– GROUNDED IN ZIM FOR FIRST TIME SINCE REMOVING MUGABE.
– ANNOUNCING ANOTHER ROUND OF LIVE AMMUNITION AGAINST CIVILIANS.
– SHUTTING OUT CHIWENGA, MDC FROM ALL OPPORTUNITIES OF TAKING OVER.
– LAWYERS REVEAL TOTAL BREAKDOWN OF LAW AND ORDER
-STRIPPING CHIWENGA OF POWERS TO REPLACE HIM.
-MAKING VP, PROSECUTOR GENERAL, AND JUDGES MNANGAGWA’S OWN APPOINTEES SERVING AT HIS (PERSONAL) PLEASURE.
By Simba Chikanza| ANALYSIS | Somewhat running out of political-oxygen, an unrepentant Emmerson Mnangagwa has announced plans to once again use the security forces against civilians this coming January in ways previously condemned by the United Nations HQ in Geneva. Speaking in clear terms, Mnangagwa said this time he will ensure it will be done in total secrecy so that so called “oppostition elements” do not transform the evidence into what he termed “propaganda.”
This follows a long period stretching over a month the Zanu PF leader, has been caught on camera on several occasions, making loud visual-noises while holding his waist tight. The first time was on the day when his deputy general Constantino Chiwenga secretly flew into Zimbabwe. This was on the anniversary of his (Mnangagwa’s) coup presidency, the 23rd November after a mystery ridden 4 month medical sabbatical in China.
At a time when he is actually supposed to be on annual leave, Mnangagwa has remained ‘trapped’ at work while grounded inside Zimbabwe for the longest period ever since the day he usurped power in a military coup in 2017. What is going on and what is he planning? This short documentary details the man’s survival plans between 2019 and 2020.
While ZimEye’s efforts to get a direct comment from Mnangagwa at the time of writing were fruitless, the following were some factual findings so far.
The government spokesman Nick Mangwana told ZimEye: “When HE leaves the country, you complain that he travels too much, he doesn’t stay at home. He stays at home you complain that he is not leaving the country. He is damned when he does and damned when he doesn’t. But being President, he always exercises his executive judgement.”
When is ED going for his annual leave, and why has he remained 'trapped' in Zimbabwe, spending his longest ever home stay period (since Nov coup) here since VP Chiwenga returned on 23rd Nov @Jamwanda2 @nickmangwana ? When is he leaving the country in the hands of his deputies? pic.twitter.com/J7vVAR0Hoe
— ZimEye (@ZimEye) December 27, 2019
When HE leaves the country, you complain that he travels too much, he doesn't stay at home. He stays at home you complain that he is not leaving the country. He is damned when he does and damned when he doesn't. But being President, he always exercises his executive judgement
— Nick Mangwana (@nickmangwana) December 27, 2019
ANOTHER ROUND OF LIVE AMMUNITION AGAINST CIVILIANS.
Speaking at his party’s Goromonzi conference mid December, Mnangagwa revealed he is concerned about propaganda rather than human life losses. He clearly threatened to use the state apparatus to ensure secrecy when he carries out another crackdown. Last January when soldiers protested against the fuel price rise, (even criticised by pro ZANU countries such as Russia), his security minister switched off the internet for 3 days during which period 17 people were shot dead and several women raped. This time speaking at Goromonzi, Mnangagwa described the January 2019 protests where 17 people were killed by state agents as “nonsensical”.
“The January nonsense and periodic mischievous activities by the opposition elements such as those we witnessed this year must be nipped in the bud,” he said. “Never again shall we allow the loss of precious lives of our countrymen to feed the agenda of a notorious few.”
He repeated exactly what he told a French journalist earlier in the year, while blaming the MDC party for the mass murders which he did and while denying saying no one was killed.
Show me the graves, said Mnangagwa in the below interview. He also announced that he is hunting down every woman who reported rape.
From his own words, it is without guessing that the Zanu-PF leader is planning a repeat of the same operation this January.
SHUTTING OUT CHIWENGA, MDC FROM ALL OPPORTUNITIES OF TAKING OVER.
Another very clear plot by the zanu-pf leader is that of shutting out his deputy from the coup days, Constantino Chiwenga from ever taking over power. It has already been discussed he has put in place a mechanism to ensure that the opposition MDC party never gets a legal advantange to take over from him, and this by heaping the blame, legal and penal, for the killings on them.
RETWEET! – Mnangagwa in Mwenezi clearly threatened brutality against doctors and lawyers also threatening to shorten the lives of people who make noise. pic.twitter.com/fJx5dOemL5
— ZimEye (@ZimEye) September 17, 2019
When Chiwenga returned to Zimbabwe from his sabbatical, Mnangagwa’s spokeman George Charamba did not at all celebrate the miraculous return. Instead he splashed litres of ink attacking China’s deputy ambassador for conducting a welcoming ceremony for the vice president at the RGM International Airport ahead of of senior government officials. Chiwenga had secretly flown into the country, aboard a Chinese jet paid for by the Asian nation’s government. To this Charamba complained against the Chinese envoy saying, itsitsi dzei? – what kind of sympathy is that?
A Mubaiwa (Chiwenga wife) uncle has described Chiwenga’s jetting into the country as treasonous, alluding that he invaded Zim airspace without informing aviation authorities in advance.
STRIPPING CHIWENGA OF POWERS TO REPLACE HIM.
In less than 30 days of Chiwenga’s return, Mnangagwa rushed to accelerate a bill that reduces his deputy to a mere apppointee who will never be able to replace him.
This is detailed in the following legal advisory by the Law Society which has complained that there is now a breakdown of Law and Order, as Mnangagwa gathers to himself more powers than his predecessor Robert Mugabe possessed.
MAKING VP, PROSECUTOR GENERAL, AND JUDGES MNANGAGWA’S OWN APPOINTEES SERVING AT HIS (PERSONAL) PLEASURE.
FULL TEXT- On the 17th of December 2019, Cabinet at its 45th meeting approved several amendments to the Constitution. Some of the notable proposed amendments relate to the appointments of Vice Presidents, the Prosecutor General, Public Protector, promotion of judges and the terms of office of judges. The other notable proposed amendments relate to the composition of the provincial councils and the extension of the provision on the women’s quota which was scheduled to end in 2023.
The Constitution provides for its amendment. Although amendments to the Constitution are allowed these ought to be necessary for the promotion of the rule of law and protection of the principles of democracy. Our Constitution is a democratic document which came out of extensive consultations. It is a national document which should be enduring. Amendments to the Constitution must be necessary for the enhancement of enshrined rights, accountability and good governance. Amendments must not be retrogressive.
In terms of Section 92 of the Constitution a presidential candidate chooses running mates who upon election become the national Vice Presidents. The rationale for these provision was to introduce non-disruptive succession planning whilst ensuring that in the event of a Vice President taking over the office of President he would be having the people’s mandate. The effect of the proposed amendment to Section 94 means that Vice Presidents will no longer be elected but appointed by the President. This removes the transparency and democratic process sought to be achieved by Section 92 in relation to the assumption of these important offices. In addition, the Vice President’s tenure will be at the pleasure of the President. An amendment is expected to cure a problem or mischief. This is not apparent in the present case. The proposed amendments further seek to change the procedures for the appointment of the Prosecutor General. The current procedure for the appointment of the Prosecutor General is similar to that of the judges. This is a transparent way of appointing this important office, which like the judiciary ought to enjoy prosecutorial independence. The proposed amendment whereby the President appoints the Prosecutor General upon consultation with the Judicial Services Commission (JSC) is reverting to the old constitution. The current provisions promote transparency in the appointment process. This will not be achieved under the proposed amendment. It is not clear what mischief the proposed amendment seeks to address. The fact of the matter though is that the amendment is retrogressive. It emasculates a position that is pivotal to our criminal justice. The amendment will remove the Prosecutor General’s independence. The appointment system also does not guarantee meritocracy as the basis for appointment. This cannot be achieved by simply consulting the JSC. In any case in terms of section 339, such consultation may not be binding on the President.
Section 180 sets out the conditions that must be met in relation to the appointment of judges. The proposed amendment seeks to provide for the President to appoint a sitting judge to a higher court upon consultation with JSC. This approach seeks to reverse the elaborate, and transparent system currently in place. It is not clear why we should depart from the current system. The proposed changes will take us back to the pre 2013 era where judicial appointments were shrouded in a veil of secrecy.
The proposed extension of the tenure of judges albeit on a contract basis and subject to medical certification on fitness, is not desirable in a country with a vibrant legal profession. There are many legal practitioners who are fit to hold the office of judges.
The introduction of the office of the Public Protector should be based on a true desire to achieve administrative justice especially by public offices. The 2013 Constitution deliberately omitted this institution on the basis that the functions could be effectively undertaken by the Zimbabwe Human Rights Commission. The Ministry of Justice was recently lamenting that this commission is under resourced. Instead of properly funding the Zimbabwe Human Rights Commission, the Cabinet is creating another institution which will have its own resource chewing bureaucracy. On the other hand, the present Constitution already provides for the establishment of an independent complaints mechanism to deal with misconduct by members of the security sector. This has not been instituted and yet Cabinet finds it necessary to create the public protector’s office. The Executive is failing to diligently and without delay perform all constitutional obligations as provided in Section 324.
The proposal to remove MPs and Senators from provincial councils also appear ill conceived. The presence of these members was supposed to bring the nexus between national and local development. The prosed amendments will perpetuate the disconnect between the national Programmes and the local/Provincial Programmes thus creating development inertia.
The Law Society of Zimbabwe reiterates that the provisions to the Constitution ought to be guarded jealously. Any proposed amendments to the Constitution should be for the people and by the people.
The Law Society of Zimbabwe further reiterates its position that the Constitution of Zimbabwe should be jealously guarded and protected in pursuance of the supremacy of the rule of law. The proposed amendments to the Constitution in the most, are unnecessary, retrogressive and are not in the interest of transparency, good governance and respect for the rule of law. Accordingly, the LSZ categorically denounces them.
Law Society of Zimbabwe
“Committed to Justice and the Rule of Law.”
