5 November 2019
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  • Chamisa is refusing to submit to the rule of law before he is the president; what will happen when he controls the apparatus of state power?

BY DR MASIMBA MAVAZA| I walked in the hospital ward in one of our main hospitals in Zimbabwe. The stench of death enveloped the corridors. There was no nurse in sight, no doctor insight either. I entered into one ward nobody asked me what I wanted. I saw and counted with tears running down my cheeks. I counted seven dead bodies in one ward. There was no one to remove the dead to the mortuary. Some patience could be seen walking slowly in corridors. They had discharged themselves. Those who could not walk were forced to share the ward with the dead bodies. The situation was dire nurses are working three days a week, doctors are all on strike the military medics drafted in hospitals look completely confused and are seated on work stations chatting to each other some were on their phones.

A strike of doctors in a large hospital required changes in prehospital and emergency department delivery of services.
Unfortunately there is no explanation of how the strike was handled by one emergency department as are comments on implications for emergency physicians and lessons for future strike situations.
The people of Zimbabwe were the biggest losers in this situation.

Besides the issue of salaries Doctors are saying there is no equipment to use in the hospitals and there is no medication. Those who have money will have to go and buy in the pharmacies were they are forced to buy in US dollars. Who can afford US dollars in this situation the country is in.

The Health Service is suffering among other areas in emergency departments; emergency theatres;in-patient and other wards, and planned obstetric procedures (based on maternal and foetal well-being).

The works planned in-patient and day-case surgery in hospitals has long been cancelled. all out-patient appointments have been long forgotten including adult, maternity and paediatric appointments. Local injury units are no longer operational.

Strikes by health workers are a global occurrence. Strikes are caused by many factors, such as suboptimum remuneration,unfavourable working hours,high malpractice insurance premiums,poor working conditions. There has been much debate about whether it is ethical to withdraw services deemed essential for survival and on the potential detrimental effect of such strikes on mortality.

Zimbabwe’s situation is the direct effects of the sanctions. The EU and the Americans have cited the Rule of law as reported by the opposition or the abuse of it.

Zimbabwe has no legitimacy issues. The issue of legitimacy was settled bu the Constitutional court. Those who are refusing to accept the ruling of the court are the ones who are abusing the rule of law. Chamisa is crying about legality he has told his handlers that there is no rule of law in Zimbabwe yet he is the one who approached the court to settle the dispute

The chief justice declared Mnangagwa president Chamisa is refusing to accept the ruling and he is asking for sanctions in order to force the government to capitulate and form a Government of National Unity. His policy of kudira jecha simply means if I can not get it no one else should. How does he talk about rule of law when he has failed to follow one simple judgement. The court made a judgement and Chamisa refuses to accept it because it was against him. He now goes to his handlers and tell them that there is no rule of law in Zimbabwe. As a result Zimbabweans are now dying in hospitals and in their own country, while Chamisa holds the trigger and smile as he fires poverty to the nation.

It is true that Power corrupts. So Chamisa is corrupt before he is in power. What more when he is in power. Chamisa is corrupt and he undermines the legitimacy of the court judgement now what will he do when he controls the state instruments. Will he not be worse? One of the pitfalls we do as people is to chose anyone just to be democratic. Unless ZANU PF is highly incompetent there is mo reason to remove it. Chamisa is refusing to submit to the rule of law before he is the president; what will happen when he controls the apparatus of state power? He will kill every judge who opposes him. The way he is killing the nation by advocating for sanctions shows a very heartless person. MDC A entered into elections which it lost emphatically.

Law is so technical and makes people pre occupied by the technicalities. Chamisa can recite all the law but he has not grasped the foundation of the law.
There is also the need to explain the genesis of the principle then move to explain the technical issues of law. Law is not methodical Law is not the issue of life it is a tool to resolve life. There is an issue of life the law wants to resolve. We must understand how the tool is working it must work to save the master. You must understand how the law law is conceived and how is it serving the master. The law is serving a purpose. It is meant to serve the Dynamics of life.

Chamisa has no principle he wants the law to save him and if it leans on the side of justice Chamisa disagrees with everything which does not agree with him. The sanctions are in place and they are using Chamisa’s report as a measure to the rule of law or the absence of it. Chamisa’s hands are dripping with the blood of the Zimbabweans he is literally killing through sanctions.

Mdc is not geared to have an awareness of their surroundings.
MDC is effectively saying personal interest must trump cardinal policies of democracy and enduring principles of democracy.
If your wife makes a half baked cake you do not destroy the pot. Courts are valuable insitutioms in our system. You do not destroy courts. Chamisa is burning the building to reach his selfishness. He is cutting down the branch where he is sitting hoping to kill the neighbour.
The behaviour of MDC begs the question of trust. If the opposition leader is exhibiting that level of immaturirity and insencierity even before they ascend the enticing thrown of power. How safe is our lives or that of our Children.
Anybody has a right to probe him how secure is the future of our lives if he is demonstrating flagrant disrespect of the institution of the judiciary even before he ascends to power. What will he do when he gets there. Where he is now he has no capacity to diminish our judiciary other than putting it into disrepue. When he gets in power he will
Have the means and that is when
Our terror begins.
We are talking about an advocate. He is is not disrespecting the supreme court out of ignorance. He is an officer of the court and he is doing it intetionally.
If you take any MDC activist who trained as a nurse with all the due respect you can forgive them for not understanding the rule of law. If you talk about an advocate who behaves like this he is inciting millions to behave with scorn towards our courts then the future of our children is at risk.
Tje institution of the court as a neutral arbiter it plays the part of a bulwark against excesies and abuse. We expect our leaders curent and intending leaders not to diminish that institution but to enhance it. Democracy is not measured by how much you praise the court system when it is finding in your favour. A democrat is one who respects the court even if it finds not in your favour. Democracy depends on what is in the interest of the country now and going forward.

MDC has refined democracy to suit what is in line with their objectives. What is in their personal interest. Democracy is much wider than that it is not in that narrow squick. Democracy will be a tricky and untrustworthy concept if it relies on personal feelings.
Democracy requires you to be consistent stick to principles.Do What you do in the best interest of the nation. There is no court that can follow petulant behaviour of a litigant
We should have compassion and sympathy with the supreme court judges. Their mistakes can not be reconsidered. We should not crucify them even if they made errors. If we keep hammering on their mistakes we are going to destroy the very institutions we created.

If Chamisa lakes the conception how can he be trusted with anything. We have a problem Chamisa is a spoiled and pertulant child who convinced himself and others around him that he has to be a president. When this did not happen all hell broke lose. He behaves like a spoiled child who takes the ball away when he loses. The problem with Chamisa is that the ball is not even his.

Chamisa is taking the ball no one is playing yet the ball is not his. Chamisa believes we should not be Zimbabweans until he wins. He does not understand that the constitutional court was not set for the elections. Chamisa believes that the court is meant to decide on his presidency. It is part of our social contract that we will not throw away the baby and the water together.

What Chamisa is doing is what we call a talk over the boundary. As neighbours gossiping. In MDC’s criticism there a very little technical analysis of the court. What is repugnant about it is this boundary talk which Chamisa is doing. They are not putting up legal argument except attacking judges and their means.

What happens to Malaba and what packs he has, does mot explain how the decision was faulty. Judges are allowed to negotiate for their salaries. Raising these arguments after the court decision generates that judges are obligated not to respond to you. This becomes abuse. We have a presidential candidate who is abusive to the system. The judgement imputes corruprltion to judges without proof. We are dealing with an abusive party which can not respect the dignity of the supreme court judge. They claim to be defenders but they abuse Judges. If these people get near state house can you imagine. If they can abuse the judges who can not respond to them what will happen if they get into power. What will happen to the poor people. In politics you sign up to the tumbles and rough and tumble of politics. Judges never sign to such. It is unfair it is unjust it is unethical to abuse them. If you call yourself an Advocate, if you can abuse judges what chance do the guys in Muzarabani have?

The position in Africa is so sad. There is a binary approach which says if you are in government you are bad. If you are in opposition you are good. This is unprofessional and unethical especially if it is spread by those who are meant to stand for fairness and justice.

The biggest test for the opposition is whether it is legitimacy holding the gvt to account on behalf of the people not to account on behalf of MDC is a selfish stant. On whose behalf is MDC holding to an account on whose behalf. This tantrum of demonising the supreme court is unfair and inhumane. Demonising the government duly elected by the people and confirmed by court at your instigation is witchcraft.

Chamisa is saying Zimbabwe has no government from one election to another until he is in power. 

This the narrative he has peddled to the EU and as a result Zimbabweans are suffering. Chamisa is simply undoing what Tsvangirai has done and employing students politics. His lickers who are heartless and cruel cause havoc with an idea of creating anarchy.

The very sad thing is that these guys are lawyers yet they have the audacity to attack the institution of justice. MDC A is putting the spirit of violence so that they provoke the state to action. When they are arrested they send a message that there is no rule of law. It is actually the MDC A which has refused to accept the ruling of the court.

If only Chamisa could visit our hospitals and see what the writer saw he will change his stance. People are suffering Zimbabwe. Sanctions must go.

The effects of sanctions are so serious. They are evil. The most painful thing is that there is a Zimbabwean who is urging the EU to press on on sanctions. Those who have a heart must never advocate for sanctions. MDC A is the outright enemy of the state. Zimbabwe needs those who are prepared to be patriotic and stand as one to plead for sanctions to go.

Shame on Chamisa and those who benefit through him.

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