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Friday 12 June 2009

The undisputed outstanding GPA issues.

Mugabe Tsvangirai and Mutambara have numerous outstanding issues to address in their Sadc imposed coalition government


The reason why Zimbabwe is currently being governed by a SADC imposed tripartite coalition of political formations can be traced down to one single factor of the politics of the country- fear.

Our country has been subjected to frightening levels of intimidating events that has left most of us quacking in our pants when circumstances call for us to stand up against open violations of our dignity as human beings.

The historical continuum of the country’s politics shows that the country has been under siege of megalomaniac political interventions that have traumatised generation after generation of its citizens.
From the South African invasions caused by Tshaka’s hegemony through Colonial invasions driven by British imperialism to Zanu PF independence hegemony and the current SADC imposed Coalition government Zimbabwean generations have had more than their fair share of irresponsible leadership in one form or another that has mellowed brave men and women to frightened cowards.

That fear is the most critical outstanding issue that must be addressed by the coalition government if the country entertains any thought of restoring the lost dignity of the generality of its citizenry.

It is the sole reason why we have succumbed to the rule by a government we never elected and are now contend to fire pot shots at from our enclaves in the vain hope that one of our missiles will hit the mark and free us with finality.

We are now happy to pour our grievances to a makeshift government that is half managed by the very leadership we grieve against in the hope that the half that has been leading the fight for our grievances to be addressed will somehow prevail without us adding our weight to their pull, push and shove or whatever form of action against our past and current nemesis now safely ensconced in the SADC imposed coalition.

It is out of fear that we exhibit behaviours that suggests tolerance of the coalition government when deep down our subconscious we hold misgivings about components in the bureaucracy, the legislature, the judiciary and the executive.

We all pretend a solution for our fears is in the offing from the very establishment we are afraid of. The stupidity of our pretences is exposed when our self imposed government acts in ways that rub it in us that we are indeed the cowards we know ourselves to be.

We now seem contended to sing the song that only those issues the three principal signatories of the 15 September 2008 agreement- dubbed the GPA for Global Political Agreement- declare to be outstanding to be the defacto outstanding issues needing to be addressed by the coalition.

This is the sad reality of the manifestation of our fear of the Government or alternatively National leadership.

Suddenly we are all pretending our misgivings about Mugabe’s militantly forced occupancy of the Presidency is no longer an outstanding issue in our quest for democratic governance are no longer issues this coalition government must address.

We even have the temerity to pretend that our concerns about selective application of the rule of law, impunity, violence, abuse by State functionaries, endemic corruption within and outside the bureaucracy, restrictions to free access and dissemination of information, restrictions to free association, restricted employment opportunities, dislocated infrastructure and service delivery, expropriated property, food insecurity, undemocratic governance through a flawed constitution and denial of right to choose our leaders are no longer outstanding issues unless the GPA principals say so.

This is the outrageous dehumanisation we have been subjected to by the fear of our leaders be they self imposed, Sadc imposed, elected or appointed.

It is out of fear that we are not able to openly demand the services we are taxed for from our government and leaders. We would rather openly support impunity and lawlessness that the leaders approve than stand up to them and chide them for promoting chaos.

This SADC imposed government that we are languishing under must more than any other government before it be held accountable to the letter and spirit of what they agreed to do that legitimised them as our government.

It is an indictment of our fear levels that we allow leaders who signed an agreement publicly and widely circulated it to still be able to stand before us and declare deadlocks over implementation of what they willingly agreed to and signed for before our very own eyes.

On 15 September 2008 Robert Gabriel Mugabe, Morgan Tsvangirai and Arthur Guseni Oliver Mutambara signed a document now called the GPA just under a clause reading;

“ARTICLE XXV COMMENCEMENT
25. Commencement This Agreement shall enter into force upon its signature by the Parties.”
That we should be discussing outstanding issues from that agreement is indicative of not just our fear but our hopelessness.
In that agreement the subscribers agreed on the following key steps to be followed in consummating the SADC imposed government;
i. To form a government in which Executive Powers and Authority would be vested in and shared among the President, the Prime Minister and the Cabinet, as provided for in this Constitution and legislation-Clause 20.1.1

They agreed that the President, Prime Minister and Cabinet shall exercise executive authority subject to the Constitution and the law.

They even went further to define that in the exercise of executive authority, the President, Vice Presidents, the Prime Minister, the Deputy Prime Ministers, Ministers and Deputy Ministers must have regard to the principles and spirit underlying the formation of the Inclusive Government and accordingly act in a manner that seeks to promote cohesion both inside and outside government.

ii. The roles and responsibilities of the cabinet were tacitly stated in clause20.1.2 while those of the president were spelt out in clause20.1.3 and the premier’s in clause 20.1.4.
In order to accurately determine outstanding issues we must of necessity visit these responsibilities within the guidelines set out in clause 20.1.1 to evaluate if the executive authority is exercising power within limits rather than just hallucinate emotionally about what should be considered an outstanding issue needing address by the coalition government as per their agreement which is not only their promise to us but also that of the agreement guarantors.

But evidence from State owned public media suggests outstanding issues whose origins are not traceable to the base agreement.

We are being battered to accept that the coalition executive has complied with the requirement to implement the agreement upon its signature by the parties when it took 5 months for the President to appoint the premier and his deputies as well as cabinet and even then a nominated deputy minister is yet to be sworn in 9 months after the agreement was reached on who will be sworn into cabinet.

The frightened scribes at the State owned media would rather sing praises about the delayed partial compliance with the agreement rather than lead us into questioning whether or not such partial compliance is within the spirit and letter of the agreement that legitimises this government and if not what should be done to force compliance.

The obvious breaches are not even supposed to be referred to the guarantors if the opinions from State owned media are anything to go by.

That is some measure of the fear of the coalition government gripping us.

iii. The signatories agreed on a government made up of a President specified by name as Robert Gabriel Mugabe, two Vice Presidents nominated by the President, a Prime Minister specified by name as Morgan Tsvangirai and two deputy Prime Ministers, one (1) from MDC-T and one (1) from the MDC-M as well as thirty-one (31) Ministers, with fifteen (15) nominated by ZANU PF, thirteen (13) by MDC-T and three (3) by MDC-M.

Of the 31 Ministers, it was agreed three (3) one each per Party, may be appointed from outside the members of Parliament. The three (3) Ministers so appointed shall become members of the House of Assembly and shall have the right to sit, speak and debate in Parliament, but shall not be entitled to vote.

In addition it was agreed that there shall be fifteen (15) Deputy Ministers, with (eight) 8 nominated by ZANU PF, six (6) by MDC-T and one (1) by MDC-M.

Is that the government we now have after implementation for us to agree, as we have done by our muted silence on the matter, that it is a closed issue?

The answer is obvious that we have a much larger government than what we were promised and we are silent about the breach because we fear this government to the same extent we feared the previous one.

iv. It was agreed that the Senate would be increased by a further six (6) appointed senatorial posts, which shall be filled by persons appointed by the President, 4 of whom will be nominated by MDC-T and 2 by MDC-M.

Is this the reality in our current Senate for us to agree that it is a closed issue?

Ten Senate seats were reserved for Provincial Governors to be appointed in terms of the26-27 SADC summit resolution that stated at resolution 7 as follows;
“7. In view of the above, the Extraordinary Summit decided as follows:
(i) the parties shall endeavour to cause parliament to pass the Constitutional Amendment 19 by February 5, 2009;
(ii) the Prime Minister and the Deputy Prime Ministers shall be sworn in by February 11, 2009;
(iii) the Ministers and Deputy Ministers shall be sworn in on February 13, 2009, which will conclude the process of the formation of the inclusive government;
(iv) the Joint-Monitoring Implementation Committee (JOMIC), provided for in the Global Political Agreement shall be activated immediately. The first meeting of JOMIC shall be convened by the Facilitator on January 30, 2009, and shall, among other things, elect the chairpersons;
(v) the allocation of ministerial portfolios endorsed by the SADC Extraordinary Summit held on November 9, 2008, shall be reviewed six (6) months after the inauguration of the inclusive government;
(vi) the appointments of the Reserve Bank Governor and the Attorney General will be dealt with by the inclusive government after its formation; and
(vii) the negotiators of the parties shall meet immediately to consider the National Security Bill submitted by the MDC-T as well as the formula for the distribution of the Provincial Governors;
Where are these governors and when were they appointed and in terms of what statute for them to be legitimate senators and thus members of the coalition government.

We are afraid to challenge the illegitimate incumbents’ legitimacy even where we have unsatisfied regional Sadc resolutions to back our protests.

Worse the coalition government is continuing to pay the illegitimate incumbents from our taxes and further boast that they have agreed to pay them severance packages for having their appointments terminated midstream of their appointment terms.

Even more pertinently what does our silence over the incumbency of a Senate Presidency by a person elected by illegally appointed elected senators like the provincial governors imply?

This is the outrage that perpetuates where the ruled fear the rulers.

v. It was further agreed that any vacancies any vacancy arising in respect of posts referred to in clauses 20.1.6 and 20.1.7(b) of the agreement would be filled by a nominee from the Party which held that position prior to the vacancy arising.

Has any of this happened for us to be satisfied it is no longer an issue requiring attention of the coalition government?

The same argument applies for the numerous electoral vacancies which were supposed to be filled through by elections that the president must decree on receipt of notification of the vacancies from respective organs in which they have occurred be it Parliament, Senate or the Local Authorities.

Why are steps not being taken to fill the numerous vacancies in the Senate, Parliament and Local Authorities?

Is it because the President has not been made aware of the vacancies for him to order by elections or is it because none of us have the stomach for elections let alone the courage to demand them from the coalition government as per our constitution and electoral laws?

The truth of the matter is it is our fear that allows government to be in dereliction on such critical democratic governance requirements as timely by elections.

vi. It was agreed that a Joint Monitoring and Implementation Committee ("JOMIC") to be composed of four senior members from ZANU-PF and four senior members from each of the two MDC Formations would be constituted to ensure compliance with the agreement at implementation stage.

Indeed the JOMIC is in place but is it satisfactorily functional and effective for us to remain silent about its performance.

What is our take on JOMIC agreeing a share of Provincial Governors that is not implemented for months on end?

vii. It was agreed that the coalition Government shall ensure that steps are taken to make the security forces conversant with the Constitution of Zimbabwe and other laws of Zimbabwe including laws relating to public order and security.

Has anything been done in that regard to satisfy us that the matter is closed or are we still witnessing rampant wanton persecution of the citizens by a rogue military establishment that does not even respect the office of the Prime Minister with the same honours it used to give the office when it was held by the current President.

The majority of us are not happy with the attitude and demeanour of our Security chiefs and would be elated to see their backs out of office but we sit back and pretend all is fine in the management of our security forces.

We have taken the same attitude on the confirmed appointments of permanent Secretaries on the false notion that they are apolitical professional office bearers when we all know to the contrary.

Are we sure that George Charamba, Misheck Sibanda, Mariyawanda Nzuwa, William Manungo, Christian Katsande and many other Permanent secretaries are not in office solely on the basis of their qualifications and experience and not because of their patronage of Zanu PF?

Are we satisfied that Augustine Chihuri, Paradzayi Zimondi, Happyton Bonyongwe, Constantine Chiwenga and all the senior security forces commanders are professional military personnel ahead of being Zanu PF functionaries?

We know the truth that these men are the reason why we are now saddled with the loathed Presidency of Mugabe but we are afraid to rock the boat by singling their continued stay in office as an outstanding issue requiring the urgent attention of this government is the democratisation process has to move forward.

viii. The parties further agreed that implementation of the agreement shall be guaranteed and underwritten by the Facilitator, SADC and the AU.

Why are we then against the referral of sticking matters to these bodies by any of the parties if they remain unresolved and unimplemented nine months after the signing of an agreement which came into effect the moment it was signed?

ix. To ensure smooth and legal implementation of the agreement the Parties agreed that they shall cause Parliament to amend any legislation to the extent necessary to bring this agreement into full force.

We are all aware that such legislation has been passed through the Constitutional Amendment No 19 (CA No19) and the National Security Council Act that disbanded the Joint Operations Command (JOC).

Whereas the agreement was annexed as a schedule of the Constitution and is now part of our country’s supreme law from which the executive draws its power and authority there are many instances of inconsistency with the constitution that are not being legally addressed by this government.

Sporadic lawlessness on commercial farms, disobedience of regional and national courts orders, insubordinate and treasonous threats from the military commanders, politically motivated prosecutions and persecutions, presidential refusal to swear in nominees, unilateral appointments of key personnel and generally despondence towards some of the clauses agreed upon prevails in this government.

We observe the occurrences in silence as if we all condone the inconsistencies and variances.

All because we are afraid to do what we know should be done to errand administrations- protest in our multitudes.

x. The parties agreed to constitute a committee composed of 2 representatives from each GPA subscribing political formation each to review on an annual basis progress on the implementation and achievement of the priorities and objectives set out in this Agreement, namely: Economic (restoration of economic stability and growth, sanctions, land question) Political (new constitution, promotion of equality, national healing and cohesion and unity, external interference, free political activity, rule of law, state organs and institutions, legislative agenda and priorities) Security (security of persons and prevention of violence) and Communication (media and external radio stations).

Who is in that committee or will it be formed at the anniversary of the signing of the agreement to review undocumented records of the coalition government?

Why is the absence of this implementation review committee documenting transgressions and achievements not causing anxieties in us?

We fear don’t we that like JOMIC this review committee will not be any more effective in changing behaviour in the coalition government and it won’t change much if we have it or not.

xi. The parties agreed a detailed Constitution making process that was detailed in article VI of the GPA. It was agreed that the coalition union would be reviewed at the end of the constitution making process.

The process is already facing teething problems in that it is at variance with what the Civic groups expected of the process and Zanu PF is now opening a new dimension to the challenges by stating the desire to have the process deferred on account it is not well funded domestically.

The question that arises from Zanu PF concerns is when they agreed to the process in September 2008 where did they think the funding would come from give that they were aware of the bankruptcy of the State?

If the constitution making process is deferred as demanded and yet it is the basis upon which the lifespan of the coalition government is premised are we not witnessing a deliberate attempt to prolong longevity of the coalition and thus political relevance of parasites in the imposed arrangement?
Why are we not prepared to stand up to this inconsistence and make it known that we will brook no tolerance to imposed rulers extending their unwelcome stay a minute longer than is necessary to restore our stolen franchise in state governance?

We are all a frightened lot and we are reaping the results of our cowardice.

That is why we are now incensed about the Gono/Tomana variance instead of the real issues of the continued impunity led by the JOC, Top bureaucrats and condoned by President Mugabe.

We are even willing to listen to the nonsense peddled by State media that Western imposed sanctions are the only outstanding issue to be addressed by the coalition when we are clear that the imposers will not be persuaded to review the restrictions they imposed unless the reasons for which they were imposed are addressed.

We all know that those reasons are within and not outside our government.

The president or whoever can send as many emissaries as he deems necessary to tackle the sanctions in western capitals but for as long as he does not assign emissaries power to remove the internal reasons that justified the westerners decision to impose sanctions the coalition will not attract the sympathy and aid it yearns for from those countries.

The limited and strictly monitored humanitarian aid that will trickle into the country will bypass the RBZ governor and military establishments will be excluded from beneficiary ship.

If Zanu PF thinks it is setting the Premier on a collision path with security chiefs they are day dreaming.

As more and more humanitarian aid is availed to non military establishments the junior operatives will feel the bite and question why other sectors are benefiting from government initiatives except for their critical sector.

It will crystallise in their minds that their commanders are the stumbling block and they will do something about that. Not against the PM but their commanders who include the President mark my words.
There are several outstanding issues that this coalition must address forthwith and they include the ones the premier alluded to and those the GPA promised us that have not been fulfilled to date.
We must learn to stand up against political leaders who impose their will on us instead of serve our demands.
Military Commanders must be replaced for national healing to commence. Likewise Provincial Governors, Gono and Tomana must be relieved of their duties because their appointments were not consistent with the letter and spirit of the GPA.

Edna Madzongwe’s election as Senate President must be nullified and fresh elections called after the house has been properly and legitimately filled in terms of the constitution. She is president of the house courtesy off votes of illegally appointed governors.
The editorial staff at State owned media must be retrenched and fresh applicants called to reform the institutions in charge of national information dissemination.
The coalition must never be allowed to delay or defer its critical objectives that justify its existence.
The economic turnaround must be pursued with more vigour by removing any internal hindrances to attraction of direct foreign investment.
The constitution making timetable must never be tempered with. Any procedural variations to the process must be timed to deliver the constitution within the agreed timeframes.
Democratisation and economic management are permanent responsibilities of any government and must be pursued with never ending vigour.
Talk of outstanding issues from an agreement signed 10 months ago must not be tolerated from the leadership. They must be told that they have had enough time to address those issues and must now be focussed on delivering on their promise to restore back our power which was usurped by SADC.

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