FULL TEXT: MDC’s ReLoad Package
14 July 2019
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RELOAD
ROADMAP TO ECONOMIC RECOVERY, LEGITIMACY,
OPENNESS AND DEMOCRACY

MOVEMENT FOR DEMOCRATIC CHANGE
CONTENTS
FOREWORD 01 DEFINING A NEW COURSE FOR ZIMBABWE 02 THE MDC’s ROAD TO LEGITIMACY AND DEMOCRACY 04 THE MDC’s FIVE POINT PLAN TO RESOLVE THE ZIMBABWEAN CRISIS 07 GUARANTEES AND SCAFFOLDING THE PROCESS 09
SECTION A 10 INTRODUCTION 10 REIMAGINING A NEW ZIMBABWE 13
SECTION B 15
SUMMARY OF THE 5 POINT PLAN 15
ANCHOR A: THE RETURN TO LEGITIMACY AND RESPECTING THE WILL
OF THE PEOPLE AND THE ELECTORAL PLAYING FIELD 15
ANCHOR B: COMPREHENSIVE REFORM AGENDA 16
ANCHOR C: NATIONAL HEALING AND RECONSTRUCTION 23
TRANSITIONAL JUSTICE AND NATIONAL HEALING 24
RESTORING TRUST, CONFIDENCE AND THE SOCIAL CONTRACT 25
ANCHOR D:THE ECONOMY AND SOCIAL AGENDA 26
ANCHOR E: INTERNATIONAL ENGAGEMENT 28
RE- ENGAGEMENT AND FOREIGN POLICY 28
SECTION C 29
IMPLEMENTATION MECHANISM 29
The Inclusive National Transitional Authority 29
Functions of the NTM 29
THE STRUCTURE OF THE NTM 30
THE LEGALITY OF THE NTM 30
CONCLUSION 32

It is with great pleasure, that we present, our roadmap, and signpost for the democratisation of Zimbabwe and for the construction of a sustainable Zimbabwe following our successful congress that was held in may 2016.
It has become so clear to us that Zimbabwe is burning. That Zimbabwe is in the throes of a serious political and social economic crisis.
Under these circumstances it is important that we provide the necessary leadership to talk our country forward.
I have no doubt in my mind that Zimbabwe is heading for an implosion. To avoid this implosion, we must take bold steps. To avoid this implosion, we need a new paradigm, a new narrative and a anew discourse involves pressure, it involves dialogue, it involves the implementation of a comprehensive reform agenda.
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On the 24-27th of May 2019 the MDC held its watershed congress in Gweru under the theme Defining A New Course for Zimbabwe. It is in the context of defining a New Course for Zimbabwe that the MDC, took it upon itself to pursue need and obligation of a major paradigm shi t in the struggle for democracy and emancipation.
We seek to RELOAD the Zimbabwean struggle for democratization to ensure that we create a shared national vision, one in which there is a national consensus, agreement tolerance and inclusive politics.
We seek once and for all to build strong, sustainable and truly independent institutions that will be the bedrock of a progressive Ethical State, a Democratic Developmental Zimbabwe.
More importantly because we recognize our unity and di ferences, it is important to rethink the State, to our manage diversity and create a functional modern Zimbabwe.
DEFINING A NEW COURSE FOR ZIMBABWE
We face one fundamental crisis. The crisis of legitimacy. The crisis of governance. The crisis of confidence. The crisis of leadership. In essence, a political crisis. Zimbabwe has a huge trust deficit.
This crisis manifests itself in three main forms.
The first is the challenge of State capture, that is the complete dominion control and appropriation of the State and its institutions by an unelected and unelectable elite that directly and indirectly controls the State in the shadow of darkness through the abuse of state apparatus.
The second challenge is indeed the economic meltdown caused by the crisis of governance, patronage, evasive corruption, incompetence, cluelessness, policy inconsistencies, lack of capacity and self-induced policy distortions.
The third challenge is that of poverty and underdevelopment. Almost four decades a ter independence, our people wallow in huge poverty with 83% of the same, surviving below the poverty datum line on less that US$0.35 per day. The majority is unemployed and the majority survive in the margins.
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Given this reality, it is therefore important to redefine, the new agenda for our people, a new dialogue that seeks to create a new shared vision, and new set of reciprocal obligations in order to create sustainable Zimbabwe.
In order to create this New Zimbabwe we re-imagine, the transition needs to be controlled managed and directed.
In managing our transition RELOAD thus presents our roadmap, and signpost for a future Zimbabwe. The road map entails five key sign posts which are the following;

  1. Pressure (Political and Diplomatic): Advocacy and mobilization of all progressive and democratic forces to build national consensus on the resolution of the national crisis.
  2. National Dialogue: credible, bankable, legitimate process of dialogue fully guaranteed by the international community with specific deliverables, benchmarks and timelines through a mutually agreed and acceptable facilitator.
  3. National Transitional Mechanism(NTM): Agreement on an implementing a framework on the agreed positions. This should be done through a national transitional mechanism whose terms in detail are to be agreed.
  4. Comprehensive Reform Agenda: The implementation and rolling out of a comprehensive agenda, on the Five Point Plan detailed below.
  5. Free and Fair Elections: Under International Supervision: Electoral reforms are so key to break the vicious cycle and troop of hugely contested elections we must hold free, fair, legitimate, credible and sound elections under international supervision.
    The people of Zimbabwe are su fering and therefore it cannot be business as usual. The RELOAD is the only agenda and roadmap that can create a so t landing for Zimbabwe.
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    The Case for Urgency
    The resolution of the Zimbabwean crisis more than ever has become urgent. It is clear that a so t landing has to be created for Zimbabwe to avert an impending and inevitable implosion.
    Two things, are the drivers of the urgency:
    1.1 The betrayal of the people, through a stolen election and a rigged mandate. Indeed there is unhappiness uncertainty, fragility anger and tribulation faced by the citizens of Zimbabwe. The crisis generate anger and tribulation, making it inevitable and foreseeable that the masses will exercise their constitutional right to protests as provided in Section 59 of the Constitution leading to an inevitable collusion with an overzealous and trigger happy executive.
    THE MDC’s ROAD TO LEGITIMACY AND DEMOCRACY:
    1.2 The economic meltdown.
  6. The State is unstable. It is clearly fractured with obvious signs of internal implosion. It is being overwhelmed by the internal contradictions that created it.
    The events of January 2019 prove beyond reasonable doubt that Zimbabwe faces a new challenge of securitization of the State and indeed the absence of Constitutionalism, the rule of law, unmitigated human rights violations, commission of international crimes against humanity, extra-legal killings, rape and mass trials and convictions.
    In short one can rig an election but not rig the economy.
    However, a ter January of 2019 it has become self-evident that connected to the crisis of legitimacy is now the key challenge of the militarization of the State, State capture and the absence of constitutionalism and the rule of law and more importantly the
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    unmitigated violations of human rights, the commission of international crimes against humanity particularly extra judicial killings, rape and mass trials.
    Events of January 2019 were triggered by Mr Emmerson Mnangagwa’s announcement of a sharp 143 percent fuel price increase which led to a shutdown led and called for by the Zimbabwe Congress of Trade Unions.
    In the days that followed, State security agents moved into the townships at the great cost of to civil and political liberties.
    Zimbabwe’s own Human Rights Commission made the following findings in respect of the January violence:
    The findings reveal that in the a termath of the 14th of January 2019 disturbances, armed and uniformed members of the Zimbabwe National Army and the Zimbabwe Republic Police instigated systematic torture. The torture was organized in that they targeted men who stay near areas where barricades had been placed and near areas that were torched by protestors or looted. They also targeted shared homes where they would round up many men in one homestead. In some instances it was also noted that those aligned to the Movement for Democratic Change were also specifically targeted for example Members of Parliament, Councilors and other active members.
    Amnesty International In its report titled” Open for businesses, Closed for dissent states the following
    “The crushing of dissent and crackdown on protests in Zimbabwe has continued, despite the first change of leadership in 2017. During and a ter a national stay-away in January 2019, at least 15 people were shot and killed by security forces, over 78 were treated for gunshot wounds, over 1000 were arbitrarily arrested and hundreds have been prosecuted in fasttracked trials on charges of public violence or subverting a constitutional government. Civil society and political party activists have been targeted for exercising their right to freedom of expression, peaceful protest and
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    assembly. Some women have been raped and children incarcerated a ter being abducted and detained in dragnet arrests across the country. This has resulted in fear gripping Zimbabwe, with many civil society leaders going into hiding for their protection.”
    In this detailed report Amnesty also finds the following:
  7. Unlawful killings and excessive use of force by the police and the military
  8. Torture, cruel, inhuman or degrading treatment
  9. Mass and widespread arbitrary arrests
  10. Unconstitutional deployment of the military
  11. Civil society leaders targeted
  12. Targeting of opposition mdc members
  13. Threats to the national human rights commission
  14. Arbitrary restriction on public assembly
  15. Suspension of the internet and suppression of information
    In the context of this, it cannot be business as usual.
    The MDC plan, RELOAD, recognizes the urgency of resolving not only the crisis of legitimacy. The need to ensure that constitutionalism and the rule of law are upheld in particular an urgent and sure return to democracy. There is also need to ensure that the military remain in barracks and police cantonments performing their constitutional mandate and not encroaching on the rights of citizens on the political front.
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    The MDC’s Road to legitimacy and democracy recognizes that at the epicenter of the Zimbabwe’s crisis is the crisis of legitimacy. That being so, the MDC calls for urgent national dialogue based on the following five anchors to legitimacy.
    RELOAD also recognizes the importance of the demilitarization of the country, the return of the rule of law constitutionalism, the need to protect the security of the person as well as upholding, the constitution.
    THE FIVE POINT PLAN
    (1) The return to legitimacy, demilitarization and agreement on a roadmap to such a change
    (2) Agreement on a comprehensive reform platform and agenda
    (3) Agreement on resolution of the economic and humanitarian crisis
    (4) Resolution on the agenda of nation building, national healing and the resolution of the social contract.
    THE MDC’S FIVE POINT PLAN TO RESOLVE THE ZIMBABWEAN CRISIS
    (5) International reengagement and ending Zimbabwe’s isolation and the integration in the international community.
    The above issues need urgent resolution in view of the continued reproduction of contestation con lict and attrition in Zimbabwe.
    The State is in crisis. The Zimbabwean State is captured by parasite and predatory political elite.
    The Zimbabwean state is characterized by the following, illegitimacy, militarization, violence and absence of the rule of law, patronage, capture, a collapsed economy and elite rapture.
    In short for all intends and purposes, the Zimbabwean State has gone rogue and predatory.
    Thus in RELOAD, the return to legitimacy must not only involve dialogue on the above angles but also on the following;
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  16. Pressure (Political and Diplomatic)….: Advocacy and mobilization of all progressive and democratic forces to build national consensus on the resolution of the national crisis.
  17. National Dialogue: credible, bankable, legitimate process of dialogue fully guaranteed by the international community with specific deliverables, benchmarks and timelines through a mutually agreed and acceptable facilitator.
  18. National Transitional Mechanism: Agreement on an implementing a framework on the agreed positions. This should be done through a national transitional mechanism whose terms in detail are to be agreed.
  19. Comprehensive Reform Agenda: The implementation and rolling out of a comprehensive agenda, on the Five Point Plan detailed below.
  20. Free and Fair Elections: Under International Supervision: Electoral reforms are so key to break the vicious cycle and troop of hugely contested elections we must hold free, fair, legitimate, credible and sound elections under international supervision.
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    The above agenda and roadmap must be anchored on three critical imperators
    a) Inclusivity and involvement of the people of Zimbabwe through the key organizations that represents them these include political parties and civic society organizations.
    b) The sca folding of the entire process, including of the guaranteeing and underwriting of the same by the international community
    c) Agreement on determined timelines and sunset clauses to ensure that the agreement is Specific, Measurable, Achievable, Relevant and Time framed(SMART)
    IMPLEMENTATION MECHANISM
    If there is agreement on the above, we propose that there be an implementation mechanism known as the National Transitional Mechanism (NTM). The NTM will address the following issues;
    GUARANTEES AND SCAFFOLDING THE PROCESS
    I. Political and Institutional Reforms- Political, institution and structural reforms ii. Nation building and national reconstruction; iii. Dealing with securocratic state and demilitarization
    ii. Restoration of the socio-contract including attending to the agenda of national healing and transitional justice;
    iii. Stabilizing the economy including resolution of the debt crisis; iv. Constitutional reform
    v. Legal reform and harmonizing the country’s laws to the constitution vi. Electoral reform vii. Media reform
    viii. Dealing with state capture and the independence of institutions including the judiciary
    ix. Implementing and executing devolution in Zimbabwe
    x. Attending to the challenges of international re-engagement
    xi. Attending to the social and humanitarian agenda focusing on vulnerable and marginalized groups.
    This is the solution to the Zimbabwean crisis.
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  21. In nearly four decades a ter independence, Zimbabwe remains trapped in serious structural crises of legitimacy, under development poverty and political uncertainty.
  22. Over these years, the Zimbabwean State has remained one driven by the self-serving agenda of patronage, coercion and capture.
  23. November 2017, o fered a great opportunity for reversal of decades of years ofstranded growth, inertia and authoritarianism.
  24. Regrettably, months down the line, it is self-evident to all that Zimbabwe has remarkably regressed and now has new challenges including that of elite rapture and elite discohesion which make inevitable the real possibility of another implosion.
  25. The November 2017 military involvement brought to the fore, the fresh challenge of legitimacy and internal contradictions within the State which all right thinking Zimbabweans thought would be resolved by the election held on the 30th of July 2018.
  26. The July 2018 election, did not resolve the crisis of legitimacy. It exabated it. It was an election that did not pass the timeless scrutiny of legitimacy and has rightly been rejected by virtually all international election observers. Key statements of rejection having been made by various international organizations including the Common Wealth Observer Mission, the European Union Observer Mission and the US-Zimbabwe Election Observer Mission (ZEOM).
  27. Since that election, it is clear that the economy has collapsed and is in the process of an unprecedented meltdown.
  28. This is in the backdrop, of a State that is now so blatantly violent and predatory.
  29. The events of the first of 1st of August 2018 wherein the military killed 6 citizens and indeed the events of January 2019 where 19 people were killed and many raped show beyond reasonable doubt that the Zimbabwean State will use violence and every legal and extra-legal means to pursue the agenda of power retention.
  30. Those events show beyond reasonable doubt that Zimbabwe has sunk back to the old days of the 1980s, where crimes against humanity were committed against an unarmed civilian population with impunity and without a response from a large section of the regional community.
  31. It is now self-evident that resolving the Zimbabwean crisis must go beyond formal civilian reform including the media reforms and mundane aspects that can be found in a reasonably stable and democratic country. Zimbabwe is not normal. The events of January 2019 prove beyond reasonable doubt that Zimbabwe is a militarized State.
  32. Thus the required reform must cut deep to ensure that the security of the citizen is secured, democracy is guaranteed, constitutionalism and the rule of law are upheld. Most importantly to ensured that the Zimbabwean citizen can have the right to choose a government of their choice.
  33. The MDC through this document proposes an urgent solution to the current crisis.
  34. It is one that is focused on dialogue, comprehensive dialogue to address the following issues:-
    (i) The crisis of legitimacy and years of cycles of rigged and stolen elections.
    (ii) The capture of State institutions and indeed the emasculation of bodies that protect the rule of law, the Constitution and constitutionalism.
    (iii) The blatant and open securitisation of the State.
    (iv) The use of violence, and fear as a political weapon and the constant attacks on the MDC leadership, and the continuous closure of political space in the country.
    (v) Patronage, and the emergency of neo-patrimonial State where a few elites, sit on the commanding heights of corruption infrastructure in this country particularly the control and corruption around minerals (diamonds, chrome, gold, platinum, the massive fuel industry and foreign currency and Command Agriculture as a vehicle of patronage, the use and abuse of State enterprises as vehicles of corruption.
    (vi) Control and abuse of the State and wanton over expenditure in the State
    (vii) Systematic economic collapse and the huge meltdown accelerated deeply a ter 1 October 2018.
    (viii) Accelerated poverty and impoverishment of the Zimbabwean people.
  35. As the MDC we therefore propose that there be discussion on dialogue on the five key issues:-
    (i) The challenge of legitimacy, militarization and agreement on a roadmap to legitimacy.
    (ii) Agreement on a comprehensive reform platform and agenda
    (iii) Agreement on resolution of the economic crisis
    (iv) Agreement on the agenda of nation building, national healing and the ready establishment of the social contract
    (v) Ending Zimbabwe’s isolation and reintegration in the international community
  36. Should there be agreement on the above, then there must be an implementation mechanism.
  37. In this regard, we propose the setting up of the National Transitional Mechanism that should oversee the reform agenda in a meeting from the discussions.
  38. The National Transitional Mechanism will derive legitimacy from all corners of Zimbabwe and will have the mandate of governing the country to the next election whilst attending to the reform agenda and most importantly preserving the peace and order of Zimbabwe to avoid yet another implosion.
    REIMAGINING A NEW ZIMBABWE
  39. There is a crisis in Zimbabwe. That crisis has existed for nearly four decades.
  40. In our view, it cannot be business as usual. The State and its citizens, must find a way of reconstructing and repacking the narrative from one of politics of patronage and violence to one of transformation, renewal, restoration and reconstruction of Zimbabwe.
  41. In our 2018 election blueprint, SMART, we argued for the rethinking of the Zimbabwean’s State.
  42. In rethinking the State, we propose to provide an alternative people driven leadership and strategic direction of our country.
  43. We propose to fundamentally alter the governance of our country.
  44. We are committed to creating a new Zimbabwean’s State in which power was shared and devolved through the country.
  45. We proposed to create a tolerant competent and consulting State in which power is accountable to the citizens. In this regard, we propose the following:-
    (a) Restoration of the rule of law and respect of property rights
    (b) Restoring the social contract
    (c) Creation of a consensus and Consulting State
    (d) Implementation of devolution and decentralization of the State
    (e) Rebuilding the country’s economy,
    (f) Urbanization of rural areas, development of urban areas
    (g) Addressing social justice and social deliverance
    (h) Protecting citizen’s rights, minority interest and vulnerable groups (i) Reconstruction and remodeling of the country’s infrastructure.
  46. We believe that the imperator of rethinking Zimbabwe, redefining Zimbabwe and setting Zimbabwe on a trajectory of economic upli tment and transformation, democratization, constitutionalism and rule of law, remains the most important goal of every Zimbabwean.
  47. This is why in our SMART document our national vision was captured as follows:-
    “tomake Zimbabwe an inclusive, socially just, prosperous, tolerant, transformative, modern, advanced, e ficient and democratic developmental state in which people have equal opportunities to pursue happiness”
  48. We however recognize that the above vision, given the reality of the present moment, requires, a transitional phase in respect of which major reforms are carried out before Zimbabwe is on a sound footing of transformation, modernization, democratization and upli tment.

ANCHOR A: THE RETURN TO LEGITIMACY AND RESPECTING THE WILL OF THE PEOPLE AND THE ELECTORATORAL PLAYING FIELD.

  1. At the epicenter of the crisis in Zimbabwe is the issue of legitimacy. Since independence in 1980, virtually every election that Zimbabwe has gone through has been contested. Elections have become a sore point, election have become a point of division, elections have become a basis for exclusion
  2. The events of November 2017 brought to the fore the challenge of legitimacy. A ter November 2017, we had a regime that was now governing Zimbabwe but did not derive its mandate from the people of Zimbabwe through elections. Regrettably the July 2018 election did not resolve the legitimacy challenge. A country can never be run without the popular consent of its citizens.
  3. Where there is no consensus and agreement on those that are governing a country, there can never be state e fectiveness.
  4. To bring the country to legitimacy and normalcy key steps have to been taken.
    A. Recognition of true outcome of the 2018 General Elections B. An Inclusive National Transitional Mechanism
    C. Implementation of comprehensive reform agenda and key election milestones.
  5. Legitimacy is derived from the governed. That the nation is sure and confident that the results announced by the Zimbabwe Electoral Commission do not resemble the true outcome of the election is the source of illegitimacy.
  6. In order to move the country forward, Mr. Mnangagwa has to recognize that he did not win the election as purported by ZEC but instead, that the MDC leader Advocate Nelson Chamisa won the Presidential election.
  7. That dialogue on how the current state of a fairs can be normalized can only be pursued within the context of truth and reconciliation.
    ANCHOR B: COMPREHENSIVE REFORM AGENDA
    Political Reform
  8. Dialogue must address political reform. Some of the challenges the country faces derive from the political system. Although the 2013 Constitution introduces mechanisms to enhance representation at national and local level. The state still needs to be democratized and aligned with constitutional principles of accountability, transparency and good governance. A few questions still need to be addressed.
    (a) Key issues for political reform
    i. Develop an inclusive National Vision accepted by all stakeholders ii. Actualising, enforcing and fulfilling the Constitution to ensure that not only does the country have a Constitution but Constitutionalism
    iii. Implementing devolution and decentralization of the state iv. Ensure the independence key State Institutions in particular the Judiciary and Chapter 12 institutions specifically the Human Rights
    Commission, Anti-Corruption Commission, the Gender
    Commission
    v. Creating a consensus State in respect of which the citizen is not living in fear and leaders are held accountable.
    vi. Dealing decisively with the infrastructure of violence and intolerance that permeates the Zimbabwean political landscape.
    vii. Implementing and executing a program of National Healing, Transitional Justice, Reconciliation and Truth telling.
    viii. Reconsider the size and restructure the country’s governmentix. Renaming the country’s provinces
    x. Reconsider size and e fectiveness of Parliament xi. Reconsider the role of traditional leaders
    xii. Consider the role of the o ficial opposition xiii. Fostering political tolerance xiv. Inclusive governance xv. Reconsidering the electoral system
    xvi. Reorient the political system in line with the constitutional dispensation xvii. Role definition and role clarity for security agents.
    xviii. Reorienting intelligence service towards national development and enacting on enabling law for the intelligence services in line with the Constitution.
    Legal Reform
  9. The 2013 Constitution of Zimbabwe brought much expectation for constitutionalism. This particularly targets the legislative reform agenda that has thus far been neglected. Constitutionalism requires that all law or conduct be aligned to the Constitution. Dialogue must address a comprehensive legislative agenda that aligns all laws with the Constitution. The list of the laws that require alignment is quite long.
    a) Key legislative reform areas
    i. Harmonizing Zimbabwe’s laws to the Constitution ii. Comprehensive Electoral reforms
    iii. Enactment of a comprehensive law dealing with devolution and decentralization of the State
    iv. A comprehensive law dealing with the land question and actualizing the issues raised in Chapter 16 of the Constitution of Zimbabwe.
    v. Transforming the security sector through enactment of a law dealing with the National Security Council, the depoliticisation of the military, the transparency of the intelligence agency and the establishment of the complaints mechanism defined in the section 210 of the Constitution.
    vi. Dra ting a people and rights centred public order to replace POSA.
    vii. Enacting a comprehensive media law replacing the various media laws including the Broadcasting Services Act and AIPPA.
    viii. Revisiting the Traditional leaders Act
    ix. Enacting social legislation dealing with rights of women, children, minorities and people living with disabilities.
    Institutional reforms
  10. The Constitution creates a number of institutions to strengthen democracy and implement constitutional governance. However, most of the institutions are either incapacitated or captured to fully discharge their mandate. All the Chapter 12 & 13 institutions must be strengthened and the implementation of devolution of power must be urgent to ensure even development with decision making vested in devolved tiers and spheres.
    a) Target institutions for reform
    i. Judiciary ii. All Commissions iii. Reserve Bank of Zimbabwe iv. Security Sector v. Public Media vi. State Enterprises vii. Parliament viii. Traditional leaders ix. Local authority structures
  11. Political, legal and institutional reforms are key in delivering sustainable good governance.
    a) Reforms Key Milestones Towards Free, Fair and Credible Elections
  12. Free, fair and credible elections are the primary basis for legitimacy and the only formula to return the country to normalcy. However, elections must meet certain key constitutional and international standards.
    (i) Constitutional Standards
  13. The Zimbabwean Constitution in Section 156 on the conduct of elections and referendums states that:
    “At every election and referendum, the Zimbabwe Electoral Commission must ensure that –
    (a) Whatever voting method is used, it is simple, accurate, verifiable, secure and transparent;

    (c) Appropriate systems and mechanisms are put in place-
    (i) To eliminate electoral violence and other electoral malpractices; and
    (ii) To ensure the safekeeping of electoral materials.
  14. Section 155 (2) (c) clearly states that;
    “(2) The State must take all appropriate measures, including legislative measures, to ensure that e fect is given to the principles set out in subsection (1) and in particular, must-
    (c) Ensure that all political parties and candidates contesting an election or participating in a referendum have reasonable access to all material and information necessary for them to participate e fectively”
  15. Whilst Section 62(1) is unambiguous and it states;
    “(1)Every Zimbabwean citizen or permanent resident, including juristic persons and the Zimbabwean media, has the right of access to any information held by the State or by any institution or agency of government at every level, in so far as the information is required in the interests of public accountability”
  16. Our supreme law clearly envisages a simple, accurate, verifiable, secure and transparent election.
    Malpractices in the 2018 general election
  17. The 2018 general elections were marred by a series of electoral malpractices by the Zimbabwe Electoral Commission. Among other clear violations we observed and lagged are –
    I. Various illegalities around candidate nomination
    II. ZEC refusal to distribute the BVR Voters Roll
    III. Absence of proper ballot printing observation and inspection
    IV. Illegal, manipulated and biased ballot paper design V. Wanton lies by ZEC around ballot printing process
    VI. Shambolic postal voting
    VII. Sharing of confidential voter information between ZEC and Zanu–PF
    VIII. Clear indications that someone else and not ZEC was in charge of the election
    IX. ZEC refusal to a ford candidates an audience
    X. ZEC lack of transparency and sheer arrogance
    XI. Partisan behavior by the ZEC Chairperson
    XII. ZEC’s incapacity to ensure compliance by all candidates
    XIII. Abuse of state resources for campaign
    XIV. Unregulated samples of ballot papers found before elections
    XV. Failure to a fix a copy of the polling station return on the outside of the polling station
    XVI. Irregular collation and verification of results at National Command Centre
    XVII. Irregular announcement of presidential results
    XVIII. Mixture of harmonized election residue
    Proposed Reforms
    i. The disbanding of the current Zimbabwean Electoral Commission (ZEC), including the dismissal of all current Commissioners as well as all the retiring of all members of
    Sta f under the Zimbabwe Electoral Commission Secretariat consequence the negotiation and agreement on a new Zimbabwe Electoral Commission including the Commissioners and the sta f.
    ii. Amending the Electoral Act if not the Constitution to ensure that the date of the election is more or less fixed in the law, for instance, the election could be held in the last Monday of the month of July a ter every 5 years. iii. The creation of an authentic biometric voters’ roll properly audited and signed o f by all stake holders
    iv. The introduction of modern automated biometric voting and the automation of all electoral processes.
    v. Consensual, negotiated and agreed process on
    delimitation to avoid gerrymandering and manipulation of boundaries. vi. Agreement on all election material including on the nature and quality of the ballot paper, the printers thereof and the numbers to be printed. vii. Advance release of polling o ficers names for transparency purposes and to avert planting. viii. Agreement on the ink to be used, where it will be sourced and test for indelibility. ix. Election residue, in the event of an election, should be kept in separate boxes for President, House of Assembly and Council.
    x. Full disclosure of the printers and print run of the ballot paper.
    xi. Amending the electoral act on the issue of presence of police o ficers inside polling stations as well as the issue of assisted voters.
    xii. Amending the Electoral act to ensure that all election results are announced forthwith and in any event no later than 48 hours from the date of the vote.
    xiii. To complete de-securitization of election institutions and the electoral process, including the exclusion of Zimbabwe’s security sector from managing Zanu-PF’s election campaign. xiv. Provision for Zimbabweans residing in the Diaspora to vote in the election.
    xv. Media reforms allowing for equal access to public media by all contenders in the election.
    xvi. The enactment of major amendments to the Electoral Act and the repealing of restrictive laws such as: the Public Order Security Act (POSA); Access to Information and Protection of Privacy Act (AIPPA); the Broadcasting Services
    Act (BSA) xvii. Allowing entry of international monitors and supervisors at least 3 months before the 2018 election and provision for the SADC and the United Nations to supervise the poll
    xviii. Absence of violence and intimidation before, during and a ter the election
    xix. Political impartiality of traditional leaders, including abolition of politicized food aid in election campaigns.
    ANCHOR C: NATION BUILDING, PEACE BUILDING (NATIONAL HEALING, RESTORATION AND RECONSTRUCTION)
    SHARED NATIONAL VISION
  18. It is important for Zimbabwe to have a shared national vision that becomes the glue of the nation State, Such a shared national vision must be based on the need to create a Martenalistic State, an ethical State in which there is responsibility accountability and most importantly reciprocal obligations.
  19. The share national vision must also be developmental taking into account the huge levels of poverty and under development in Zimbabwe.
  20. The vision must be one of upli tment of the masses of Zimbabwe that live in poverty.
    Nation Building
  21. Any stable nation is united in its diversity by a set of core values, principles, traditions, traits, and characteristics that transcend culture and geography. Nationhood encapsulates the collective imagination of a people, united by common values, desires and aspirations.
  22. It was this collective imagination that spurred thousands of Zimbabweans to participate in the national liberation project, culminating in independence in 1980. The tragedy is that having led the liberation struggle, the nationalists failed in the nation-building project. Instead, they preached unity while pursuing narrow agendas that divided people on class, racial, tribal, gender, cultural, religious and other grounds.
  23. Instead of building a nation, the founding fathers privatized the State. Many citizens, including the Diaspora, so-called “aliens” and the poor feel excluded and unwanted.
  24. Despite attempts to articulate some principles and values in the 2013 Constitution, there is still a lot of work to be done to integrate them into society so that they are an essential part of the social fabric.
  25. The MDC will push for the nation to embark on a comprehensive on a comprehensive and broad-based nation-building project based on unity, diversity, tolerance, recognition and correction of past injustices and the pursuit of social and economic progress for all.
    TRANSITIONAL JUSTICE AND NATIONAL HEALING
  26. Con lict, attrition and intolerance have contributed to the erosion of the Zimbabwean economy. To reclaim Zimbabwe, mechanisms must be created that eradicate political violence. There have been so many injustices over the years, the wounds of which have never healed. Topdown approaches have suppressed the voices of survivors and victims. In order to move forward, wrongs of the past must be corrected, but in an inclusive, just and non-vindictive way. The future must not be a prisoner of the past, but equally so, past grievances must not be sacrificed at the altar of future dreams.
  27. The MDC identifies six key periods of violations:
    i. The Liberation Struggle
    ii. The Gukurahundi
    iii. Violence and dispossession associated with the Land Reform iv. Operation Murambatsvina (2005 Clean out operation)
    v. Political Violence associated with all our elections including in particular the 2008 elections.
    vi. Post November 2017 violence including August 2018 and January 2019.
  28. A comprehensive Programme of Transitional Justice and National Healing based on the following principles:
    i. Victim-centered approach
    ii. Comprehensive, inclusive, consultative participation of all stakeholders, particularly survivors and victims. iii. The duty and obligation on the State to apologize for all atrocities. iv. The establishment of confessions, truth telling and truth seeking. v. Acknowledgement of wrong doing. vi. Justice, compensation and reparations. vii. National healing and reconciliation viii. Non-repetition (NEVER AGAIN). ix. Gender equity and gender sensitivities. x. Transparency and accountability.
    xi. Nation building and reintegration.
    RESTORING TRUST, CONFIDENCE AND THE SOCIAL CONTRACT
  29. The lack of confidence and trust in the State, and, of course, the failure of the State itself to meet its social obligations to its citizens, results in the majority of its citizens operating outside the ambit of the State.
  30. Equally, trust among citizens has been eroded. This is the case even at the family level, in religious institutions, social organisation and civic society.
  31. Zimbabwe’s economic collapse has triggered a rise in social decay at various levels. Challenges at the family level are re lected by the high number of cases of divorce, domestic violence and peace orders that are being granted by the courts. Levels of tolerance are low, whilst hatred and disa fection on social media spaces lourish.
  32. Seemingly, as Zimbabweans, we cannot manage our di ferences and the slightest di ference can easily degenerate into verbal tirades and even violence.
  33. Poverty has also exacerbated the problems. Crimes of necessity and substance abuse are on the increase especially among young and the unemployed youths.
  34. Ultimately, total confidence in the State will be restored when we build a shared and inclusive Zimbabwe based on transformation and the opening of opportunities for prosperity.
    ANCHOR D: THE ECONOMY AND THE SOCIAL AGENDA
  35. The economic crisis has worsened a ter the 2018 elections a continuation of the trend synonymous of the Mugabe era, the post-coup era or even worse.
  36. The pursuit of a confused monetary policy that has shi ted from the regime of multiple currencies, the introduction of the Bond Note, the introduction of the Nostro FCA’s in October 2019, the partial liberalization of the currency in February 2019 and eventually the dedollarisation in June 2019 have all created a concoction that have paralysed ordinary Zimbabwe’s business and indeed the international community.
  37. An expansionary fiscal policy is still the order of the day, the liquidity crisis continues all this is coupled by centralized monetary confusion.
  38. ZANUPF has failed to inspire confidence beyond the promises of mega deals.
  39. More disturbingly international financial institutions in particular the International Monetary Fund, continue to pay a blind eye to the economic chaos in Zimbabwe and on the contrary have become a choir boy for the economic cannibalism and sabotage being pursued by the authorities in Zimbabwe.
  40. At the same time there is massive poverty and deligitimisation of the ordinary Zimbabweans in the absence of safety nets and a programme that deals with the social sectors particularly in the areas of education, health, environment and vulnerable sectors such as people living with HIV/Aids, people living with disabilities, widows, orphans and the aged.
  41. Zimbabwe has also su fered from the vicissitudes of climate change, cyclone IDAI and other previous cyclones and indeed the droughts that are wrecking havoc in Zimbabwe.
  42. We propose therefore that the NTM deals with the following issues as a matter of urgency.
    i. Producing and implementing an emergency economic recovery plan. ii. Macroeconomic stability and sound governance of the economy.
    iii. Demonetizing the bond note, reverting to the multicurrency regime and in the long term join the rand monetary union. iv. Liberalization of the capital account.
    v. Supply side solutions including Industrialization,
    Productivity, Savings and Foreign Direct Investments. vi. Dealing with the debt question once and for all. vii. Laying a foundation for agro – industrial transformation.
    viii. Changing the accumulation model from extraction to beneficiation.
    ix. Gross capital formation.
    x. Expediting State Owned Enterprise (SOE) Reform.
    xi. Ring fencing social services, creating social safety nets including cash handouts as well as mobilizing a strategy and resources against the pervasive climate change.
  43. In order to do this, the NTM should ensure the establishment of stabilization fund and a sovereign world fund
    ANCHOR E: INTERNATIONAL ENGAGEMENT
    RE-ENGAGEMENT AND FOREIGN POLICY
    The MDC NTM must pursue a foreign policy in respect of which Zimbabwe remains non-aligned and will seek to make friends with every decent State in the world that shares its values of democracy, Constitutionalism, socially just transparency, openness and inclusivity.
    In this regard we suggest the following:
    i. Strengthen our membership of the AU and the SADC
    ii. Seek for the strengthening ,modernization and institutionalization of the
    AU and SADC
    iii. Strengthen our membership as a responsible citizen of the UN. iv. Re-join the Commonwealth of Nations.
    v. Pursue African integration through the establishment of a customs and monetary union. vi. Pursue strong relations with the EU within the context of the EU/ACPmatrix.
    vii. Ensure that Zimbabwe plays a role in con lict prevention, and peacekeeping missions across the world.

The Inclusive National Transitional Mechanism

  1. The path to Zimbabwe’s total recovery requires the inclusive participation of all relevant stakeholders. The Inclusive National Transitional Mechanism will be responsible for implementing the key milestones towards the holding of free, fair and credible elections in line with the Constitution of the country and in the meantime stabilize the economy and the political environment.
    Functions of the NTM
    i. Implementing the comprehensive reform agenda ii. Nation building and national reconstruction;
    iii. Restoration of the socio-contract including attending to the agenda of national healing and transitional justice;
    iv. Stabilizing the economy including resolution of the debt crisis; v. Constitutional reform vi. Legal reform and harmonizing the country’s laws to the constitution vii. Electoral reform
    viii. Dealing with state capture and the independence of institutions ix. Implementing and executing devolution in Zimbabwe
    x. Attending to the challenges of international re-engagement xi. Dealing with the securocratic state and demilitarization
  2. The NTM must be in o fice for an agreed period of time. To avoid the mistakes made during the time of the GNU, the duration of the NTM, must be to allow, all the agreed reforms to be fully implemented and actualized. Any premature revisiting of the NTM without reforms being done will only set up Zimbabwe for failure.
  3. At the end of the NTM there must be a general elections to be held under international supervision.
    THE STRUCTURE OF THE NTM
  4. The NTA must be an inclusively negotiated process, that being so, the MDC cannot and will not prescribe a structure of an NTA.
  5. Save to state that the NTA will assume the roles of the executive defined in Chapter five of our constitution during its tenure.
  6. This therefore means that all Executive Wings of the state including the security apparatus will totally be subordinate to the NTA.
  7. Furthermore it is our view that the NTA should be composed of competent and credible leadership, leaders of a good standing.
  8. The leaders of the NTA must be drawn from all walks of life including industry, the Diaspora, churches, social movements, labour and organised civil society with women’s movement and the youth movement as the youth who make up the at least 65% of the population. .
  9. All these must take oaths of o fice and pledge that they will not seek political o fice for a minimum period of 10 years during and a ter the expiry of its term of o fice.
  10. The NTA must be in o fice for a maximum period of 2 years, where-a ter elections shall be held, under its supervision.
  11. The creation of the NTA will require national consensus among all stakeholders.
  12. In addition to the above, SADC and AU must help in the negotiations on the setting up of the NTA and at the same time must provide a guarantor and play an oversight role over the same.
    THE LEGALITY OF THE NTM
  13. To the extent that the NTM is an inclusive negotiated settlement, the dominant parties in Parliament namely ZANU PF and the MDC, agree on a legal framework to actualize the same.
  14. Once the support of all stakeholders is obtained an amendment to the constitution in the form of a schedule will easily set up an NTM.
    NTA Roadmap
  15. For the NTA to be a reality, the citizen plays the biggest role.
  16. It is the citizen that possesses the power to demand from the failed authority the establishment of the NTA.
  17. The MDC will also put pressure, the international community must also encourage those in power who must also make the right decision
  18. As such, the following happen:

CONCLUSION

  1. Dialogue is a critical solution to the current political impasse. Such dialogue however should be based on key issues that address the challenges currently faced by Zimbabwe. It is a dialogue of issues and not personalities. It is a way by which stakeholders can come together and address national concerns in the spirit of nation building. Dialogue must be based on the urgent return to legitimacy and normalcy; national healing and nation building; a comprehensive reform agenda; an end to international isolation; and resolving the national humanitarian and economic situation. The MDC is prepared to engage all stakeholders and Zimbabweans across the political divide in a sincere and honest dialogue to address these issues for the common good.