Tuesday, December 1, 2020

Elections will be held in 2023, but Zimbabwe has even bigger problems

By Rawlings Magede

 The Zimbabwe Democracy and Economic Recovery Act (ZIDERA) singles out the need for stronger and independent institutions as enablers for the conducting of free and fair elections. Section 3 (a) of ZIDERA deals with the independence of the Zimbabwe Electoral Commission (ZEC) which is supposed to carry out its functions assigned under Section 239 of the constitution in an independent manner. Section 3 (c) deals with the Defence Forces of Zimbabwe who are bound by the constitution in Section 208 not to act in a partisan manner or further the interests of any political party.

 The 2018 elections left a lot of talking points especially around the credibility of ZEC and the complicit of security services in determining electoral outcomes. The unfortunate events of August 1, 2018 left a dark cloud hanging over prospects for the enjoyment of fundamental human rights and freedoms such as the right to petition and demonstrate enshrined in Section 59 of the constitution. The extra judicial killings by well known members of the Defence forces all but confirmed widely held perceptions that our security services are not apolitical. The “useless and time consuming” Commission of Inquiry set up soon after the killings failed to bring perpetrators of the shootings to book. Its report was verbose and ambiguous with no clear intent of ensuring that such an unfortunate incident will not envelop our politics ever again. If anything none of its six “rushed” recommendations spoke on the need to build strong, independent and accountable institutions which form the cornerstone of a stable government. A democracy with strong institutions would be able to produce the essential elements of a fully democratic government through proper separation of powers thereby enabling a system which allows for checks and balances of the various arms of government.

In Zimbabwe, Strong Men have ruled our weak institutions, allocated unchecked power to themselves and largely depleted our resources through cartels oiled by patronage. But all this is a major digression from the main discussion topic. 2023 and the Youth demography The MDC Alliance Youth Assembly is currently seized with a campaign dubbed #OneMillionCampaign which seeks to mobilize a million new youth voices for change. This initiative is progressive as it seeks to target a new youth constituency that has either not actively participated in democratic processes such as elections or even stood up for their rights. While this noble exercise is going on, the State for all its intents and purposes has ensured that it closes democratic space in as far as freedom of expression and the right to petition or demonstrate is concerned. A key strategy throughout the year has been to clamp down protests as early and consistently as possible. 

The Impala car rental protests organised by the Zimbabwe National Students Union (ZINASU) bears testimony to that. The Union’s President, Takudzwa Ngadziore was kept behind bars for a lengthy period of time just to send a message of who really is in charge and discourage reactionary protests. The abduction of Tawanda Muchehiwa, nephew to Zimlive Editor, Mduduzi Mathuthu’s in broad day light demonstrates how far the State is willing to go to crush any form of dissent. As an inquiry into the abduction of Muchehiwa continues to unfold, it has also brought to the fore issues of heavy infiltration within the opposition party since one of the MDC Alliance members has been fingered for aiding in the abduction of Muchehiwa. Again as this is going on, ZEC has also been equally exposed for its lack of independence.

 Health Minister, Constantine Chiwenga who also doubles as the Country’s Vice President, announced a ban on by elections in October arguing that it was not safe to do so during the COVID 19 pandemic. To this effect, this has been challenged in court. Arguments cited are that such a ban infringes upon the independence of ZEC which has a constitutional mandate to ensure that elections are conducted efficiently, freely, fairly and transparently in line with Section 239 of the constitution. In response to the ban on by elections, ZEC chairperson Priscilla Chigumba highlighted that ZEC has no power in terms of the law to dictate to the Executive when elections should be held as it is not mandated to make policy decisions. Such a revelation however erodes citizens’ confidence in ZEC as it appears that the Executive controls this key commission. In the final analysis, the 2023 elections will come and go and will produce a disputed winner like before. Key reforms such as the need for ZEC to demonstrate its independence will continue to dominate and divide public opinion even post 2023.The bigger problems that we have ahead of the 2023 elections is the need to mutilate strong men politics and build strong institutions.

 To sum it up in former US President, Barack Obama’s words, No person wants to live in a society where the rule of law gives way to the rule of brutality and bribery. That is not democracy that is tyranny, and now is the time for it to end. Africa doesn't need strong men; it needs strong institutions

 Rawlings Magede is a Communication for Development expert who writes here in his personal capacity. Feedback on vamagede@gmail.com

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