IS MNANGAGWA A CONSTITUTIONALIST OR POLITICAL STRATEGIST?

Amid the rise of calls from the public, social organisations and public representatives, for the president of Zimbabwe, His Excellence Emmerson Dambudzo Mnangagwa, nicknamed Cde Trabablas, a wartime name though his military credentials remain questionable, to resign over what some call insatiable political ambitions to remain in power by extending his term in office by another two years to 2030, under the banner of what a fraction of his supporters within the ZANU PF party itself, dubbed as ED2030 or VISION 2030. The extension of the two term limits requires the amending of the Zimbabwe 2013 Constitution to happen. Though constitutionally doable, political experts has called it an illegality since there is no constitutional reason that justifies the amendment of the Constitution to pass. On the 16 of February 2020, the president of Zimbabwe came out on a media briefing, brazenly declaring himself a constitutionalist. A declaration that he has repeated several times, but found no traction nor entice public trust, due to seeable absence of substantive bona fide in the president's declarations, as evidentiary material of continuous actions of  the involved political actors affiliated with ZANU PF/ED2030 on the ground proves otherwise, leading many to question the sincerity of the president's desire to leave office at the end of his constitutional term. Mnangagwa's supporters continue to chant ED2030 slogans, and those  opposed to the idea are, systematically chunked out of the party, openly threatened or secretly silenced. This has led to the Zimbabwe National Liberation War Veterans Associations, a very influential organisation in the broader politics of Zimbabwe and the internal affairs of ZANU PF as a party, to come out guns-blazing denouncing any political ambitions to extend Mnangagwa's rule to 2030, and warning against the sheer entertaining within ZANU PF party structures and associated parallel structures of any rhetoric that advances the idea, leading to a number of press briefings, meetings, individual re-alignment, and ultimately the purging of some, so-called rogue members of VARAKASHI4ED/ED2030, a parallel ZANU PF media organisation promoting Mnangagwa and the extension of his rule to 2030. The ZLNWVA, though its number is dwindling, is an organisation that comprised of Zimbabwe ex-combatants who fought in the War of Liberation of  Zimbabwe. It is a ruthless militant organisation that spearheaded the mass peasantry-led land invasion in the build-up to the 2000-2004 Land Reform programme in Zimbabwe. It is also, a staunch supporter of ZANU PF itself, that in 2017, under the leadership of Chris Mutsvangwa and Victor Matemadanda successfully initiated coup de tat of former Zimbabwe feared strongman, president Robert Gabriel Mugabe after 37 years in power. 

ZANU PF can only consume itself, and it stands on a provable record of devouring its own children.

The man leading ZLNWVA splitter as it is portrayed, Cde Blessed Geza, ZANU PF central committee member and an ex-combatant, is being characterised as bitter opportunist, and dismissed as a factional leader by ZANU PF, and ZLNWVA he purport to be serving, and still under its umbrella, has significant moves, capably forefronting ZANU PF political squabbles of succession infighting, as well as denouncing the rumour to extend Mnangagwa's term in office by another two years after his term come to an end in 2028 as stipulated in the Zimbabwe 2013 Constitution. Cde Blessed Geza's actions has attracted mixed reactions including political support and endorsement among economically disgruntled Zimbabweans who are opposed to the extension of Mnangagwa's rule to 2030, citing the sad state of Zimbabwe's health facilities, public infrastructure, road carnage, abandoned national projects, rampant corruption, lack of public services, depreciating civil servants salaries, taxation issues, cost of living, rise of tenderpreneurs masquerading as businessmen, holistically the hopelessness of the economy, as good reason to convince the president to rather step down as of now. 

The appearance of Vice President of Zimbabwe, Cde Constantino Chiwenga, considered in the ZANU PF circles, and public sphere a long time friend, and political ally of Mnangagwa recently on a public platform preaching unity, but in the same equation dancing to the whims of the public tune, conspicuously denouncing corruption, deteriorating living standards, the suffering of the people of Zimbabwe, and the individuals' rhetoric aimed at advancing the ED20230 MANTRA, as self-centered agents of factionalism, and equating the same individuals who in the public perception are the beneficiaries of corrupt deals within the government, hence standing as voluntary brains and sponsors behind the ED2030, to ensure their continued looting of State resources under the protection of Mnangagwa leadership at the cost of the country, as CHIGANANDAS (CROOKS, Overnight Millionaires and Briefcase Businessmen) speaks volumes. Chiwenga's outright harsh condemnation of corruption, echoing Blessed Geza's utterances who has gained public endorsement invoked widespread political speculations, with many seeing it as a repeat to the military ouster of former President Robert Mugabe in 2017.

Over four decades under yoke of political quagmire, and nearly 25 years, economy in tatters is never to be underestimated. Oppositions parties have become redundant, politically defunct in Zimbabwe, leaving the public with no representation and voiceless. Elections are constantly alleged to be rigged hence delivering  fraudulent electoral results, and the society has grown a fatigue in democracy. Now, Zimbabweans seem to bank their trust for change in men in uniform to perform what is supposed to be the constitution's duty. In public eyes, Chiwenga present himself as the suitable candidate as an ex-military person, and a former liberation ex-combatant. By virtue of that fact, Chiwenga is presumed to possess the capacity, and needed political leverage even in the securocrat to unsettle the ZANU PF establishment, and deliver Zimbabweans to the land of honey and milk in the same way the biblical Moses did to Israelites. But, has God heard the Israelites, of their suffering under captivity of so-called democratic elected Pharaohs? 

With particularity to current events, it was a catastrophic miscalculation by pro-ED2030, to assume Chiwenga, a military man himself, would swallow the public humiliation of his own in the form of a renewed political witch-hunt directed at Cde Geza, for his denunciation of Mnangagwa's familiocracy tendencies, corruption activities, economic mess et al that he described as testimonials of the leadership failure under Mnangagwa, that, subsequently run against the purposive aspirations of the liberation struggle. Worse therein, Cde Blessed Geza explicitly demanded the cessation of ED2030, and the replacement of Mnangagwa by a military cadre at the end of his term of office in 2028. A military cadre, though not clearly stated seems to be Constantino Guvheya Dominic Nyikadzino Chiwenga. To the people, a better evil. Who unlike selfish, greedy and corrupt nationalist politicians as Geza put it, men in his company describes as, a person with a clear understanding of the purpose of the struggle, the needs of the people, and a vision for the country at large. 

Its a political chess, and politics follows power, power builds political conman whilst people make leaders, and leaders serves at the benevolence of the people to their satisfaction.

HOW CONSTITUTIONALISM FUNCTIONS

Constitutionalism is placed at the apex of political and legal virtues, and is about the normative and structural premises of political orders > Nicholas Tsagourias, 'Constitutionalism: a theoretical roadmap'. Constitutionalism encompasses institutional devices and procedures which determine the formations, structure and orderly functioning of government, and it embodies the basic ideas, principles and values of a polity which aspires to give its members a share in government > U. K. Preuss, 'The Political Meaning of Constitutionalism'. In simple terms, constitutionalism is the adherence to a constitutional system of governance > Justice SM Mbenenge, 'Transformative Constitutionalism: A Judicial Perspective from the Eastern Cape'. Therefore, the constitutional governance translates to the understanding that government can and should be legally limited in its powers, and that its authority or legitimacy depends on its observing these constitutional limitations, and meaningful limitation is possible if constitutional constraints are entrenched, and resistant to change or removal by those whose powers are constrained > Stanford Encyclopedia of Philosophy, 'Constitutionalism'. As for a Constitution, it refers to the whole body of fundamental laws, customs, conventions, principles, rules and regulations according to which a particular government of a country or organization operates > Prince Nwinee, Desmond Nbete, 'Aristotle on Constitutionalism: A Critical Appraisal'. 

Constitutionalism is grounded in the supremacy of constitutions, and the pragmatic implementation of constitutions demonstrated in its visible functionality, that consequentially implies the existence of constitutionalism, as reflected in the operational and effective rule of law, checks and balances, bill of rights, free and fair elections, multiparty system, separation of powers, judicial independence, constitutionality in constitution amendment and promulgated laws, and constitutionally protected independent institutions to support democracy. This brings in the question how constitutional is the actions of the ZANU PF government of Zimbabwe, for its president as the leader of his political party in government, head of State and head-functionary of a government of his own creation, to qualify the test of a constitutionalist. 

Free and Fair Election:

Mnangagwa was elected the leader of ZANU PF, immediately after the resignation under a coup de tat of the then first secretary, and former president Robert Mugabe in November 2017. In 2018, presidential elections were held relatively peaceful, however the outcome of the election was quickly disputed by Movement for Democratic Change Alliance(MDC-alliance) as fraudulent. Reasons for that was voter intimidation in most rural constituencies, incompetence and vote manipulation by Zimbabwe Electoral Commission in favour of ZANU PF casting doubt on the independence of the institution (ZEC), refusal by ZANU PF to allow diaspora vote, to mention a few. This tainted the credibility of the pronounced electoral outcome of ZANU PF as the winner, prompting demonstrations across the country, which were met by security apparatus with lethal force resulting in the death of some protesters. With no electoral reforms called for by opposition parties, the pattern repeated itself in the 2023 Presidential elections, with electoral observers declaring 2023 elections as not free and fair pointing to numerous irregularities. The major opposition party, then, Citizens Coalition for Change(CCC), again disputed the election results as rigged, and refused to accept Mnangagwa as the legitimate winner. Elections are a constitutional vehicle of democracy, and any tampering with the election processes undermines the legitimacy of its outcomes, but Mnangagwa proceeded to assume the presidency of the country.

Rule of Law:

The rule of law emphasizes the supremacy of the law, equality of all before such laws and prevents arbitrary use of power, however the governance system in Zimbabwe under Mnangagwa's watch has proved the existence of rule by law by legitimizing the illegality. Force it down the throats of the citizens. In 2019, Zimbabwe passed Maintenance of Law and Order Act(MOPA) that has been used to deny political assembly, and ban opposition parties rallies. Mnangagwa government recently, passed Private Voluntary Organisation Amendment Bill(PVO BILL), that severely tamper with freedom of speech, civil society organisations and non-governmental organisation operations. Though there was public outcry on the constitutionality of the Bill, the president continued to sign it into law. Criminal cases in particular, the Prisca Mupfumira Case, for defrauding National Social Security Authority(NSSA) of US$95 million, and Henrietta Rushwaya Case, for trying to smuggle 6kg of gold are being thrown under the carpet and forgotten. Zimbabwe Anti-Corruption Commission(ZACC) stand accused of applying the law selectively with no tangible prosecutions yet. Individuals with proximity to the president and government offices are throwing large sums of money around the country, whose source can not be traced or explained, while hospital have no medicines, and civil servants salaries are pathetic. Journalists can not do their job freely without being called for police questioning. Heart and Soul tv (HStv) journalist, Blessed Mhlanga has been summoned by law enforcement numerous times for such. Blessed Geza, ZANU PF rebel is currently being hunted for criticizing the government, and his wife is said to have been abducted by the police.

Flourishing Multiparty:

Opposition parties in Zimbabwe under the leadership of Mnangagwa are not allowed to exercise their  constitutional right to association and gathering to conduct their political activities without hindrance. For them to do that, they are required to obtain police clearance under the Maintenance of Peace and Order Act and is granted at the will of partisan police officials some of whom are aligned with ZANU PF. This requirement through its regulations stiffles constitutional democratic activities, and has been used to ban opposition parties rallies.

Separation of Powers:

A state has three pillars, the Executive, Legislature and Judicial, and each organ has to function independent of the other two pillars. The unfortunate part is that, the Zimbabwe 2013 Constitution bestows on the president powers to appoint and remove judges, with participation of Judicial Service Commission(JSC) only limited to recommendations for appointing and silent on removal, leaving the judiciary with insufficient constitutional protection, and vulnerable to political manipulation at the will of the president. In 2021, Mnangagwa used section 186(1) of the Constitution to appoint and extend the term limit of Chief Justice Luke Malaba though the extension has been declared illegal by the High Court, compromising not only the separation of powers, but also judicial independence.

Judicial Independence:

The judicial is the upholder of the supremacy of constitutions, and custodian of rule of law, the heartbeat of constitutional democracy, therefore its independence is crucial to the proper functioning of the three pillars of State to ensure checks and balances, and transparency and accountability. On 1 September 2021, Zimbabwe Lawyers for Human Rights, Robert F Kennedy Human Rights, and International Association For Human Rights Institute wrote a letter to the Special Rapporteur on the Independence of Judges and Lawyers United Nations, voicing concerns over Judicial Independence in Zimbabwe. The letter was motivated by (i) Constitution of Zimbabwe Amendment No. 2. (ii) Fixed Term Appointments in terms of section 186(3) of the 2013. (iii) Judicial Officers' Rights to Freedom of Expression and Association. (iv) Systematic Denial of Bail to Government Critics. (v) Oversight of Individual Judges. (vi) Corruption, and (vii) Retaliation Against Those Speaking out against Threats to Judicial Independence. All the complained about developments happened in the watch, and presidency of Emmerson Dambudzo Mnangagwa.

Transparency And Accountability:

The ZANU PF led government under the leadership of Emmerson Dambudzo Mnangagwa has failed all tests of the doctrine of transparency and accountability. In terms of Oxford Dictionary, transparency entails the quality of  something that makes it easy to understand, whilst accountability refers to the fact of being responsible for your decisions or actions and expected to explain them when asked. Zimbabwe is currently embroiled in JEALOUS MAWARIRE- POSB Saga, whose contents has controversial information that involves the name of the president. There is still unexplained Munhumutapa Investment Fund, whose formation stand accused of intended to benefit the bureaucracy, and certain ZANU PF aligned businessmen. The President's hand-picked government ministers some stand currently accused of academic fraud, and are still hanging on to their positions with no immediate consequence, when provided proof of such, as public office holders, should immediately face dismissal or voluntarily resign.

It is therefore naive if not suicidal to politically entrust on one, what he/she has failed, and its only for the political novices to believe Mnangagwa is a constitutionalist when his record exposes the president's failure to uphold the Zimbabwe 2013 Constitution, and its supremacy.

   

..................................................................................................................................................by P Dekeya