Terrence Mawawa|Yesterday was an important day that saw thousands of Zimbabweans led by the MDC Alliance marching in Harare calling for the establishment of a National Transitional Authority (NTA) to steer the country back to legitimacy, however, Ms. Miriam Mutizwa, an activist believes in pushing for the restoration of the rule of law in her motherland and she asks whether it is time for the NTA or for the Rule of Rule to reign supreme?

A petition was presented to the Speaker of Parliament, Hon Jacob Mudenda, and was copied to the Southern African Development Community (SADC) Chairperson, H.E. Hage Geingob of Namibia, the African Union Chairperson (AU) Paul Kagame and President Mnangagwa in his capacity as the President of ZANU-PF.

Mr. Elvis Mugari, the Founder and President of the Combined Restitution Association for Zimbabwean Youths, said that: “It is ironic that the petition is premised on an allegation that President Mnangagwa is not legitimate notwithstanding the fact that all legal and constitutional remedies were exhausted before he took the oath of office.

The 2018 elections are over yet the driving force behind the demonstration seems to be premised on an injury that should have been cured by the Constitutional Court’s ruling.

It is not a secret that the outcome of the 2018 elections does not seat well with many of us. However, being a member of the Friends of SMM (FOSMM) has opened my eyes that instead of focusing on pathways to political office, an urgent investment needs to be made that focuses on active citizenship and the promotion, protection and upholding the rule of law.

I have noted that the constitutional immorality that was characteristic of the First Republic is very much alive in the Second Republic.

The real test of legitimacy has necessarily to be founded on the rule of law test. If we can establish as we have now done that the constitutional mischief is pervasive, then surely any rational President would soon know that he is not fit for purpose.

At this stage, we have managed to expose the fact that the Attorney General, Mr. Prince Machaya, is not the correct person to discharge the duties prescribed in the Constitution.

The mere fact that he would have no problem in publicly pronouncing that a law that divests shareholders and directors of their rights and freedoms is constitutionally sound and get away with this rubbish, suggests that we need to put our eyes on the right price rather than seeking to reverse the clock that has already seen a President being inaugurated.”

Ms. Mutizwa echoed Mr. Mugari’s sentiments by saying: “I also noted that the petition was also directed to SADC and the AU, both institutions that have already recognized the legitimacy of President Mnangagwa. It would be futile to assert an argument that has already been overtaken by events.

We need to subject President Mnangagwa and his administration to the constitutionalism and rule of law tests not because we dispute his legitimacy based on the electoral results but we have serious, legitimate and grave concerns about his attitude in respect of the supremacy of the constitution.

As citizens, we have often deferred to political actors to look after our interests but the reality is that many of them are in politics for egotistic reasons.

Indeed we all many not agree with MSNBC anchor, Chris Matthews, who said that contemporary Zimbabwe resembles a “tribal” form of politics where all the opposition does is say that people who win elections are crooked, that everything’s rigged, everything — nothing’s on the level, there’s no such thing as objective truth, everything is tribal, our side is always right, your side’s always wrong,” but the reality of confirms some truths in this.

It would be great to have the same people who challenge legitimacy of the President to join us in the struggle to protect the rule of law that seems to be the greatest victim of all.

From what I now know, I am gravely concerned that as long as we seek to play the man, we all will suffer because a game of musical chairs will never cure the problem.

I am reminded by someone who said that the absence of the rule of law, will always be poverty, unemployment and inequality.

History of human civilization has shown that no person, however, gifted in thought and deed, will ever deliver the change that we have been waiting for the last 38 years.

We have to wake up to the fact that change that we seek has to start with the provocation of anger at the individual citizen level and not by changing the people in statehouses.”