By Wilbert Mukori- Professor Lovemore Madhuku, a constitutional law Professor and NCA presidential candidate in the July 2018 elections has expressed his doubts in the many legal challenges producing the desired result of stopping the enactment of the Zimbabwe Constitution Amendment Bills No 1 and 2. As far as he is concerned, the only solution is streets in protests.

“There are two remedies to challenge the two constitutional amendments. There is the political remedy, which is always the best. Citizens would say no to the amendments and organise a political action to challenge them,” he argued.

“There is no sufficient political activity in Zimbabwe at the moment, which explains why we are opting to go to the courts. In a normal framework where there is political activity, we would not have been having these discussions in a small corner, with few individuals who have always been vocal on those matters.”

This is just typical arrogance of Zimbabwe’s corrupt and incompetent political leaders; they have betrayed the ordinary people again and again and are the ones who have dragged the nation into this man-made hell-on-earth. Instead of apologizing to the people and mending their ways they have the chic to blame the people lacking political zeal!

“One man, one vote!” was the rallying call in the fight to end white colonial rule. But when the finish line was in sight Robert Mugabe and his Zanu PF cronies brushed the promise aside and told the people if the party failed to win the 1980 elections, the bush war would continue. The people gave up their cherished right to a meaningful say in the governance of the country and voted to end the war.

Mugabe and company were not content with winning the 1980 elections but used it as the starting point to consolidate their power by systematically erode people’s freedoms and rights including the right to free and fair elections and even the right to live. Zanu PF instigated the 1983 to 1987 Gukurahundi massacre, killing over 20 000, to establish the de facto one-party dictatorship. The regime has murdered a further 10 000 plus to retain the dictatorship.

The people have risked life and limb to elect Morgan Tsvangirai and his MDC friends into power these last 21 years on the understanding the party will bring about the democratic changes to end the Zanu PF dictatorship. Tsvangirai and company, just like Mugabe and his Zanu PF cronies, have too sold-out and have failed to bring about even one democratic reform during the 2008 to 2013 GNU when they had the golden opportunity to do so. 

As if betraying the nation over reforms was not bad enough, MDC leaders have been participating in flawed and illegal elections to win the few gravy train seats Zanu PF offered as bait. They knew that by participating the opposition was giving legitimacy to the vote rigging Zanu PF, as David Coltart, MDC minister in the GNU admitted in his book!

“The worst aspect for me about the failure to agree a coalition was that both MDCs couldn’t now do the obvious – withdraw from the elections,” wrote Senator Coltart.

“The electoral process was so flawed, so illegal, that the only logical step was to withdraw, which would compel SADC to hold Zanu PF to account. But such was the distrust between the MDC-T and MDC-N that neither could withdraw for fear that the other would remain in the elections, winning seats and giving the process credibility.”

SADC leaders literally begged MDC leaders not to participate in the 2013 elections until reforms to stop Zanu PF rigging could be implemented. Their pleas fell on deaf ears.

Professor Lovemore Madhuku and his NCA joined in the July 2028 opposition scramble for the few gravy train seats Zanu PF dangled before them! He was one of the 23 presidential candidates and has since been a very active member of Mnangagwa POLAD – a Mnangagwa initiative to reward the presidential candidates for their participation and thus giving him legitimacy.

Madhuku is right, all the Amendment legal challenges question the constitutional powers of the Zanu PF regime are doomed to fail. Like it or not by participating in the flawed elections Zimbabwe’s opposition have given the vote rigging Zanu PF the legitimacy and mandate to govern the country and that includes changing the constitution.

Professor Madhuku’s proposed solution of public protest to stop the amendments is equally fallacious and doomed to fail. The same public participated in the flawed elections and thus gave Zanu PF the mandate to govern or be it unwittingly. What matters here is that the public gave Zanu PF the mandate to govern and, having given it, cannot expect to take it all away by street protests.

Voter beware! (Voter cave!) Has even more resonance than the more familiar “buyer beware” (caveat emptor!)

Indeed, the public have been warned of the folly of participating in these flawed and illegal elections and it is none other than Madhuku and his fellow opposition opportunists who have deceived the public into participating.

The solution to ending Zanu PF misrule is by stopping Zanu PF fraudulently getting legitimacy in the first place. Do not participate in the flawed elections until the democratic reforms to guarantee free, fair and credible elections are implemented. This was the solution SADC leaders proposed back in 2013 and it is valid now as it was back then.

It really is insane to keep participating in flawed elections to give the vote rigging Zanu PF legitimacy and yet this is exactly what Professor Madhuku and the rest in the opposition want the nation to do. Professor Madhuku, Nelson Chamisa, Tendai Biti and the rest in the opposition camp have all one thing in common greed. It was greed that made them participate in the flawed and illegal elections in the past and the same irresistible force is pulling to participate in the 2023 elections regardless of all the evidence Zanu PF has already rigged the elections.

Whilst Zanu PF has found the time to pass Amendment Bills No 1 and 2, amending no fewer than 30 different sections of the constitution, the party has not had the time to extend the postal vote to 3 million Zimbabweans in the diaspora. How can the 2023 elections be free and fair when 3 out 8 (5 million voted in July 2018) Zimbabweans are once again denied the vote! This political reality did not stop the opportunists Madhuku et al participating in the past and it will not do so in 2023!

Zimbabwe is in this economic and political man-made hell-on-earth not because ordinary Zimbabweans have lacked the political zeal to fight for their freedoms and rights. The people have played their part and many have paid the ultimate price and lost their very lives; but all to no avail because the country’s political leaders have again and again betrayed the nation by selling out on the common causes of freedom, human rights, justice and liberty for selfish greed.

To get out of this hell-hole the people of Zimbabwe must open their eyes and see the country’s political leaders for what they really are – corrupt, incompetent and sell-outs and/or murderous thugs. The most foolish thing Zimbabweans can do is to participate in the 2023 elections with no reforms and give the vote rigging Zanu PF legitimacy. Doing so will only prove Zimbabweans have yet to open their eyes and there is no getting out of the hell-hole until we open our eyes!