Terrence Mawawa| Acie Lumumba, wrongly believes that the outcome of yesterday’s hearing before the Senate Foreign Relations Commitee (SRRC) was to make Emmerson Mnangagwa’s life harder and position Hon Tendai Biti’s as the most powerful politician in Zimbabwe, observers have said.

Ms Miriam Mutizwa, an activist based in the UK, said: “From where I stand, the purpose of the meeting which was the outgoing Senator Flake’s last one, was to get an update on Zimbabwe’s compliance with the conditions set out in the ZIDERA Amendment Act.

Indeed, one can easily and erroneously conclude that the purpose of the meeting was to endorse Hon. Biti or interfere with the Zimbabwean’s law enforcement processes.

Mr. Lumumba makes a bold statement that: “Tendai Biti is right now the most powerful politician in Zimbabwe,” yet fail to provide any facts to support this. Indeed, Hon. Biti stands accused of playing a part in causing the events of 1 August 2018.

It is not in dispute that the Zimbabwe Defence Forces (ZDF) was deployed on the day. It is not clear who deployed the forces and on what authority that decision was made and executed.

It may be arguable about whose bullets caused the deaths on the day but it cannot be disputed that the army was deployed to manage the situation.

The message that was clear from Senators Coons and Flake was that the army played a positive role in the loss of life and nothing will change their position that any person outside the army can be legitimately held culpable for causing the loss of life.

Mr. Lumumba knows and ought to know that according to a third party observer, it would be a travesty of justice if no one in the Executive branch of President Mnangagwa is held liable for this unfortunate tragedy.

It seems self-evident that President Mnangagwa has earned himself the benefit of doubt from the Senators who have had the privilege of engaging him personally.

However, it is clear that someone has to take the blame and the only candidate for this would appear to be Vice President Chiwenga who was the Minister of Defence at the material time.

It is also the case that a judgment exists per Justice Mangota that in terms of s 37 of POSA, Hon Chiwenga pressed the fateful button that led to the deployment of the ZDF and the subsequent loss of lives.

Although s 37 of POSA is inconsistent with s 213 of the Constitution, there are no fingers pointing to the President as the person who should be held culpable.

The Mohlante Commission has completed its work but the report has not been made public. However, if the report absolves Hon. Chiwenga, its credibility will be questioned even by the Americans.

So the question of Biti’s importance is not created in Washington DC but is brewed in Zimbabwe. Biti has been fingered by the system outside the Commission as the person of interest in the matter.

Biti has been charged not by the Americans as Lumumba would like the public to believe but by President Mnangagwa’s administration.

If Biti is found guilty as charged, then it means that Hon. Chiwenga would be off the hook.

So it cannot be concluded that Biti or the US Senators created the facts to make Biti relevant let alone that his ordeal including the Zambian affair were self-created.

It is important that we deal with facts and not fiction in trying to establish whether the US administration is biased or has a preference as to who should be at the helm of the Zimbabwean government.

Lumumba proceeds to state as fact that: “Biti is now more powerful than both ED & NC,” without having any regard to the unfortunate circumstances that unfolded where no one else has been charged so far in relation to the 1 August 2018 affair.

The Zimbabwe Republic Police deny any culpability and so does the ZDF. President Mnangagwa has alreay expressed his personal opinion that the loss of life was caused by the opposition leaders who instigated the demonstration because the election results was not in the favour.

So in terms of the system, Biti is guilty as charged. In the premises, the assertion by Lumumba that Biti is more powerful than ED and NC if not mischievous is meant to create confusion.

How could Biti, a victim to many, be the author of his own ordeal and persecution?

The unanimous opinion expressed by the Senators and the witnesses with the exception of Mr. Joe Mutizwa was that there can be no basis for reviewing the sanctions regime before the issue of Biti and the outcome of the Commission of Inquiry is resolved and known.

The point that may be missed by pedestrian observers like Lumumba is that the Zimbabwean government has created its own predicament that can only be fixed if the rule of law is respected.

The President is already part of the dispute and Biti has been invited in the dispute by the police. It follows that that it is in President Mnangagwa’s power to cause the charges against Biti to be withdrawn and for the President to start taking responsibility for the actions done in his name and administration.

To suggest that: “It requires intelligence of the highest political order to understand this! The American government have made ED’s life harder (bull horn formation),” is to miss the point that no rational person would seek to interfere with domestic matters of Zimbabwe but the reasons why the sanctions have been imposed are confirmed by the manner in which the events of 1 August have been handled.

What I saw yesterday were Senators trying their best to lean towards Zimbabwe’s cause by confirming that everything required to remove sanctions is within the control of Zimbabweans and their government.

It was clear that although Hon. Mthuli Ncube tried in vain to invite himself to the hearing, there is nothing new that he has to change the position that has been known since 2001 that without reforms, there can be no basis to embrace Zimbabwe.

It is incorrect to allege that anything to the effect that America does not want to work with Zimbabwe was said.

The issue of the currency and the implications of the decision by the Committee that the conditions for lifting sanctions have not arisen, does not lead to the conclusion by Lumumba that: “No America = No American Dollars = inevitable economic collapse (it’s just a matter of time/unless we abandon their currency).”

It is also wrong for Lumumba to conclude naively that: “August 1 ; the Americans want Chiwenga under the bus. This is a good way for them to split ED and Chiwenga, but also for them to avert a Chiwenga presidency,” when it is common cause that the Americans did not cause the events of 1 August to happen and there would be no benefit for them to divide ED from Chiwenga.

What is being proposed is that the culture of impunity must come to an end? Zimbabwe requires a new beginning and the events of 1 August and the subsequent choices and actions do not give confidence that the ghost of Mugabe has left the stage.

It is also mischievous for Lumumba to boldly assert that: “Free Biti; Biti is more familiar with Americans than Chamisa, Biti is their preferred opposition leader and they will do the needful to prop his rise. Millions will now be thrown towards civic society efforts aligned to Biti,” when the facts of this matter find Biti at the core of the dispute.

Chamisa has not been charged and it is the case that the government of Zimbabwe and not the Americans have chosen their target. To suggest that the sword chosen and used by President Mnangagwa was instigated deliberately for Biti to allegedly upstage his President, Chamisa, would be dishonest and disingenuous.

Lummba then concludes by stating as follows: “I will explain the rest on Sunday #TLF but the Americans have essentially weakened ED and strengthened MDC. It’s not game over but aya anonzi ma1000,” as if he knows better about the matter.

It is this kind of amateurish and infantile approach to public policy matters that I find frustrating. We have a law that is now 17 years old that was passed by the US government to encourage Zimbabweans to be responsible and accountable for the choices they make. It would be futile to take the person who imposes sanctions on another for granted.

What is required is that we take heed of the comments made yesterday as Zimbabweans and begin to self-correct rather than continue to bury our heads in the sand.

Our constitution compels the President and all of us to promote, protect and uphold the values and principles entrenched in our constitution.

All that we are being asked is to comply with our constitution. I have started a group called Legal Eagles to provide a platform for us to raise awareness that unless we live up to the promise of our constitution, poverty, unemployment and inequality will be our permanent friends.

I have taken issue with the legality and constitutionality of a law called the Reconstruction of State-Indebted Insolvent Companies Act. This law was first applied in respect of SMM and has since been applied to other companies including Hwange Colliery Company Limited.

I was surprised that the US Senators could only identify POSA and AIPPA as the only two laws that need urgent attention.

I was also shocked to learn that Mr. Joe Mutizwa who claimed to represent listed companies in Zimbabwe did not mention the fact that Hwange shareholders were divested of their relationship with the company pursuant to the operation a Ministerial order.

Indeed, if we cannot put Mr. Mutizwa to task then would it be justifiable to blame ZIDERA? I hope that Lumumba would soon stop to treat serious matters as if they are trivial.

I look forward to working with anyone interested in changing the Zimbabwean narrative starting with the likes of Lumumba.