Robert Sigauke, Political Commentator, Johannesburg
The Standard newspaper reported that Clifford Hlatswayo who is an MDC Alliance Spokesperson, communicated that the Alliance is mulling protests in response to the recalls of Tendai Biti and other MPs from parliament. Tendai Biti, Settlement Chikwinya and others were recalled from parliament, to the effect that they ceased to be members of the party PDP which seconded them to parliament after they identified themselves with the MDC Alliance. The PDP constitution provides that any member of parliament from their party may be recalled once they cross the floor to another party.
The Courts found on more than one occasion that the MDC Alliance is not a political party, but a loose coalition of opposition parties. The agreement document itself says so, that the MPs will retain their respective political parties but operate, coalesce and consult under the banner of the Alliance coalition.
There are pertinent questions therefore, did Tendai Biti cross over to an MDC Alliance which is not a political party? Secondly, does this mean there was never a party for Tendai Biti to cross over to, if there is no political party called the MDC Alliance? Thirdly, is ZANU-PF responsible for the illegal actions and outcomes of flawed MDC Alliance processes, sheepishly done by the MDC Alliance’s own members who are even lawyers of repute, which repute is now even questionable?
The case regarding if Biti and others never crossed over to any party as the MDC Alliance is a non-existent party is an academic argument for another day, what is important is that even if there was no party called MDC Alliance which Tendai Biti and others could cross over to, their objective conduct and subjective state of intent is informative and fundamental. The spirit and purpot of the provision in the PDP constitution (and constitutions of other parties) that any MP who ceases to be a member of the party may be recalled from parliament, was done because such member no longer represents the interests of the PDP but rather the interests of a different, opposing political party and therefore he must not be allowed to sit in the parliamentary seat of the PDP which seconded him as he is now publicly and expressly/tacitly disassociating himself with the PDP. This then effectively renders worthless the argument that the MDC Alliance is not a party, because it has its own distinct agenda, ethos, policies, and identity. In this instance, whether the Alliance is an actual or fictitious party, whoever recognises and associates themselves with the Alliance ceases to be a member of the PDP or any other party, and is now considered a member of that fictitious or actual party called the MDC Alliance. Therefore, the legality of the recalls is unquestionable and above board.
ZANU-PF therefore, does not need to meddle its hands to taint the already tainted and legally flawed MDC Alliance outcomes. The recalls are legal, and so were the findings of the Court that Chamisa’s rise to power was illegal too. ZANU-PF cannot be held responsible for the sheepish behaviour, political bankruptcy and illegal actions of the (questionably) clever Harare lawyers.
Of more interest is the response of the MDC Alliance to the latest recalls. They have advised they will organise protests to hold the government responsible. Is this a clever and effective strategy? Is this a strategy at all? Is it ZANU-PF which recalled MDC-T and PDP members of parliament, or was it the absence of convergence and infighting within those parties?
Will a regime holding a gun put back Biti into parliament because the youths of Mbare and some vendors have done toyi toyi, which is illegal even against COVID restrictions? Will the regime soil their pants and go against the PDP constitution and parliament rules because Mabvuku youths have protested in favour of illegality?
I think it holds much wisdom for the MDC Alliance to protest rather, if they will, for by-elections to be done so that the “much loved” members recalled by Khupe and PDP may return to parliament, legally. Surely if ZANU-PF is holding birthday parties and gatherings in the midst of COVID restrictions, it can be persuaded to save face and consider holding by-elections under those very same health protocols. ZANU-PF is desperate for legitimacy especially post the 2017 coup and the controversial 2018 elections, that is a bargaining chip for the MDC Alliance to invite the ruling party to prove its commitment to legitimacy and that it is not afraid of the ballot in the constituencies where MPs were recalled.
The current regime is an outcome of two revolutions, both born out of the barrel of a gun. Protests, against them, do not work!
Robert Sigauke is a Legal Manager and Political Commentator. He writes from Johannesburg. He can be reached on [email protected]