By Mari Matutu| I have taken note of frantic efforts to hold demonstrations on the 31st July 2020. I see the Transform Zimbabwe president and some other political actors cheering up. The fronted excuse is s58 of constitution.
” Every person has right to demonstrate and present petitions, but these rights must be exercised peacefully”
I am not against the concerns raised by Mr Satiya Jacob Ngarivhume but against the approach and the excuse of s59. We have been there for 20yrs and repeating same thing but expecting different result is called madness. Here are my reasons of objecting s59 route:
i) By mere reading of the section you can see the right is limited,
ii) You demonstrate to an authority,
iii) The authority at your approval uses its discretion on how to respond.
iv) It shows you agree to the status quo but object on selected items.
v) It suggest you have remedy from the person you are directing your petitions.
vi) It suggest you are dealing with a legitimate authority and then forced to legal framework and dictates of the said authority.
vii) By this it does not resonate with agreed facts that are before us all, that:
a) Mnangagwa was not elected into office by people and has no authority of the people. He does not deserve to receive any petition as president because even after receiving the petition he still remain without power and authority to action it.
b) Malaba and Gwanzura were appointed into office as Chief Justice and deputy Chief Justice after a dubious Constitutional Amendment 2 which was later on squashed by Supreme Court. As it stand they are not Judges who went for public interviews and get constitutional authority over us and our judiciary system.
c) The same Judiciary has lost independence from the executive such that without our intervention there is no more state to talk of.
d) The parliament through its speaker and President of senate have violated the founding values of our constitutional democracy as stated in s3 of constitution. That is the rule of law, respect of rights of political parties, respect for people of Zimbabwe, from who the power to govern is derived, fundamental human rights and freedoms of political affiliation, freedom of association and dissociation, observance of separation of powers. To the extend that a Speaker of Parliament now carry membership register of political parties and can tell if an MP is really an MDC T member who contested under MDC A. It has come to that extend that disputes of political parties are settled by Speaker of parliament. Even after realising there is dispute on the Membership of MPs and having attended a court case that shows a dispute he choose to take a side. Not only does he take a side but he has the guts to recall an MDC A MP by telling him or her you have been recalled by MDC T.
e) We Have a Prosecutor who failed the public interviews and was number 8 on the list with score sheet below 50% but was appointed PG. Despite the strict requirements of PG to be equivalent to a Judge of Supreme Court we end up having an 8th position reject. Thanks to an imposter. The same imposter is using his jack to persecute the people. It is now a state security threat to hold a placard than to loot millions of state funds. By his instruction DJ Biscuit never slept in a cell because he is too smart kurumwa nenda. The DJ is current working as minister and fiddling with evidence.
f) To date we the people of Zimbabwe have not seen the implementation of the very constitution we voted for 7 years ago. The provisions of Chapter 14 of Constitution on devolution have never been implemented yet. However the regime has started amending constitution. Reversing the effort we spend all these years to have a constitution by the people.
g) To date Chigumba has not tell the people which figure of the three she gave is the correct figure Mnangagwa got. Recently in Malawi we had a president who won an election with one set of figures that was announced once and upheld. If we are to return to any election what type of figure do we expect. In Mathematics they have measure of accuracy like two decimal places or significant figures but for Chigumba her figures may be to the nearest 10 declarations. Once a figure is announced it stands and once that figure is found to be wrong the declaration is wrong. By admission the whole process of going to CC is a charade. Only to hear stupid statements that figures do not matter in an election. Then what matters?
h) Reserve Bank has become a Rozvi Bank. Year after year people’ s money is robbed under a lot of disguising excuses that have one end result. People’s saving disappear. A mere Secretary for information can direct the closure of stock exchange and mobile monies. Then after that you see a statement from the Reserve Bank obliging to that statement. What power does that Secretary have to decide an issue that affects property rights of people? Is a cabinet member? How many more of such statements can we get?
I tried my level best to highlight matters that must build our reasons to next action. Anyone can add or correct on the above.
If Weber defined power as the ability to achieve desired ends despite the resistance of others (Weber 1919a, p. 180), authority is when power or domination is perceived to be legitimate or justified rather than coercive.
Authority refers to accepted power—that is, power that people agree to follow. People listen to authority figures because they feel that these individuals are worthy of respect. Generally speaking, people perceive the objectives and demands of an authority figure as reasonable and beneficial, or true.
There are four sources that the revolution we must start on 31 July must derive its power.
A) The Preamble of the Constitution should be our source of authority and power. It should be the basis of revolution. We means two or more people. So any two or more people of Zimbabwe suits very well with the inscription on our Preamble. We are not demonstrating but revolting. If we can all read and memories the Preamble.
“PREAMBLE
We the people of Zimbabwe,
United in our diversity by our common desire for freedom, justice and equality, and our heroic resistance to colonialism, racism and all forms of domination and oppression, Exalting and extolling the brave men and women who sacrificed their lives during the Chimurenga / Umvukela and national liberation struggles, Honouring our forebears and compatriots who toiled for the progress of our country,
Recognising the need to entrench democracy, good, transparent and accountable governance and the rule of law, reaffirming our commitment to upholding and defending fundamental human rights and freedoms, Acknowledging the richness of our natural resources, Celebrating the vibrancy of our traditions and cultures,Determined to overcome all challenges and obstacles that impede our progress, Cherishing freedom, equality, peace, justice, tolerance, prosperity and patriotism in search of new frontiers under a common destiny, acknowledging the supremacy of Almighty God, in whose hands our future lies,Resolve by the tenets of this Constitution to commit ourselves to build a united, just and prosperous nation, founded on values of transparency, equality, freedom, fairness, honesty and the dignity of hard work, and, imploring the guidance and support of Almighty God, hereby make this constitution and commit ourselves to it as the fundamental law of our beloved land.”
B) Section 88
“88 Executive authority
(1) Executive authority derives from the people of Zimbabwe and must be exercised in accordance with this Constitution .
(2) The executive authority of Zimbabwe vests in the President who exercises it, subject to this Constitution, through the Cabinet.”
Very clear the authority to govern is derived from people of Zimbabwe and we give it to a president who exercise it according to constitution. We can withdraw such authority and refuse to be subjected to the authority of such president. Where the principle of universal suffrage and equality of votes has collapsed , free , fair and credible election no longer exist, no more representation of electorate in everything but iron fist the next is to withdraw our authority and refuse to be governed by imposter and corrupt executive.
B) section 162
” Judicial authority
Judicial authority derives from the people of Zimbabwe and is vested in the courts, which comprise—
(a) the Constitutional Court;
(b) the Supreme Court;
(c) the High Court;
(d) the Labour Court;
(e) the Administrative Court;
(f) the magistrates courts;
(g) the customary law courts; and
(h) other courts established by or under an Act of Parliament.”
Again we fail to realise it is us the people of Zimbabwe who give authority to judges and Prosecutors to exercise authority over us. When you are denied ,bail, when you get unfair treatment, when the judges are no longer independent like we see today that a Judge gives a moot judgement with orders being used to violet the vote that was given in confidence by majority of Zimbabweans. A court that allows manipulations of simple thing like to say Madhuku despite being a lawyer but he contested election against Khupe and Chamisa but is used as a jack hummer to break the hope and hearts of Zimbabweans and turn Judiciary institutions into a battle field. We see courts being used as negotiating tools to force other to puppetry. Is it not correct that nomination courts in Zimbabwe are run by the judiciary. Why would the judiciary be asked to preside over a dispute of who is MDC T and who is MDC A when on the first day of nomination to be parliamentarian the courts and Judiciary were the first preside and decide who is who. Are decisions of Nomination courts not binding to the Speaker of parliament. Is our judiciary so ignorant of what is happening around us? Have they lost record of whom the declared as duly nominated?
C) s 117 Of constitution
” Nature and extent of legislative authority
(1) The legislative authority of Zimbabwe is derived from the people and is vested in and exercised in accordance with this Constitution by the Legislature.
(2) The legislative authority confers on the Legislature the power—
(a) to amend this Constitution in accordance with section 328;
(b) to make laws for the peace, order and good governance of Zimbabwe; and
(c) to confer subordinate legislative powers upon another body or authority in accordance with section 134.”
Again the power to parliament is derived from us. If we vote people into parliament and two people decide to remove them using another party or authority other than the one that send them, then we have no choice but to withdraw our authority and refuse by a declaration not to be bound by anything to do with such parliament. It has has been proven clearly that the parliament by recalling MPs voted for under MDC A using MDC T it has found some other source of authority other than the people of Zimbabwe. There is now a group of people other than people of Zimbabwe who have assumed magic power to know the secrete in a vote and detect out of millions who voted for MDC A and say this MP was voted by members of MDC T which signed a pact in 2017 through the hand of a deceased Tsvangirai so lets withdraw them because they have changed mind. They now want Chamisa.
Over our dead bodies. Long live Zimbabwe
Amahlaa!!!
D) The last part I just want to add is a revolution does not work with obedience.
If you have the following things still around you I advise you to first build that:
i) If you still have people who accept to seat at the boot of Epsum or seat 5 x5 in a car that must have 3 on a seat and such passengers accept to pay fair fare then stop revolution. First know how to demand your right to life. We all know its dangerous to be in such situations. However the objective is to teach people to resist and stand for your right. No matter what. If you fail to mobilise passengers to resist this simple thing which is within law then know you need more effort.
ii) Every person has right to be taken as innocent until proven guilt. Start to resist spot fines and demand to stand before a court of law. If you still spot fines because you are being inconvenienced then know you are not ready for the revolution. A lot will also be inconvenienced by the revolution.
iii) If you accept bond note from the bank when you banked US$ or when you report to police that a so and so Shop is refusing accept bond note then know you are not ready to revolution.
iv) when you still attend misangano yekwa sabhuku when the constitution is clear that no person must forced to attend meetings he or she does not like then know you are still far.
v) When you still think the fight is about Chamisa or Ngarivhume getting into power and not your welfare then know you are not ready.
vi) When fear and doubt is in you then know you are not ready.
vii)If you think the revolution is going to be of a single day and the imposter goes then know you are not ready.
viii) If you think you and only you is not going to be beaten then know you are not ready.
E) Are we scared of the security sector?
Here is a remedy. Declare to the Defence forces and Police that you have withdrawn your authority from all arms of the state. Citing the above provisions. Tell them you recognise their existence as people’s army and police who must protect us and our property. Above all independent and non partisan. Should there be damage to property and territorial security threat they must do their job. We must declare we do not want to assume power by the action but to withdraw our authority from the incumbent. We invite the Sadc, AU and UN to help our nation and give us assistance to return to constitutional democracy.