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  • Writer's picturerutendo matinyarare

Lawless Land Of Zimbabwe

Yesterday MDC leadership unwittingly exposed its immature, arbitrary and reckless approach to the law by the testimonies of its two leaders at the commission of enquiry where they conducted themselves as juveniles at a student union campaign rally.

The two leaders failed to appreciate the gravitas of the commission and the fact that commissioners called them to test allegations leveled against them by examining their attitude, conduct and responses to their questions against the laws of the land as due process.

In the face of these objectives [of the commission], Chamisa brazenly and arrogantly intimated that his belief was politics trumps the constitution and so therefore MDC was intent on pursuing the legitimacy of our president politically, despite the ruling of the constitutional court.

In other words he was saying they are going to push for a political outcome on the resolution of an issue already resolved by the con-court: the winner of the Zimbabwe presidential elections.

This was a basic declaration of anarchy because on a dispute of law and administration that has already been settled by the highest court of the land, what other action, later on political action can exist outside the supreme law of the land besides mischief or criminal action?

Moreover, if that political action is resisted as it rightfully should, what other political contingencies will MDC take and what would be the response to them and outcome?

With this in mind, now put yourself in the shoes of the commissioners. How are these revelations likely to influence them as they assess the allegations that MDC incited violent protests on the 1st of August. Versus their [MDC’s]defense that their leadership had nothing to do with calling for the August 1 protests because they abide by the law and would never ask for violent protests.

Earlier that day, a lawyer and leader of MDC: Tendai Biti had slanderously pronounced that ZNA soldiers killed protestors on the 1st of August. This he did without concrete proof and due process legally establishing this conclusion.

Biti goes on further to make more unfounded allegations by claiming that the same army also killed more than 20 000 people during Gukurahundi, a number he changed to 30 000 people in the same presentation.

This is despite his conclusions not being supported by four independent reports on Gukurahundi by the Catholic Commission for Justice and Peace, the Bulawayo Legal Project Commission, Lawyers Commission For Human Rights (New York) and Amnesty International.

Essentially Biti has unilaterally decided in his kangaroo court that Zimbabwean soldiers are guilty of murder without them having been proven guilty by an independent tribunal or court as per our constitutional standard.

However, having found the army guilty without trial, he decries the commission’s points of reference as flawed because they seem subjectively biased toward a witch-hunt to establish MDC as having caused the protests for an ulterior motive.

What is concerning is both these men present themselves as constitutionalists, yet they do not unequivocally abide by the same constitution. They express unconstitutional views, give unconstitutional testimonies that are backed by selective, sporadic and biased application of the constitution.

This selective application of the constitution characterizes an impunity in conduct we saw when Chamisa usurped power from Khupe in MDCT after the death of Tsvangirai.

These acts are an indictment on MDC and are disconcerting signs of unilateralism, recklessness and living outside the rule of law in the same way they say Zanu PF does.

Some might even suggest that MDC are using weaknesses in our jurisprudence and security system to push the envelope of political brinksmanship. And it would seem Zanu PF knows precisely what MDC is doing as they seem to be responding in kind as the two play Russian Roulette with Zimbabwean lives.

Irrespective, MDC leaders erred in their politicized approach to the commission. Putting a dent on our democracy by throwing cunning unconstitutional provocations which turn our political landscape into a veiled contestation of underhanded tactics through which innocent people are the fodder.

By MDC expressly refusing to adhere to the ruling of the constitutional court in favor of non-disclosed, unconstitutional political actions. They basically declared a no-holds-barred, endorsing division and lawlessness in the nation’s political landscape. Challenging Zanu PF to respond accordingly with counter chicanery in this evil contestation.

All this political maneuvering has no benefit for Zimbabweans. It does not unite us or help us focus on building the nation but it just results in a lawless Zimbabwe that is unprogressive due to internecine conflict.

By Rutendo Bereza Matinyarare

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