By Dr Masimba Mavaza | ZANU PF UK AND ENGLAND in their first post CCOVID general meeting on Saturday 18th September 2021 in Northampton Midlands in England have endorsed cde Emerson Mnangagwa to be the candidate representing ZANU PF in 2023. The motion was raised by cde Hilton Mabhurukwa and seconded by cde Simon Wenhamo.

"Pres Emmerson Dambudzo Mnangagwa is the sole Presidential candidate for ZANU PF in the 2023 harmonised Gen election- ZANU PF UK District, Sec for Administration/Acting Chairman Cde Xavier Zavare, speaking at a recent ZANU PF UK District Gen Members meeting. Musangano kumasero" pic.twitter.com/3sERZ6axdf

— ZimEye (@ZimEye) September 20, 2021

The endorsement came when the President of Zimbabwe cde Ermerson Dambudzo MNANGAGWA is marked to visit The United Kingdom in October soon after the ZANU PF 19th Conference in Bindura.

In every conference the Provinces will endorse a candidate they want to represent the party in the forthcoming general elections.

The meeting in the UK was chaired by the most senior executive member cde Xavier Muneyi Muzukuru Zavare who is the secretary for Administration and the acting chairman.

Cde Xavier Muneyi Muzukuru Zavare became the acting chairman by the action of the law following the death of cde MASIMBA TAWENGWA who passed on in January 2021 due to COVID-19.
In ZANU PF when a chairperson of the party in any portfolio dies the next senior position holder becomes the acting chairperson. In the case of ZANU PF UK cde ZAVARE as the secretary of Administration is a lawfully acting chairperson.

ZANU PF UK has been rocked by bickering of positions and looks divided with cde Marshal Gore who is the deputy secretary of administration claiming to be the legitimate Chairman.

In supporting the motion to endorse president MNANGAGWA the delegates took note of the developments done under the leadership of cde Emmerson MNANGAGWA. Zimbabwe had started a very fast vicious journey towards middle income economy and wealthy for all by 2030. Zimbabwe has shaken itself from the shackles of poverty and raised to a glorious journey of development and success.

Despite the circumstances which kept Zimbabwe in the shaddows of suffering Cde MNANGAGWA has managed to give Zimbabweans hope.

Cde Zavare who chaired the meeting added that Zimbabwe’s freedom space has been expanded because of cde Emerson MNANGAGWA. We now have people who have the freedom of abducting themselves because they are free to do so.

Many speakers have echoed the sentiments that indeed MNANGAGWA has brought in new dispensation and new progress in Zimbabwe.

Speaking on the sidelines of the meeting cde Masikati said Zimbabwe is now claiming its position on the international space thanks to cde MNANGAGWA.

In the meeting cde Zavare started by calling for a unity a purpose with every ZANU PF member in UK in a drive to a mass recruitment of new members to achieve the five million votes by 2023 for ZANU PF. He said we can only honour cde MNANGAGWA by rallying behind him.

On the coming of president MNANGAGWA to the UK in October, cde Mavaza who was in the meeting said “. This is a milestone in the Zimbabwean quest to normalise the Zimbabwean foreign relations. Cde President Emerson MNANGAGWA will be the first Zimbabwean president to visit the UK in the past twenty years.”

Cde Mavaza concurred with cde Zavare and other cdes that the visit by the president to the UK is an important event for Zimbabwe. He is putting the Zimbabwean flag up high. on that note he invited all Zimbabweans in the UK to unite and give the president a resounding welcome to the UK. “

In the same meeting cde Everjoy Kurangwa the secretary of Women’s league urged all the factions to unite and all Zimbabweans in the UK to forget about their political inclination and welcome the president as a one United unity.

Cde Salome Erick representing the youth league standing in for cde Makuku who was caught up in a traffic jam said ZANU PF youth has engineered a number of projects to alleviate the lives of the youth in Zimbabwe and in England. She urged all the youth in the UK to rally behind Emerson Dambudzo MNANGAGWA. Cde Salome Erick reminded the youth in the UK that Zimbabwe is the only country in the whole world which they can call theirs. She urged them to identify with Zimbabwe by rallying behind president MNANGAGWA.

Cde Augustine Mutizira the secretary for security called upon the MDC and it’s supporting organisations to stop planning for demonstrations but to come and welcome their president. “In this visit cde MNANGAGWA is not representing ZANU PF but Zimbabwe.
Speaker after speaker urged those in Zimbabwe to stop dividing the people in the UK. They must focus on uniting the party and make the visit of the president a success.

Cde Mukutirwa the secretary for finance thanked the members of ZANU PF UK for their faithful financial contribution to the revolutionary party.

Cde Kurangwa reminded the people that ZANU PF is a big pocket. We can all fit in there.

The meeting was graced by many important people in the UK like cde Stephen Mutasa from Northampton cde Masikati cde Chibaya cde Tafa.
The ZANU PF UK and Europe pledged to be in the ship steered by Cde MNANGAGWA which is building Zimbabwe step by step and stone by stone.
The Midlands in England saw the revolutionary faces lighting the darkness being cast on Zimbabwe the torch of hope being lit in Northampton by cde Sammuel Mpofu cde Heather Hunda Cde Shupikai Kaseke cde Ben Mungwira Kingston Gurure.

During the meeting cde Kosta Ngandu and cde Pepertua Ruzvidzo Celebrated to the news that a planned demonstration against Zimbabwe in America flopped as the name of Emnerson MNANGAGWA flew high.

Some of the comrades who attended were George Mandizha, Leonard Kachingwe, Eddie Mukutirwa, Everjoy Kurangwah, Farai Cheuka, Salome Eric, Ronald Mataruse, Brian Dongo, Simbarashe Madzima from Coventry and many more from all over England.

Because of the distance the comrades from Scotland could not attend but they had their zoom executive meeting chaired by Cde Xavier Muneyi Muzukuru Zavare.
[email protected]

By Brian Mari Matutu

PREAMBLE
(i) All citizens of Zimbabwe regardless of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status are invited to a citizen’s convergence in Lusaka Zambia on a date yet to be confirmed but in December 2021.

(ii) Those who cannot physically be in Zambia are encouraged to give their views through the means that are yet to be agreed on.

(iii) The main reason to meet in Zambia is because our republic is under hostile regime which has blocked all avenues for citizens to converge.

(iv) Since Zambia and Zimbabwe were formerly one state and our people and Zambia share the same umbilical cord no one can say he is in foreign land when he is in Zambia. Even President Mnangagwa has history with Zambia and his own family calls it home.

(v) Having noted that judicial authority in Zimbabwe is only derived from of Zimbabwe as enshrined in section 162 and is vested in courts

(vi) Having noted that Zimbabwe adopted a National Constitution and this being in line with ICCPR Article 1.1 “All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.”

(vii) And In 2013 through a declaration which we called “Preamble” we collectively stated the following “We the people of Zimbabwe, , United in our diversity by our common desire for freedom, justice and equality, and our heroic resistance to colonialism, racism and all forms of domination and oppression Exalting and extolling the brave men and women who sacrificed their lives during the Chimurenga / Umvukela and national liberation struggles, Honouring our forebears and compatriots who toiled for the progress of our country, Recognising the need to entrench democracy, good, transparent and accountable governance and the rule of law , Reaffirming our commitment to upholding and defending fundamental human rights and freedoms, Acknowledging the richness of our natural resources, Celebrating the vibrancy of our traditions and culture s , Determined to overcome all challenges and obstacles that impede our progress, Cherishing freedom, equality, peace, justice, tolerance, prosperity and patriotism in search of new frontiers under a common destiny, Acknowledging the supremacy of Almighty God, in whose hands our future lies, Resolve by the tenets of this Constitution to commit ourselves to build a united, just and prosperous nation, founded on values of transparency, equality, freedom, fairness, honesty and the dignity of hard work, And, imploring the guidance and support of Almighty God, hereby make this Constitution and commit ourselves to it as the fundamental law of our beloved land.”

(viii) And in our section 1 of the constitution declared the status of our state as “Zimbabwe is a unitary, democratic and sovereign republic.”

(ix) Whereas section 2 stated the supremacy of the constitution as follows “Supremacy of Constitution(1)This Constitution is the supreme law of Zimbabwe and any law, practice, custom or conduct inconsistent with it is invalid to the extent of the inconsistency.(2)The obligations imposed by this Constitution are binding on every person, natural or juristic, including the State and all executive, legislative and judicial institutions and agencies of government at every level, and must be fulfilled by them.”

(x) And Section 35 of the constitution states as follows “(1) Persons are Zimbabwean citizens by birth, descent or registration. (2) All Zimbabwean citizens are equally entitled to the rights, privileges and benefits of citizenship and are equally subject to the duties and obligations of citizenship. 3)All Zimbabwean citizens are entitled to the following rights and benefits, in addition to any others granted to them by law—(a)to the protection of the State wherever they may be;(b)to passports and other travel documents; and(c)to birth certificates and other identity documents issued by the State. (4)Zimbabwean citizens have the following duties, in addition to any others imposed upon them by law—(a)to be loyal to Zimbabwe;(b)to observe this Constitution and to respect its ideals and institutions;(c)to respect the national flag and the national anthem; and(d)to the best of their ability, to defend Zimbabwe and its sovereignty.”

(xi) It is at this juncture that every citizen must take note and realise the obligations and duties bestowed equally upon each one of them.

(xii) It is at this juncture that every citizen of Zimbabwe from all walks of life, the lawyers, jurists, civil societies, religious organisation, civil societies, law societies , labour unions , business communities and any social grouping in Zimbabwe in order to ensure that any person claiming a remedy against any violation of his or her rights shall have his/her right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of our State, and to develop the possibilities of judicial remedy;

(xiii) It is at this juncture we present the full details of the total collapse of judicial authority and absence of a constitutional court bench established by section 166 of the constitution.

(xiv) It is further highlighted that there are political appointees masquerading as Constitutional court bench and have given judgements from 23 May 2020 which is the last date the paragraph 18(2) of Sixth Schedule transitional Constitutional Court’s life expired.

(xv) It is further highlighted that there is a standing High Court judgement against all Supreme Court judges and those that are masquerading as Judges of Constitutional Court.

(xvi) Further than that it is noted that these said judges appealed the High Judgement with the Supreme Court but there is no independent judge to hear the appeal, however during High court case the said judges never submitted anything as response.

(xvii) It is further noted that a litigant approached Constitutional Court on an attempt to reverse the High Court Judgement. An illegitimate bench without authority sat as constitutional court.

(xviii) It was Highlighted to this illegitimate bench that they cannot all sit to hear a matter in Constitutional court.

(xix) However the bench refused recuse itself and said it is going to proceed to hear the matter and give a judgement.

(xx) It is pointless for whole nation to wait for a verdict of an illegitimate bench to decide if it is legitimate.

(xxi) The legitimacy comes from the constitution we all voted for as Zimbabweans and the authority can only and only come from us.

(xxii) This is why we must converge and look at the following and then come up with a way forward, bearing in mind that no one else beside us as citizens can resolve this issue.

THE CRISIS
1) To lay out the points, one must first show that there are three kinds of authority that are only driven direct from people of Zimbabwe and no where else. This is the critical point to first understand.

i) Section 88 direct as follows “1)Executive authority derives from the people of Zimbabwe and must be exercised in accordance with this Constitution.(2)The executive authority of Zimbabwe vests in the President who exercises it, subject to this Constitution, through the Cabinet.
ii) Section 117 direct the legislative Authority as follows, “(1)The legislative authority of Zimbabwe is derived from the people and is vested in and exercised in accordance with this Constitution by the Legislature.(2)The legislative authority confers on the Legislature the power—(a)to amend this Constitution in accordance with section 328;(b)to make laws for the peace, order and good governance of Zimbabwe; and(c)to confer subordinate legislative powers upon another body or authority in accordance with section 134”
iii) Section 162 confers judicial authority as follows “Judicial authority derives from the people of Zimbabwe and is vested in the courts, which comprise—(a)the Constitutional Court;(b)the Supreme Court;(c)the High Court;(d)the Labour Court; (e)the Administrative Court;(f)the magistrates courts;(g)the customary law courts; and(h)other courts established by or under an Act of Parliament.
iv) The authorities given to public officers is further guided by section 196 which state as follows “(1)Authority assigned to a public officer is a public trust which must be exercised in a manner which—(a)is consistent with the purposes and objectives of this Constitution;(b)demonstrates respect for the people and a readiness to serve them rather than rule them; and(c)promotes public confidence in the office held by the public officer.(2)Public officers must conduct themselves, in public and private life, so as to avoid any conflict between their personal interests and their public or official duties, and to abstain from any conduct that demeans their office.(3)Public officers in leadership positions must abide by the following principles of leadership—(a)objectivity and impartiality in decision making;(b)honesty in the execution of public duties;(c)accountability to the public for decisions and actions; and(d)discipline and commitment in the service of the people.
v) Section 165(2) clears doubt on the authority of judicial officers and states as follows “165(2)Members of the judiciary, individually and collectively, must respect and honour their judicial office as a public trust and must strive to enhance their independence in order to maintain public confidence in the judicial system.”
2) After showing clearly the three kinds of authorities as driven from us citizens, clearly showing the boundaries of each authority and where the said authority is vested, clearly showing the source of authority in every office bearer and limits of the authority, you go a step further to clearly show that
i) The office bearers manning the Constitutional court have no judicial authority flowing from constitution.
ii) Citizens have no remedy of a legitimate constitutional court established in terms of section 166.
iii) Should there be unconstitutional decisions by President or Parliament the people of Zimbabwe have no Constitutional court bench established by law to approach.
iv) Should there be election disputes on election of President there is no constitutional court bench to approach.
v) Should there be any violation of a right in the bill of rights litigants have no constitutional court bench to approach.
vi) The president is vested only with executive authority and no legal authority. He cannot give what he does not have. Unlike in previous constitution where president was a first citizen who is above others, the current constitution put us as equal citizen and have equal rights and duties before the law.
vii) The legislature is only given legislative authority. Again it cannot give what it does not have.
3) The above points put it bare that where there is a short coming or a constitutional disorder in Judicial authority, then only and only citizens of Zimbabwe can restore it. No amount of intimidation or delay or abuse of other state arms can change this or bring order but only converging and forging a way forward.
4) Because each citizen has equal right and duty no matter where he or she is, it calls for a convergence of citizen to deliberate on the judicial authority and that is of no doubt off line or off rail.
5) This is were I need legal minds within us to also help and be apolitical like we see with some of them.

6) May we be reminded as citizens of Zimbabwe that we adopted a new Constitution in 2013 and repealed the old Lancaster House constitution. This is in line with article 1 of the ICCPR.

7) In the old Constitution we did not have a Constitutional court. Our highest Court before 2013 was the Supreme Court and all Judges in that Court were Supreme Court Judges by appointment. The Chief Justice and Deputy Chief Justice were administrative posts occupied by Judges of Supreme Court.

8) Through a Schedule of transition from old constitution to new constitution, all matters were transferred to new constitution. Each item in the judiciary arm of state was specifically directed, from tenure of office bearers who were manning offices, to courts themselves, to cases before courts. All was expressly stated on how it will be handled and how office bearers would change offices as well as how vacancies in courts were to be filled. We collectively voted for that constitution.

9) Of note is Schedule six of the constitution. In its paragraph 2, it is clearly spelt that the Schedule prevails, to the extent of any inconsistency, over all other provisions of the constitution.

10) It is upon this background that the attention of the citizens of Zimbabwe is required to take note of paragraph 13 of Sixth Schedule which reads “Any person who, immediately before the effective date, held or acted in a public office under the former Constitution continues to hold or act in that office, or the equivalent office under this Constitution, on the same conditions of service until the expiry of his or her term of office under those conditions of service or until he or she resigns, retires or is removed from office in terms of this Constitution or those conditions of service, as the case may be.”

11) It is brought before the citizens that Justices Luke Malaba, Elizabeth Gwaunza, Paddington Garwe, Rita Makarau, Ben Hlatswayo, Barrat Patel, Marry Anne Guvava were all Judges of Supreme Court as at 20 May 2013 the date which the new constitution was brought into effect.

12) In the old constitution’s section 86, Judges of Supreme Court would serve a tenure were they retire at the age of 65 and could extend that tenure by 5 years upon application and there was a condition that their tenure could not be terminated or office be abolished until they retire or are removed in terms of that constitution.

13) By reading paragraph 13 of the sixth Schedule it should be clear that from 2013 it was a fact that the above mentioned judges can only serve as Supreme Court judges until they retire. Their tenure is not defined by section 186 of 2013 constitution but by section 86 of old constitution. Any amendment of tenure in section 186 of new constitution has no bearing what so ever to these mentioned judges because they are not even serving under section 186 but section 86 of old constitution.

14) The 2013 constitution section 186 has a tenure for Constitutional Court Judges which is a term of maximum of 15 years, which is not renewable, then a tenure for Supreme Court Judges and High Court Judges who serve until they reach age of 70 years.

15) This tenure is totally different to what is in section 86 of old constitution in everything. Nothing in section 186 of new constitution can be amended and then give effect to the tenure of any of these mentioned judges.

16) Their services is guided in the new constitution by paragraph 13 of sixth schedule. Since sixth schedule provisions override any other provision in the constitution nothing in the body of the constitution concerning tenure of these judges can override this paragraph 13 of sixth schedule. Whether the amendments 1 and 2 of constitution are lawful or not it does not change the fact that these mentioned judges are serving under the tenure in section 86 of old constitution.

17) This removes doubt that Luke Malaba cannot extend his tenure beyond 70 years whether the amendment of 186 is legitimate or not. The tenure in section 86 of old constitution says judges retire at 65 then if they wish to extend they can extend to until the age of 70. The clears doubt that after 15 Malaba cannot be a Judge.

18) As it is clear in section 186 that a constitutional court Judge serve on a fresh tenure that state the years to serve not exceeding 15 years and such tenure is non renewable, it is evident also that section 86 of old constitution on had a tenure of service that is pegged on the age of the judge then extending a tenure of section 86 has no relevance to appointment of one as constitutional court.

19) The constitutional court to be established in terms of section 166 is not a continuation of tenures of some other appointments. It is for judges without any tenure who then sign a fresh contract that is non renewable but not exceeding 15 years.

20) All these judges are serving tenures and cannot serve two tenures at the same time neither the service of one tenure can be transferred to another. Its not provided for.

21) Non of these judges ever retired or resigned from their tenures.

22) In a way of transition, a constitutional court comprising of 9 Supreme Court Judges in terms of paragraph 18(2) of Sixth Schedule to the constitution was constituted.

23) This court had a life of 7 years to May 2020.

24) Should a vacancy arise in that court it was by paragraph 18(3) of Sixth Schedule directed that another judge of Supreme Court would fill the vacancy.

25) It was stated in paragraph 18(2) of Sixth Schedule that there is a section 166 constitutional court. Which means these judges knew from onset they were not section 166 constitutional court judges but they were Supreme Court judges sitting as Constitutional court and a section 166 constitutional court was to be established.

26) Within the first 7 years from 2013 to 2020 vacancies in the office of Chief Justice and Deputy Chief Justice arose and Justice Luke Malaba and Elizabeth respectively who were judges of Supreme court filled the vacancies in the paragraph 18(2) constitutional court in terms of paragraph 18(3) of Sixth Schedule.

27) The Justices mentioned in my point 11 above all served as Judges of Constitutional Court of paragraph 18(2) of Sixth Schedule for the term of 7 years.

28) It is clear that these said judges cannot assume office of Judge of section 166 constitutional court before completing the tenure that was directed by paragraph 13 of Sixth Schedule that they serve in terms of that tenure until they retire.

29) It is also clear that a term of 7 years was prescribed for in the paragraph 18(2) of Sixth Schedule Court making it a term of not more than 15 years and cannot be renewed upon expiry in terms of section 186 of constitution.

30) By reading section 186 it can be seen that upon completion of a non renewable term in Constitutional court a judge can be admitted in into Supreme Court or High Court.

31) These judges did return to Supreme Court after May 2020 and we have judgements they made as Supreme Court judges.

32) It is further brought to the attention of the citizens of paragraph 18(4) of Sixth Schedule which gave right to Rules of Constitutional Court.

33) The said paragraph clearly states “until such time”, this clears doubt we all knew that separate and proper section 166 constitutional court was to be established and the paragraph 18(2) of sixth schedule was not the actual constitutional court.

34) In 2016 Rules of Constitutional Court were established cited as SI 61 of 2016

35) Through the Statutory Instrument cited, A constitutional court is defined as “ the Constitutional Court established by section 166 of the Constitution” and a “Judge” means a “judge or acting judge of the Court appointed in terms of section 177 of the Constitution sitting otherwise than in open court;”

36) This clears doubt that as of today a constitutional court is only one established by section 166 and judges of such court whether Acting judges or substantive are judges only appointed in terms of section 177.

37) As mentioned Luke Malaba and Elizabeth Gwauza were appointed Chief Justices and Deputy Chief Justices in a paragraph 18(2) of sixth schedule 9 member bench comprising all Supreme court Judges. These two were appointed Supreme court Judges in old constitution. No were else did these two ever took judicial oath of office as section 166 constitutional court judges.

38) After 23 May 2020 they cannot sit as constitutional court judges at all.

39) The five judges who were “sworn in” as Constitutional court judges fall short by the reason we have said that personally they are judges from previous constitution section 86 tenure. The have to finish that before they can sign a new tenure, they served a term that was prescribed in constitution. They cannot renew it by pretending to take an oath again.

40) Above all they do not qualify in terms of section 177(1)(a). To qualify as a Judge of constitutional court of section 166, acting or substantive you must not be a serving judge.

41) These are serving judges of Supreme Court. They do not qualify.

42) However paragraph 18(5) of sixth Schedule is clear that “The Supreme Court of Zimbabwe, the High Court of Zimbabwe, the Labour Law Court and the Administrative Court, as established immediately before the effective date, are constituted respectively as the Supreme Court, the High Court, the Labour Court and the Administrative Court under this Constitution, and any decision of those courts given before the effective date has effect accordingly.”

43) It must be clear to everyone that the courts cited in paragraph 18(5) of sixth schedule were not established by 2013 constitution but they were constituted as courts into the new constitution as they were from previous constitution.

44) When section 162 list courts it is important to note that only section 166 Constitutional court was not established by the effective date.

45) Critical to note that the 7 years given to the 9 Judges of Supreme Court to act as Constitutional Court did expire on 20 May 2020.

46) Only a section 166 Constitutional Court can now sit as a constitutional court.

47) As seen in Statutory Instrument 61 of 2016 a Constitutional court Judge whether Acting or substantive is one appointed in terms of section 177 of Zimbabwe constitution. The current judges were not appointed in terms of section 177 of constitution.

48) May I highlight that section 177(1)(a) shows clear that one qualify as a constitutional court if he/she has sound knowledge of the constitution law and is not a serving Judge.

49) A close look and comparison of section 177(1)(a) with section 178(1)(a) as well as section 179(1)(a) will show you that a person who “is” a judge cannot qualify for post of Constitutional court of 166, whether acting or substantive.

50) This is because other judges have tenures that are linked to age and not term.

51) This critical part removes any doubt that all these Judges cannot hold office as Constitutional Court Judges because they are serving Supreme Court Judges which paragraph 13 of Sixth Schedule clearly states that they must serve as such until they retire. They cannot assume another term or tenure before completing the first one.

52) By looking at the composition of two forms of constitutional Court where a paragraph 18(2) of Sixth Schedule court could only make a decision when the bench has 9 Supreme Court Judges sitting as a court but a section 166 constitutional court can make the same judgement with 3 judges , it clearly shows difference in value and competency in a single judge qualified as a section 166 court Judge as compared to a paragraph 18(2) of Sixth Schedule court Judge.

53) It is a requirement that every person seeking remedy in courts have the matter determined by a competent person, as section 177 shows clearly the qualification of a constitutional court judge as one with sound knowledge of constitutional law, it becomes a requirement that such sound knowledge has to be tested and proven by independent and competent body.

54) If these judges were sitting as 9 judges to decide over a matter that can be decided by 3 judges of Constitutional court appointed in terms of section 177, what makes the remainder 7 competent to do what they were not qualified to do for the past 7 years?

55) A president alone cannot select and appoint judges with sound knowledge of constitutional law. He has no capacity and authority to do so.

56) Besides being illegitimate it can be proven they are incompetent by simply showing that they sat as 9 judges for 7 solid years to decide matters that can be done by 3 judges and they have not acquired any proven credentials beside what they are.

57) It was by design of 2013 constitution that at the end of 7 years from May 2013 a fresh section 166 constitutional court was to be established by appointing fresh judges with fresh tenures and the old supreme court judges return to Supreme court.

58) It is also clear from section 86 of old constitution which these judges are serving on state that it is the post as Judge of Supreme Court that was not to be terminated before expiry of tenure, the post of Chief Justice or Deputy Chief Justice is administrative and could be terminated by demotion

59) It is common cause from section 185 that the Chief Justice and Deputy Chief Justice are the first two Judges of section 166 constitutional Court to take oaths of office from President then the Chief Justice will then swear in other judges of Constitutional Court.

60) It is common cause that Chief Justice Chidyausiku retired in 2017 as a Supreme Court Judge in the paragraph 18(2) of sixth schedule and by paragraph 18(3) of sixth schedule Justice Luke Malaba who was a Supreme Court Judge by appointment replaced him.

61) In turn Elizabeth Gwaunza who is a Supreme Court Judge by appointment replaced the vacancy left Malaba again in terms of paragraph 18(3) of sixth schedule.

62) She never assumed the status of a section 166 constitutional court judge or took judicial oath of office as Judge of constitutional court.

63) She is still a Supreme Court Judge by her appointment. She cannot at all swear in any person as Judge of section 166 constitutional court.

64) She can also not sit as a Judge of section 166 constitutional court even on an acting capacity.

65) While Musa Kika won a case against these judges on tenure of Judges and retirement of Luke Malaba and these Judges are said to have appealed the judgement, their legitimacy in the offices is not based on extension or no extension of tenure in section 186. These judges never served in terms of section 186 but are serving on terms of section 86 of old constitution.

66) This proves beyond doubt that these officers are all illegally in office.

67) Proves that a section 166 constitutional court is yet to be established.

68) From the constitution the judges who can occupy those offices can only come from people outside the bench.

69) Now that there is no legitimate Chief Justice or Deputy Chief Justice to hold interviews for such judges then there is a constitutional crisis.

70) We have seen that Luke Malaba swore in a Judge president of High Court. That exercise is illegitimate. Only a Chief Justice who personally is a Judge of s166 constitutional court can swear in a Judge President of High Court. As seen with all reason given above, Luke Malaba cannot swear anyone as a Judge President.

71) Section 162 of Zimbabwean constitution states clearly that Judicial authority is derived from the people of Zimbabwe. The President is only given Executive authority and cannot confer judicial authority to anyone.

72) Only people of Zimbabwe can restore this disorder.

73) This is where citizen convergence come in. It is not a political agenda but a legal requirement.

74) Since we all have individual views, only a referendum will then decide on what people would have discussed.

75) To conclude, lets all mobilise the Agenda in open and clear and non discriminatory way.

76) National elections for president and parliament cannot happen before this matter is resolved.

77) This is a requirement that every United Nations Member state undertook.

78) To clear doubt that elections 2023 cannot happen before this issue resolved citizens are referred to International Covenant for Civil and Civil and Political Right in that

(i) We are a sovereign state which adopted a constitutions to govern ourselves in line with article 1 which was cited above.
(ii) In article 2 Zimbabwe as a member state of UN which also ratified the ICCPR undertook give Judicial remedy to citizens and all people seeking remedy on violation of rights
(iii) Article 25 of the ICCPR give citizens right to vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors.
(iv) Without a constitutional court bench appointed in terms of our laws no elections can be held.
(v) This is so because election start from nomination court and may have legal challenges but end by swearing in of the president by a Chief Justice.
(vi) That must seal the debate and have all citizens deliberate on it.
(vii) As we saw it in 2013 when Mr Jealous Mawarire forced election to happen it is clearly possible that UN first Protocol can be approached by a single citizen and as evidence is clear it will be a waste of time

Lets converge.
Lusaka Zambia
December 2021

Hindus have no theological objection to COVID-19 vaccination, Hindu statesman Rajan Zed clarified in a statement Nevada (USA) today. 

Zed, who is President of Universal Society of Hinduism, stated that under the present circumstances, COVID-19 vaccine did not seem to be in conflict with religious tenets and practices of Hinduism; oldest and third largest religion of the world with about 1.2 billion adherents. 

As COVID-19 vaccine seemed to be consistent with Hindu beliefs; there was no prohibition against it and it was morally permissible to accept vaccine. So, evidently, religious exemption was not needed for practicing Hindus; Rajan Zed indicated. 

Zed further says: Working for the well-being of all humankind is kind of a duty in Hinduism. Hindus have heartfelt concern and genuine love for all the God’s children and are expected to continue working at the aim of alleviating suffering. We should do all we can possibly do to curb COVID-19, Zed added. 

Rajan Zed noted that ancient Hindu text Bhagavad-Gita had been reminding us:…the wise work for the welfare of the world, without thought for themselves…Perform all work carefully, guided by compassion. 

MAI CHISAMBA vs TINASHE MUGABE – who makes sense on DNA Testing? pic.twitter.com/CRyEfQN6hY

— ZimEye (@ZimEye) September 20, 2021

By Dorrothy Moyo |

Ko kune @TembaMliswa'sbaby mama App group? maihwe Temba these women are coming after you,this is a leaked voice note of @mutami_susan …Temba une mari here iwe ye vana vese ava?@LynneStactia ,@cdesetfree ,@Alfred67686158 ,@daddyhope … a thread pic.twitter.com/c5X9ntiCAu

— Mai Twalumba?? (@TraceyMachona) September 17, 2021

Ladies and gentlemen the situation in our country has reached another level…,” said the late army General Sibusiso Moyo while addressing the nation during  the November 2017 sanitized coup which resulted in the ouster of former President Robert Mugabe.

The Zanu-PF factional fights between Generation 40 (G40) and Lacoste then, forced the situation to reach another level with the latter, which supported Emerson Mnangagwa, successfully ousting Mugabe through a military-backed take over. The emerging factions and ever-growing tension in Masvingo if not well managed is definitely leading to a situation more or less the same as November 2017.

Those who care not to remember the history of politics and factional fights will be quick to dismiss the possibility lest they are reminded of how Masvingo has been the mastermind of many successful political settlements in both the ruling party Zanu-PF and the biggest opposition,  Movement for Democratic Change (MDC).

Masvingo therefore plays a pivotal role in the political matrix of Zimbabwe. The late Mugabe knew this and that was the reason he employed the divide and rule tactics choosing the late Simon Muzenda as vice president ahead of Jonas Mudadirwa Zvobgo. Muzenda was docile and senile – he was more of a stooge, no wonder why he spent most of his time rehearsing poems like Nehanda Nyakasikana forgetting to develop the province or even his rural home in Gutu.

On the other hand, Zvobgo was ambitious, too vocal and more importantly the voice of reason for Masvingo Province. Because Mugabe had chosen incompetence and loyalty over reasoning, two serious factions then emerged from Masvingo, passed on from one political generation to another and ultimately resulted in his ouster in November 2017.

Political factions are a sign of illness in a party; we have seen this in Zanu-PF as early as the turn of the millennium when Dzikamai Mavhaire publicly demanded that Mugabe be relieved of his duties and go! Similarly, when Morgan Tsvangirai was chased away by Joubert Mudzumwe, Robson Mashiri and team at Masvingo Civic Centre in 2005 leading to the MDC’s split, the same year.

Thus Masvingo is the kingpin in the political matrix of any political party in Zimbabwe and whoever controls this province will eventually become the ultimate winner. Because of this reason every sensible politician would want to control Masvingo province and this is the battle between Mnangagwa and his deputy Constantine Chiwenga now. Though no one in Zanu-PF leadership would agree that there are factions in the party, the current developments in Masvingo bear testimony that there are factions threatening to tear apart the party.

Masvingo is so fond of factions and dirty politics that most of the time politicians are engaged in caucus meetings trying to find ways of out-manoeuvring each other. However, factionalism has been the great instrument of sophistry and chicanery in our politics thereby leaving our society very divided and warring factions wanting to devour each other.

Zanu-PF is going to have its elective congress in December next year where the party is expected to elect new national executive. The provinces are already preparing for their elections ahead of the congress, with all the leagues including the main, youth and women assemblies’ elections are expected to be held by this October latest, and this is according to reliable sources in Zanu-PF.

These sources said ED is ploting to announce this date soon so that he manages the party from further divisions.

However, it is the main wing elections that have exacerbated the formations of factions in the province. So far, there are four candidates that are said to be readying themselves to battle it out for the position of provincial chair.

The most interesting of the four, however is the battle between Ezra Chadzamira and Robson Mavhenyengwa. The two are current chair and vice chairperson of the province respectively. Chadzamira is fronting for a faction loyal to Mnangagwa while Mavhenyengwa is said to have shifted allegiance to Chiwenga. Sources within the ruling party revealed that there is now serious tension and that it is going to be dog eat dog come the elections.

“The activities that are happening in the province are very telling that we are heading for interesting times. Factions are being created; some are forging alliances while others are dividing as we prepare for the elections ahead of the congress next year. We now have two clear factions, one supporting President Mnangagwa and the other one backing VP Chiwenga,” said one Zanu-PF provincial member.

Four names have been thrown in the hat so far, and reliable sources have revealed to TellZim that all the four candidates are busy soliciting for votes and elections are expected to be conducted no later than October this year.  Of the four candidates two are said to be posing real threat and these are Chadzamira who is backing Mnangagwa and Mavhenyengwa allegedly supporting Chiwenga.

Ezra Ruvai Chadzamira

Chadzamira is the current Masvingo provincial chairperson who doubles as the Minister of State for Provincial Affairs. He is seeking re-election but is likely to face stiff competition from Mavhenyengwa who is from a rival faction. The other two candidates, Clemence Chiduwa and Rtd Major General Gibson Mashingaidze lack what it takes to compete for honours therefore talking about them is mere waste of time. Chadzamira was elected chairperson during the peak of G40 and Lacoste factional wars when he thwarted the G40s preferred candidate Rtd Colonel Mutero Masanganise in 2017.

Masanganise was Mugabe’s preferred candidate but Masvingo dumped him for Chadzamira sending a clear message that they were backing Mnangagwa for presidency. Masvingo made it clear that it will never be intimidated or coerced into voting someone they do not want.

At some point Chadzamira, Lovemore Matuke and other Lacoste faction members were publicly denounced and humiliated by Mugabe and the G40 cabal, but they remained resolute and determined. They fought tooth and nail with the G40 until they prevailed. President Mnangagwa rewarded Masvingo by appointing more than five ministers from the province including Chadzamira and Matuke in 2018. However, a lot has happened between 2018 and now to an extent that the once united Lacoste faction is now heavily divided with some shifting their allegiance from Mnangagwa to Chiwenga. Of course no one publicly admits to the existence of these factions in Zanu-PF just like during the period of G40 and Lacoste when both factions claimed loyalty to the then President.

Chadzamira therefore, has lost some cadres who backed him in 2017 but certainly he has also managed to forge new alliances as he has remained consistent in supporting Mnangagwa. Backing him so far is Matuke, Ministers Winston Chitando and Yeukai Simbanegavi, Women’s League chairlady Amai Mhlanga, Pupurai Togarepi, Masvingo, Chivi, Gutu and Zaka districts. He is also being backed by over 15 MPs in the province.

Chadzamira told TellZim in an interview that they are working tirelessly to ensure that the Mnangagwa and the party win resoundingly in 2023 general elections. He downplayed the issue of factionalism saying those who plan against Mnangagwa are planning to fail.

“President Mnangagwa has managed to resuscitate the economy; implemented a lot of developmental projects under devolution and unlocking investment for our country. He has managed to unite people regardless of political affiliations and because of his clear vision we are fully behind him. Those who are plotting against him are surely planning to fail,” said Chadzamira.

“Elections will come and go; after that we remain Zanu-PF so I don’t see the reason why fellow cdes are betraying the struggle by plotting against President Mnangagwa. I want to encourage the province to remain united and rally behind President Mnangagwa. For now we are concentrating on building the party until our leadership announces the dates for the elections,” Chadzamira added.

Reliable sources in the party said Chadzamira is still maintaining grip in the province as five districts, except Bikita and Chiredzi, are fully behind him.

Robson Mavhenyengwa

Mavhenyengwa is the current vice chair for the province. He was co-opted early this year replacing Allies Baloyi who was appointed Chiredzi RDC chief executive officer. There is no love lost between Chadzamira and Mavhenyengwa as the latter was an alleged G40 loyalist before Mnangagwa came into power. Mavenyengwa is said to have then crossed the floor to join Lacoste faction after his G40 fellows (Jeppy Jaboon, Walter Mzembi, Daniel Shumba and others) started to support Phiona Riekert to take over his constituency. Phiona had lots of resources and Mavhenyengwa opted to cross to Lacoste because of frustration. Fortunately for him, G40 lost the battle and Phiona was eroded, a development which saw Mavhenyengwa retaining Zaka North Constituency in 2018.

Mavhenyengwa was then co-opted to become vice chairperson following Baloyi’s resignation. However, checking his history of flip-flopping, it is not surprising that he now allegedly shifted allegiance to Chiwenga. He has since forged alliance with Gutu DCC chairperson Brian Munyoro and Gutu West MP John Paradza who is also vying for the youth league’s chairmanship. Munyoro called for a meeting in Gutu recently soliciting support for Mavhenyengwa and he is said to have managed to convince Paradza after dangling the youth league post.

Mavhenyengwa is also reported to have forged a holy alliance with Mwenezi West MP Priscilla Zindari-Moyo who is also eyeing to chair the women’s league. Amai Zindari–Moyo is the wife of Central Intelligence Organisation (CIO) Director General Isaac Moyo. Mavhenyengwa being a former policeman seems to be getting all the support from anyone related to or with interests in the security sector.

However, Mavhenyengwa is facing challenges to fully penetrate Zaka district as he is clashing with the DCC chairperson Clemence Chiduwa who is also the MP for Zaka East. Chiduwa is alleged to have humiliated Mavhenyengwa at one of the meetings with the war veterans in the district when he publicly denounced Mavhenyengwa saying he was now selling out President Mnangagwa.

“Chiduwa openly said pasi naMavhenyengwa nekuti wakapandukira President Mnangagwa and that did not go well with the Zaka North MP. He asked Chiduwa to withdraw his words but he denied prompting Mavhenyengwa to take up the case to the Provincial Coordinating Committee (PCC) meeting,” said a war vet from Zaka.

Mavhenyengwa is said to have demanded Chiduwa to apologise for his alleged utterances during a PCC meeting but sources said he refused and maintained that Mavhenyengwa had sold out the President.

Mavhenyengwa confirmed the development but vehemently denied being aligned to any faction. He said it boggled his mind how Chiduwa, whom he described as someone who came yesterday, would stoop so low that he thinks anyone who has interests to contest for any position in the province will be selling out.

“He (Chiduwa) told war vets that I have sold out simply because I am said to be interested in contesting for a particular position in the province. For your own information, I do not belong to any faction as they allege but I support our President and the party. I do not want to drag the names of our national leaders in these factional fights,” said Mavhenyengwa.

“We started supporting the President before he even joined the party and Chiduwa only came recently after 2018 elections. I am busy working for the party as a provincial member and my constituency so I expect him also to concentrate on working for the party as the district chair and his constituency. We stand guided by the party and the party has not announced yet so there is no need to talk about the elections for now,” Mavhenyengwa added.

Minister Davis Marapira is also believed to be supporting Mavhenyengwa because they do not relate very well with Chadzamira. Mavhenyengwa and Marapira are alleged to be covering a lot of ground in Zaka where they are reportedly undermining the authority of Chiduwa who is in charge of the district.

Clemence Chiduwa

Clemence Chiduwa is the MP for Zaka East and the deputy Minister of Finance and Economic Development. Chiduwa was elected MP during by-elections held in 2019 following the demise of Calisto Ringisai Gumbwanda. His Curriculum Vitae (CV) was initially rejected during the Zanu-PF primaries in 2018. However, he was later accepted and contested the by-elections.

Chiduwa is then believed to have used his strong links with Christopher Gwatidzo, the principal director in the Office of the President to get appointed as deputy minister of finance. Gwatidzo and Chiduwa are tight buddies and their friendship dates back to the time they were lecturers at the Midlands State University (MSU).

At a meeting allegedly held in Chivi and chaired by Josiah Hungwe, Chiduwa is said to have initially agreed to contest for the chairmanship and some sources in the party confirmed the development.

“Chiduwa is in the race; he called me recently and said if you see my name on the ballot paper for provincial chair elections please vote for me. I think he is new and untainted therefore stands a better chance to win the election. Of course others are sceptical saying he is new so he must give those more senior to him a chance,” said another party source.

However, considering that his friend Gwatidzo’s relationship with Mnangagwa has since soured and is no longer having the same influence as he used to have as before, Chiduwa is likely not going to contest for the chairmanship. It would be best for him to maintain the relationships and alliances he has in the province than to ruffle feathers.

Chiduwa however, allegedly made it clear that he was not interested in contesting for the chairmanship saying he is rallying behind Chadzamira and President Mnangagwa. He is reported to have said he will not be swayed into supporting anyone else who is not loyal to Mnangagwa.

Gibson Mashingaidze

Major General (Rtd) Gibson Mashingaidze from Bikita is also said to be interested and is being backed by his home district and Chiredzi. Sources also told TellZim that Mashingaidze is backed by Rtd Lt. Gen Engelbert Rugeje who also hails from Bikita. Mashingaidze appears to be a very sensible person, very quiet and well-disciplined former soldier. It is difficult to accuse him of any wrong doing. However, his biggest challenge is that he is a perennial loser having lost several elections before. Bikita district is generally weak and that is one reason only a single MP was appointed deputy minister since 1980.

His backers are also being accused of fighting the Lacoste faction especially the MPs in Chiredzi who were said to belong to the G40 cabal then. Their decision to support Mashingaidze is allegedly because they do not want to align themselves with a faction that is known to support Mnangagwa. Rugeje is also said to be bitter with Mnangagwa following his unceremonious dismissal from the position of national political commissar hence his decision to support a faction loyal to his former army boss Chiwenga.

Mashingaidze is more likely to withdraw his candidature towards elections because besides him there are no other candidates to fill other positions from his faction. Chances are very high that the Bikita team will eventually join the Mavhenyengwa faction.

Indications are that the contest will eventually be between Chadzamira and Mavhenyengwa.

Chadzamira and his Mnangagwa faction seem to be in control at the moment.

The rift between Mnangagwa and Chiwenga is said to be widening every day and whoever manages to control the provinces might strike gold at the party’s national elective congress in December next year. Let us wait and see.

When factionalism becomes hot, many supporters become spectators; they will sit in the stands and watch the factions fight. At the end they will choose, wanting to associate themselves with the winning team. We saw it during the G40 – Lacoste factional fight and we are going to see it again during these emerging factions. Let us watch and see how it goes!.- TellZ

By Patrick Guramatunhu- “Good pple there is need to teach ZANU PF a big lesson once and for all in 2023. They talk a lot of nonsense as if this country belongs to their mothers. They have got arrogance of a coward.

There must be mass demonstration of our sovereign by voting them out in our millions in 2023…

Haa vanhu vazviramba. When I was leaving the High Court today I met a group of pple who greeted me by the gate and said “mudhara rambai makashinga. Nyangwe Mnangagwa akatipa US$1 million each hatichada.”

These are bold declarations I get everywhere I go.

Mnangagwa will be kicked out,” Honourable Job Sikhala, MDC A MP, wrote on Twitter.

Politics dzana Job Sikhala, Nelson Chamisa, Tendai Biti nerudende rweMDC, ibhora rokudhibhi. Munotamba zura rese pasina agohwesa nokuti hapana magende! (MDC politics is like amateur football at its chaotic worst; where you can play all day without ever scoring a goal because there are no set teams and no set goals!)  

After 22 years, 5 of which in the GNU, MDC leaders cannot name even one democratic change they have accomplished in all those years and yet still call themselves movement for democratic change.   

Whilst the individual MDC leaders have had a chance to enjoy the good life of the ruling elite on the gravy train, especially during the 2008 to 2013 GNU when many climbed up the ladder to be ministers. The MDC leaders loved their GNU lives so much they did not want to upset their host, Robert Mugabe, by implement the democratic reforms. Not even one token reform was implemented. 

In 2008 Morgan Tsvangirai garnered 73% of the popular vote, according to Mugabe’s own Freudian slip of the tongue and Mnangagwa and his Joint Operation Command (JOC) junta stepped in and ordered ZEC not to announce the results. The results were announce six weeks later and Tsvangirai’s vote count had been whittled down to 47%, enough to force a run-off. 

JOC launched military style Operation “Mavhotera papi!” (Whom did you vote for!) whose primary objective was to punish the people of Zimbabwe for daring to reject Robert Mugabe and Zanu PF in the March 2008 vote. And the people were punished! 

“What was accomplished by the bullet cannot be undone with the ballot!” thundered Robert Mugabe, cheering along those who were destroying property, intimidating, beating, raping, abducting and over 500 were murdered in cold blood. 

“Zanu PF has declared war on the people!” cried Tsvangirai as he announced his withdrawal from the run-off. 

The primary reason for setting up the 2008 to 2013 GNU was to implement the democratic reforms to stop a repeat of the blatant cheating and wanton violence witnessed in 2008. Zanu PF has emerged out of the GNU with all its dictatorial powers untouched because MDC leaders took their eyes off the reforms agenda. 

Mnangagwa and his cronies in the National Army arm of JOC flexed their dictatorial powers to ouster Robert Mugabe in the November 2017 military coup. Mugabe had his own supporters in the junta, the Police and CIO, but they were outgunned and outmanoeuvred. 

Only the very naive and gullible believed that the 2018 elections would be free, fair and credible. Mnangagwa and his Junta were never going to stage a coup to seize power and then eight months later risk losing it in free election particularly when they still had the dictatorial powers to rig the elections. They are rigging the 2023 elections as we speak! 

“There must be mass demonstration of our sovereign by voting them out in our millions in 2023!” says Sikhala. Well Zanu PF, for its part has denied 3 million Zimbabweans in the diaspora the vote. Remember Mnangagwa supposedly won the 2018 elections with 2.4 million voters or 50.8% of the cast votes and so the diaspora vote is very significant indeed!

The truth is Zimbabwe is in this pathetic situation of trying to win rigged elections for no other reason other than the fact that MDC leaders are ashamed to demand the implementation of the democratic reforms to ensure free and fair elections because they will have to admit they wasted the golden opportunity to implement the reforms during the 2008 to 2013 GNU. 

The overwhelming majority of the ordinary Zimbabweans have yet to figure it out that MDC leaders sold-out big time during the GNU by failing to implement even one reform. And so MDC leaders are taking full advantage of the naive and gullible public that reforms are not necessary. 

Zanu PF is the chief beneficiary of holding these flawed elections because the party does not have to worry about implement the reforms and so continues to blatantly rig the elections. And by participating the people give the flawed process credibility and give the vote rigging Zanu PF legitimacy. 

Job Sikhala and the fellow opposition politicians are after the few gravy train seats Zanu PF gives away as bait to the opposition to participate. Zanu PF needs the participation to get legitimacy and the few gravy train seats are a small price to pay for it. 

Of course, Job Sikhala, Nelson Chamisa and the rest in the opposition camp would love to to form the next government. They know that Zanu PF will never lose an elections in which they have carte blanche powers to rig. 

Chamisa and company are banking on mass street protest, to protest the economic hardship, rigged elections anything, to propel them to State House. Meanwhile the opposition will be content with the few gravy train seats and all the other titbits the get from Zanu PF.

Zanu PF are not going to reform themselves out of office, the party has the carte blanche powers to rig elections and, of course, they will never give up these powers nor will they stop using them to retain power. 

There is no doubt that the Zanu PF dictatorship will collapse one of these fine days, it is rotten to the core and MDC leaders should have delivered the coup de grace a long time ago if they had not been so corrupt and incompetent. Still, the Zanu PF dictatorship will end through violence, another military coup or street protest. 

The demise of Zanu PF will not bring the democratic changes the nation has been dying for all these years; the new regime will only be keen to consolidate its own grip on power and so would be tempted to keep the dictatorial powers for itself. 

What the people of Zimbabwe should need to do is to wake up to the political reality that they have nothing to win from participating in these flawed and illegal elections. The opposition are taunting the public to protest with claims of stolen elections when the opposition themselves are the one aiding and abetting Zanu PF to rig elections by failing to implement reforms even when it was in their power to do so. 

The best course of action for the ordinary people is to put their foot down and demand the implementation of the democratic reforms before elections. Free elections is a right and not a privilege and so why should they have to participate in flawed and illegal elections especially after 41 years of rigged election.

By Patrick Guramatunhu- Zimbabwe is in this economic mess and political paralysis (both the ruling party and the opposition are corrupt, incompetent and clearly have no clue how to get the nation out of the mess and paralysis, all they care about is political power). 

Sadly, for the country the ordinary people themselves don’t even know their left from right hand as regards what is going on. They look up to the country’s civic organisation for guidance only to get confusion, at best, otherwise poison. 

“We urge the Second Republic to enact electoral reforms and reinstate by-elections to ensure a return to participatory democracy and that citizens are equally represented in council and Parliament,” said the Election Resource Centre (ERC).

“Despite promising to preside over a democratic government that respects the Constitution, rule of law, and tolerance, it is regrettable that four years after these utterances by President Emmerson Mnangagwa and 41 years after independence, Zimbabweans are underrepresented in Parliament and local government, with rampant human rights violations that were tenets of colonial rule under Ian Smith.”

Organisations like ERC are a waste of space and time and the nation would be better off if they never existed at all!

In the 41 years of Zimbabwe’s independence, the country has never ever held free, fair and credible elections. In the 1980 elections, Zanu PF bolded stated that the bush war would continue if the party lost the elections. Of course, the people voted to end the bush war. 

After the 1980 elections, there were some wooly mammoth minded individuals who tried to down play Zanu PF threat, dismissing it as political banter. The fog in their heads clearly soon enough when Robert Mugabe launched the 1983 to 1987 Gukurahundi massacre that force the late Dr Joshua Nkomo to sign the December 1987 Zanu PF and PF Zapu Unity Accord and clear the way for the imposition of the de facto one-party dictatorship. 

Zanu PF has ruled Zimbabwe all these last 41 years, except for the five years of the 2008 to 2013 GNU when it shared power with MDC, precisely because the party has enjoyed carte blanche powers to rig elections. The 2008 elections have become the watershed elections in that Zanu PF blatantly cheated the March vote and used wanton violence to win the run-off that followed. 

The whole international community, including SADC and the AU who had always turned a blind eye to Zanu PF rigged elections in the past, condemned the 2008 elections are a farce. SADC leaders forced Robert Mugabe to agree to the implementation of a raft of democratic reforms designed to restore the individual freedoms and rights and stop a repeat of the 2008 rigged elections. 

The task of implementing the democratic reforms during the GNU was left to Morgan Tsvangirai and his MDC friends. Sadly, they turned out to be corrupt and breathtakingly incompetent; they failed to implement even one token reform in five years. Not even one!

To be fair to SADC leaders, they did advise Morgan Tsvangirai and his MDC friends not to participate in the 2013 elections without first implementing the reforms. 

“In 2013 the Maputo Summit, in June 2013, before the elections, the Maputo Summit was all about having the elections postponed – the SADC summit. I went there,” Dr Ibbo Mandaza told Journalist Violet Gonda.

“I was there at the Summit and Mugabe pretended to agree to a postponement of the elections. If you recall, the postponement was based on the need to reform at least electoral laws.

“And after that Summit, Morgan Tsvangirai, Tendai Biti, Welshman Ncube, all of them were called to a separate meeting by the Heads of State of SADC in the absence of Mugabe, that same evening. And they were told; I was sitting there outside the room with Mac Maharaj; they were told ‘if you go into elections next month, you are going to lose; the elections are done’.”

As we know Tsvangirai and company ignored the stern warning and participated in the 2013 elections. Zanu PF blatantly rigged the elections, as SADC leaders had rightly predicted. 

If anyone thought the MDC and the rest of the country’s opposition camp had learned the lesson and would be demanding meaningful democratic reforms BEFORE the 2018 elections, that was not to be. Nelson Chamisa, as the candidate of the MDC A, plus 21 other opposition candidates contested the presidential race even thou ZEC had failed to produce something as basic as a verified voters’ roll. 

Zanu PF went on to blatantly rig the 2018 elections too.

By participating in these flawed and illegal elections the opposition is giving vote rigging Zanu PF legitimacy. 

The 2013 and 2018 elections were a mockery of democracy and should be roundly condemned and ERC should be making it clear with no misunderstanding and equivocation that the next elections be they by-elections or the 2023 elections will be a waste of time if they went ahead with no meaningful reforms implemented.  

“The ERC explicitly emphasises that calls for electoral reforms and the reinstatement of by-elections do not imply a push for regime change, but are key for true representative democracy,” ERC said.

This is nauseating! 

The right to govern must be derived from the democratic wish of the people expressed in free, fair and credible elections and if the people’s democratic wish should mean regime change so be it. So why is ERC, an organisation supposedly fighting democratic rights and a meaningful say in the governance of one’s country, be ruling out regime change. 

Regime change is not a dirty phrase as Zanu PF thugs have brainwashed many to believe. According to Zanu PF propaganda ordinary Zimbabweans are incapable of attain the political conscientiousness to desire Zanu PF regime change and so the party attributes all such desires to outside influence, the West. Of course, it is nonsense!  

After 41 years of rigged elections the people of Zimbabwe must demand the implementation of the democratic reforms to ensure free, fair and credible elections. If the democratic wish of the people is for regime change, they must have regime change and no apology for that!