Junta's Head Juror Patrick Chinamasa
The Zimbabwe Junta’s jury verdict on who is responsible for stalling the formation of the inclusive government panacea for the country’s crises is out.
No price for guessing who the culprit is.
Morgan Tsvangirai the MDC leader who won the 29 March2008 Presidential elections but whose inauguration was barred by the Junta who substituted him with runner up contestant and Zanu PF octogenarian leader Robert Mugabe is the culprit according to the verdict.
He has introduced new demands formulated by his handlers in the USA reads the verdict in part.
The new USA President Barack Obama elected on 4 November 2008, 7 months after the Zimbabweans elected Tsvangirai, was seamlessly sworn in, on the day after the jury sat.
Zimbabwean despot and Junta front man Robert Mugabe had failed to persuade SADC leaders mediating the crisis to prevail on Tsvangirai, to join him in an inclusive government where he would be a window dresser.
That was why the Jury was hastily convened to consider what had gone wrong and identify the culprit convict and sentence him.
It says a lot about what sort of a jury has passed the verdict and under what sort of compelling circumstances.
Tsvangirai, Mugabe and Mutambara signed a tripartite entente dubbed the Global Political Agreement (GPA)on 15 September 2008.
This wasthe outcome of several months of haranguing between the March 2008 Presidential winner and the June 2008 Junta imposed substitute "President."
Mandated and unmandated negotiators representing Tsvangirai, Mugabe and Professor Mutambara respectively had spent two years talking but failing to agree any meaningful positions to halt the dysfunctional political polarisation in the country.
In terms of that agreement triggered by an AU resolution passed by the African Union (AU) at its Extraordinary meeting in Sharm El Sheikh Egypt on 2 July 2008 and assigned to the Southern Africa Development Community (SADC) for mediation, it was agreed that a government would be formed wherein Tsvangirai would be Prime Minister, Mugabe President and Mutambara co-Deputy Prime Minister with a nominee from Tsvangirai.
The key attitudes, behaviours, components and procedures identified there inas prerequisite to forming the government were agreed to be;
1. commitment to work together,
2. restoration of economic stability by addressing negative impact of sanctions and closure of the land redistribution chapter,
3. cessation of political hostilities,
4. recognition and respect of national events and institutions,
5. avoidance of foreign interference,
6. guaranteed free lawful political activity for all,
7. upholding of the rule of law and respect of the constitution,
8. freedom of assembly enforcement re-education for the police and other law enforcement agencies,
9. none party political interference with state organs institutions operations such as Traditional leaders,
1o. Youth national service training and humanitarian food and aid distribution.
To expedite attainment of these desired values the parties agreed to expedite legislative agendas, guarantee safety from violence to all people and freedom of expression through the state controlled media and opening avenues for foreign based media to localise.
Parties further agreed on a government framework where Executive Authority of the Inclusive Government shall vest in, and be shared among the President, the Prime Minister and the Cabinet, as provided for in this Constitution and legislation and painstakingly defined the Executive role of each component.
The Executive structure was agreed to comprise a President’s office, which shall continue to be occupied by President Robert Gabriel Mugabe, two (2) Vice Presidents, who will be nominated by the President and/or Zanu-PF, a Prime Minister’s office, which shall be occupied by Mr Morgan Tsvangirai, two (2) Deputy Prime Ministers, one (1) from MDC-T and one (1) from the MDC-M.
In addition to that the parties agreed that there shall be 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, 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.
The 31 Ministers would have below them fifteen (15) Deputy Ministers, with (eight) 8 nominated by ZANU PF, six (6) by MDC-T and one (1) by MDC-M.
Such Ministers and Deputy Ministers it was agreed, may be relieved of their duties only after consultation among the leaders of all the political parties participating in the Inclusive Government.
The legislative House of Assembly was by this agreement expanded by six additional members to the 210 seats to accommodate the Prime Minister and his two (2) deputies as well as the three (3) unelected Ministers one each per subscriber party that could be appointed.
The legislative Senate was expanded by another six unelected seats to allow Morgan Tsvangirai and Arthur Mutambara to nominate balancing Senators to the allotment of 5 Mugabe can nominate from his party ranks.
Any vacancies that will arise in the inclusive government structures would be filled by the party from which the vacancy was initially allotted in terms of the agreement.
Any other vacancies that would occur in the Senate or Parliament within one year of the date the agreement was signed would equally be the responsibility of the party to which the cause of the vacancy is ascribed to fill without the necessity of a by election being held.
Overall implementation and monitoring control of the September 15 agreement was assigned to a Joint Monitoring and Implementation Committee (JOMIC) made up of four senior Party members from each of the signatories of the GPA.
It is not clear if the Junta jury’s verdict was premised on JOMIC implementation reports or other unknown sources.
The implementation process was however envisaged in the agreement to start with Parliament enacting a constitutional Amendment No 19 to give formal existence to the created Office of the Prime Minister and his deputies as well as the new structure of the National Security Council.
The Inclusive Government President Designate was empowered by the agreement to invite the designated Prime Minister and his Deputies to join him and his nominated Vice Presidents in an interim ruling council pending their official confirmation after passage of the envisaged Constitutional amendment in the legislature.
He did not do that and instead simply nominated and swore in his Vice Presidents and then started to behave as if he was in sole charge of implementing the GPA by proceeding to appoint Provincial Governors and his allotted 5 Senators, gazetting Cabinet Ministries allotted to each party to the GPA and then convening Parliament.
It took nasty events in Parliament when his the Zanu PF and MDC –M sponsored contestant for Parliamentary Speakership Paul Themba Nyathi was soundly beaten to the post by MDC-T sponsored candidate Lovemore Moyo and the following day Mugabe was heckled and humiliated when he opened what was to be the first session of the Inclusive Government Parliament under his control for Mugabe to realise it was never going to be business as usual thereafter.
Moyo’s election as the Speaker had shifted the control to MDC-T and ensured Zanu PF was no longer in the driving seat for government business.
This is the setback that set the tone for further negotiations on power sharing Mugabe had for all intends and purposes shelved in preference of him individually appointing the government and presiding over it.
The verdict passed avers that by claiming to have Constitution Amendment No 19 passed by Parliament, likewise the National Security Council Act, equitable distribution of Provincial Governorships among the parties, nullification of Mugabe’s unilateral appointment of the Reserve Bank Governor and Attorney General, six Provincial Governors, equitable distribution Cabinet Ministers, Permanent Secretaries, Heads of Diplomatic Missions and release of abducted and detained political and Civil Society Activists new demands in the way of forming the inclusive government.
Even more absurd and mischievous is the part of the verdict that implies that the new demands are from Tsvangirai’s handlers in the UK and USA and in particular a one Jendayi Fraser.
In his inaugural speech new USA President Barack Obama without specifically naming Robert Mugabe and his Junta regime had this to say about despots masquerading as democratic governors across the world;
"To those leaders around the globe who seek to sow conflict, or blame their society's ills on the West: Know that your people will judge you on what you can build, not what you destroy.
To those who cling to power through corruption and deceit and the silencing of dissent, know that you are on the wrong side of history; but that we will extend a hand if you are willing to unclench your fist."
Perhaps the Junta’s jury would like to explain to us how a demand by MDC leader Morgan Tsvangirai to have issues he magnanimously allowed not to deter the signing of the GPA and got assurance would be addressed after the signing ceremony, suddenly become new issues if he refuses to come on board the inclusive government as he has done so far before they are addressed as promised.
None of the so called new issues raised by Tsvangirai are new demands for those that have cared to read the GPA.
The Herald alleged that;
“On Monday, efforts to conclude the formation of the Government hit a brick wall after Tsvangirai again tabled fresh demands and rejected a Sadc proposal that would have brought finality to the long-drawn saga after initially assenting to it.”
This was however contradicted by the very people it alleged were castigating Tsvangirai for making the new demands.
“Most of the demands he is making right now have been dealt with at the level of negotiators while there is a deliberate move by the MDC-T to re-open such issues," Thompson Magariro of Budiriro said.
"They have also come with a new list of ministerial allocations; something many of us believed was water under the bridge. I think the MDC-T should come out in the open and tell the nation that they do not want to be in this Government," Mildred Mapfumo said.
"I also do not understand why in their counter-proposal they have decided not to recognise Professor Mutambara who is an equal member of the opposition in the country," another Harare resident said.
Dispelling the myth the jury is attempting to sell that demands are new is simple because they are in fact as old as the AU resolution in Egypt as far back as July 2008 if not as late as April 2, 2008 when the Junta refused the Zimbabwe Electoral Commission permission to release Presidential election results.
The AU resolution is tacit and allows for no ambiguity in its interpretation and is reproduced herein verbatim;
“Sharm El Sheikh, Egypt — The African Union Assembly, meeting in its 11th Ordinary Session held on June 30 to July 1, 2008 in Sharm El Sheikh, Egypt,
DEEPLY CONCERNED with the prevailing situation in Zimbabwe;
DEEPLY CONCERNED with the negative reports of SADC, the African Union and the Pan-African Parliament observers on the Zimbabwean Presidential run-off election held on June 27, 2008;
DEEPLY CONCERNED about the violence and the loss of life that has occurred in Zimbabwe.
CONSIDERING the urgent need to prevent further worsening of the situation and with a view to avoid spread of conflict with the consequential negative impact on the country and the sub-region;
FURTHER CONSIDERING the need to create an environment conducive for democracy, as well as the development of the people of Zimbabwe;
EXPRESSING its appreciation to SADC, and its Organ on Politics, Defence and Security Co-operation, as well as the Facilitator of the intra-Zimbabwe dialogue, His Excellency Thabo Mbeki, President of the Republic of South Africa, and His Excellency Jean Ping, Chairperson of the African Union Commission for the ongoing work aimed at reconciling the political parties;
RECOGNISING the complexity of the situation in Zimbabwe;
NOTING the willingness of the political leaders of Zimbabwe to enter into negotiations to establish a Government of National Unity;
NOTING FURTHER the preparatory discussions on this matter had already started, under SADC facilitation;
Hereby decide:
1. TO ENCOURAGE President Robert Mugabe and the leader of the MDC Party Mr Morgan Tsvangirai to honour their commitment to initiate dialogue with a view to promoting peace, stability, democracy and the reconciliation of the Zimbabwean people;
2. TO SUPPORT the call, for the creation of a Government of National Unity;
3. TO SUPPORT the SADC Facilitation, and to recommend that SADC mediation efforts should be continued in order to resolve the problems they are facing. In this regard SADC should establish a mechanism on the ground in order to seize the momentum for a negotiated solution;
4. TO APPEAL to states and all parties concerned to refrain from any action that may negatively impact on the climate of dialogue;
5. In the spirit of all SADC initiatives, the AU remains convinced that the people of Zimbabwe will be able to resolve their differences and work together once again as one Nation, provided they receive undivided support from SADC, the AU and the world at large.”
Clearly the AU resolution did not recognise Professor Mutambara as one of the protagonists in the Zimbabwe presidential dispute for him to deserve exclusive mention in its resolution.
Secondly the Inclusive government proposition was made by Robert Mugabe who was at the Egypt meeting and not Tsvangirai and he was granted the right to form such government with Tsvangirai by the AU.
Tsvangirai agreed to form the government if Mugabe was willing to share power with him equitably and he obliged in writing by signing the September 15 GPA.
Tsvangirai is now demanding his pound of flesh before getting on board and Mugabe is frightened at the prospect of sharing power with Tsvangirai or losing legitimacy to preside over Zimbabwe.
He has been forced to seek help from Professor Jonathan Moyo former Information and Publicity Minister he publicly dismissed in a cloud of acrimony over the Tsholotsho declaration to dethrone him as Zanu PF leader he alleged Moyo spearheaded.
Real demands must neve be wished away and deferred. They will be restated at inconvinient timesin a process.
Abductions and detentions of political opponents form the violent conduct that appalled the AU meeting in Egypt leading to resolution in article 4 of the Sharm El Sheikh declaration on Zimbabwe.
Coalition governments the world over are not formed through coercion and compulsion but through bargaining and tradeoffs of real and substantive power between the parties to the coalition.
If Mugabe is not willing to trade off some of his military and law enforcement power with Tsvangirai who is willing to legitimise his sixth term Presidency before the coalition government is consummated he is unlikely to relinquish any power after being legitimised.
He would be an idiot to do that.
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