliction of duty that is behind Tomana?

Prof Moyo observed that the remarks by Judge President Rita Makarau’s that she and her court officers had had enough of the criticism of partial Court decisions by ex-officio court officers in private practice, were targeted at Beatrice Mtetwa, the current “reckless” President of the Law Society of Zimbabwe.

The reason for that was according to Prof Moyo, because Mtetwa made irresponsible statements after losing the case for abducted Jestina Mukoko and other MDC Activists due to her incompetence after which she then rushed contemptuously to the foreign media with a scandalous statement clearly calculated to harm not only the integrity of the judiciary but also Zimbabwe’s national interest.

That the same High Court over which Makarau presides had ordered unconditional release of the same detainees but had been overruled by the subordinate Magistrate Court was entirely lost to professor Moyo in his overzealousness to defend the Junta.

Does it make any judicial sense for a Minister of State Security too sign an affidavit and certificate overriding the High Court’s decisions on protection of Civil liberties and the Magistrate Court to abide by such a certificate and override a High Court Order without any evidence of an appeal having been noted in the Supreme Court over any matter?

Prof Moyo argued that Mtetwa’s national irresponsibility was aggravated by the background of the prevailing situation in the country and her being an unpatriotic Swazi national comfortably accommodated in Zimbabwe.

As far as we know Beatrice Mtetwa is a true Zimbabwean patriot who has selflessly defended Zimbabweans against State excesses in the demoniac situation obtaining in the country and has personally been subjected to vicious and demeaning physical and verbal assaults by Zanu PF thugs and militia.

Prof Moyo has never been subjected to physical ZANU PF violence and may never live to be subjected to it but we can assure him that his Swazi tribal jibe towards Mtetwa was in very bad taste and especially coming from him of Ndebele and South African tribal origins.

What makes him think South African descendants naturalised as Zimbabweans like him are more patriotic than Swazi descendants naturalised as Zimbabweans?

If anything Zimbabweans find Prof Moyo to be more reckless and unpatriotic in every sense than Beatrice Mtetwa.

Pity that she does not hail from Tsholotsho for if she was the MDC would have found a more commanding person to field against Moyo in the next election and he will see how unpopular he is.

According to Prof Moyo either it is because there is the rule of law in Zimbabwe or because she wants to be handsomely rewarded in hard currency by pretending to be fighting for human rights that motivates Mtetwa to approach the Courts with numerous applications.

Really cheap politicking by a Professor who himself amassed hard currency from Ford Foundation through legal and illegitimate access to his principal’s funds.

And When it became apparent he was at the verge of imminent arrest for fiduciary impropriety at the Kenya Ford Foundation he made good his escape to the safety of his place of origin South Africa from where he negotiated sanctuary with the despotic Zanu PF leader to lead the 2000 Constitutional rewriting exercise that ended in defeat for Zanu PF sponsors of the initiative.

Much worse the Zanu PF values system he lauds as representing Zimbabwean heritage paid him handsomely in hard currency during his tenure at the Constitution Commission and then appointed him Information and publicity Minister thereafter.

In that position he crafted the repressive AIPPA and POSA legislation to justify his worthy to have access to the preferential exchange rate that Mugabe extends to his cronies in senior government positions.

The same system now charges its citizens in hard currency for services it renders to them yet it pays its employees in useless printed paper money that looses value at the rate streams and rivers drain early summer torrential rains and flooding.

Talk of an African clay pot accusing cotton of being black!

Professor Moyo reserved his best for the last which was the real reason for his Zanu PF PR effort disguised as political comment when in fact it was an advance disclosure of the position paper the Professor had had prepared for the senile Zanu PF leader to in negotiations before the reconstituted SADC mediation team to form the elusive government that he desperately needs to regain lost legitimacy as Zimbabwe President.

Professor Moyo who immediately after the MDC national executive pulled its leader Morgan Tsvangirai out of the illegitimate and vile June 27 2008 Presidential runoff election falsely declared that Tsvangirai had dug his political grave and would be buried in it is now on a mission to lead the funeral procession that he predicted but that appears was inaccurately predicted.

Tsvangirai has never been the academic’s model politician and disappoints several Professors in Zimbabwe politics not list among them Jonathan Moyo whose aspiration to lead opposition against Mugabe and inherit the country presidency has fizzled into thin air because of Tsvangirai’s popularity with voters disenchanted with Mugabe.

Because of that disappointment which has degenerated into undisguised jealousy and hatred of Tsvangirai’s political successes that continues to increase in defiance of political logic if ever there is such a thing, Professor Moyo discredits anything and everything associated with Tsangirai and the MDC as “needless yet very damaging hullabaloo.”

Very damaging to who one wonders? “President Designate Mugabe of course, for being exposed as having violated the September 15 2008 political agreement between Zanu PF and the two MDC formations by defiantly continuing to govern, including making constitutional appointments, without consulting partners in the agreement from the MDC led by Tsvangirai when according to Prof Moyo he has done none such nonsense.

In Prof Moyo’s view the September 15 agreement was between and among political parties in their respective capacities. Because of that fact “there’s no way people who have taken an oath of office in government and are therefore accountable to the constitution and the law for what they do and say can freely share official and protected state information with people who have not taken a similar oath of office and who thus may be tempted to abuse the protected state information they receive during consultations without being held accountable in terms of the law.”

What a mouthful of crap! If the September 15 agreement was not an agreement to share governmental responsibility between Zanu PF and MDC that would be the case.

But the very essence of the September 15 agreement was for the political parties that won Parliamentary representation after the March 29 harmonised election to enter into a coalition government arrangement that could not be formed when the most critical segment of the harmonised election – The Presidential Election- was tempered with in such a manner that a conclusive outcome was not declared.

With that inconclusive outcome it meant that nobody including Mugabe had the legitimate right to form a government after his June 27 attempt to legitimise himself as president met with global resistance.

By his title Professor Moyo must rank amongst the most literate people in Zimbabwe. His illiterate mouthful that seems to suggest the September 15 agreement was between a legitimate government and political leaders when he has already accurately identified that it was between political parties in their respective capacities is nothing more than nonsensical political mischief.

If Mugabe has been legitimately sworn to govern in terms of the constitution and share official and protected state information with those equally sworn to the same constitution and are legally barred from abusing disclosure of such information what clause of that constitution gave him the right to negotiate government formation under regional SADC mediation let alone negotiate instead of constituting a government from a legitimate electoral mandate in his favour.

The whole world including Professor Moyo knows that the only reason why Mugabe signed the September 15 agreement to form an inclusive government was because his mandate as President expired on 29 March and he is desperately trying to remain President through the protracted negotiations.

It is for that reason that his actions that seems to suggest that he is exercising legitimate power when in fact he holds none such power nor is he in any way legally bound by a constitution under which his term of office has expired but is only in office because the Military will not allow him out nor will it permit anyone else to enter.

Are we to believe that the Zimbabwe constitution recognises Coup hostage Presidents as legitimate political leadership of the country?

As things stand in the country at present it cannot be disputed –other than by the brain dead- that Mugabe is at present no more entitled to protected state information than his counterparts in the September 15 agreement in terms of Article XXV of that agreement contents of which we are sure Prof Moyo is not only aware of but also overqualified to comprehend.

Article 25 of the agreement Prof Mutambara, Robert Mugabe and Morgan Tsvangirai consciously and willingly signed and are expected to be guided by in their political actions towards constituting a government from the ashes of the disputed 29 March Presidential election that reached an anticlimax end on 27 June 2008 is reproduced as a reminder for Prof Moyo and those who share his level of amnesia.

Article XXV
COMMENCEMENT
25. Commencement
This Agreement shall enter into force upon its signature by the Parties.


It follows that from this clause that any of the signatories has recourse to natural justice to enforce clauses in the agreement the minute after he appended his signature to it regardless of whether or not the clause is constitutionally provided unless that is specifically prohibited in the agreement.

When Professor Moyo was appointed by Mugabe into the 2000-2005 government he did not object that Mugabe discussed state governance appointments protected by the same constitution he now says bars him from discussing such appointments with Tsvangirai, Mutambara and or both of them.

It is nonsense and plainly ridiculous for Professor Moyo to suggest that Tsvangirai should not be consulted in appointments prescribed for such consultation in the agreement he has with Mutambara and Mugabe.

The current Zanu PF and Mugabe prescribed volatile situation in the country requires that, unless Professor Moyo has hidden agendas and the desire for Zanu PF and Mugabe to continue burning and crashing the nation, he and others in positions of authority must avoid the futile defence of a controversial Junta with nothing than misery to offer to the people of Zimbabwe.

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