I feel sorry for the grieving MDC supporters, having lost a case that meant a lot to their destiny. In as much as ZANU PF gets blamed, most of such blame is unwarranted. Early this year I posted my own analysis on issues that ought to be taken as real cause of problems in Zimbabwe. See [Irresponsibility betrays the Zimbabwean Constitution].
Possibly, it is the partisan posture that takes away our reasoning capacity? I have no doubt that eventually, the real stumbling block will come to light. We have a constitution that is designed to protect the rights of all Zimbabweans. But why do the aggrieved politicians fail to take advantage of it’s provisions?
Take one simple example: The perennial allegation of the abuse of the traditional leaders in the rural areas? The constitution is unambiguous as clearly stated in Section 281; Principles to be observed by traditional leaders:
(2) Traditional leaders must not—
(a) be members of any political party or in any way participate in partisan politics;
(b) act in a partisan manner;
(c) further the interests of any political party or cause; or
(d) violate the fundamental rights and freedoms of any person.
The fundamental question to ask is did the traditional leaders abide or not abide by these rules during the election season? I find the answer resting with those participating in the electoral processes, and not necessarily the Judges.
If traditional leaders violated Section 281, I do not expect an unethical party to rebuff support given to it by traditional leaders. It is incumbent upon the aggrieved parties to raise complaint. The question is; what does the constitution say a complainant should do when the constitution is violated thus?
I am aware of the proclivity to denounce this assertion, judging by the fact that my similar previous article was disregarded. Though not a lawyer, myself, I assume that Lawyers are trained to handle legal matters of this nature.
The aggrieved party, having lost the electoral complaint is MDCA. Could I be wrong in assuming that there is no other political party with legal brains as MDCA, in Zimbabwe? This includes their leader being a lawyer himself. With most of them having been involved in crafting the current constitution? So, where is their problem?
In the recent Constitutional Court ruling, Justice Malaba indicated that the litany of complaints brought before the Court were not new. “These could have been handled through various instruments of the justice system.” the Chief Justice declared. The question remains: Why were those instruments not utilized?
Hiring Lawyers from outside the country, without evaluating our own attitude towards our own constitution, may not necessarily be a reflection of wisdom. Expecting the so-called rich Western countries to use their muscles to punish the supposedly intransigent ZANU PF, is folly. Those countries have their own problems—possibly more serious than ours.