Zimbabwe Lawyers for Human Rights recently reported that President Mugabe did not sign the Global Political Agreement (GPA). Well, he signed half of it. The entire 36-page document was ratified into law by Parliament as Constitutional Amendment 19. President Mugabe, however, only signed an 18-page document. The result is potentially unenforceable as "It is impossible, legally, to have an act in two different versions - one version approved by Parliament, another by the President." The missing pages included clauses governing the mandated Constitutional revision and referendum process. This means that the entire agreement can be declared null and void, or those pages not signed by the President are not enforceable.
The GPA is the result of negotiations that occurred after contested Presidential and Parliamentary elections in March 2008. Although now Prime Minister Tsvangirai received the majority of votes, he purportedly did not receive the necessary 50% +1 required to win outright, forcing a run-off election. Tsvangirai subsequently withdrew from the run-off over concern for the extreme levels of violence that occurred, including deaths, disappearances and torture and Mugabe was declared the winner. The Southern African Development Committee (SADC) stepped in and negotiated a political settlement that became the GPA and is now the guarantor of this agreement.
The commitment of ZANU-PF, Mugabe's political party, to the GPA has been suspect from the beginning, including refusing to cede control of the Attorney General office and Reserve Bank. The ZANU-PF party has also progressively chipped away at the Parliamentary majority position Prime Minister Tsvangirai's party, MDC-T, secured in the 2008 elections through pressing criminal charges. Furthermore, while levels of violence have abated, political violence is an on-going concern including the recent murder of an MDC activist.
The law is meant to define the parameters that regulate behavior and establish social control. It is not meant to be a blunt weapon of force to repress, dominate and terrorize citizens. ZANU-PF, consistently uses the law to manipulate and oppress from laws used to stifle dissent such as the Public Order and Security Act, to withdrawing from the SADC Tribunal, to entering the agreement with false intentions by building in an escape hatch.
ZANU-PF's withdrawal from the SADC Tribunal and the failure to sign all pages of the GPA are essentially contract disputes and there is no applicable court to turn where a judge can decide which terms apply and should be enforced. Instead, the judge is SADC, who must remove the blinders of reverence towards a one time freedom fighter and see him as the leader of a party of freedom oppressors. SADC announced today it will convene an extraordinary summit in three weeks to address the outstanding issues surrounding the GPA and it must force a resolution on both these concerns.
The judge is also the international community, who bears the burden of standing strong in speaking out against the injustices occurring in Zimbabwe while still standing in solidarity with the people of Zimbabwe by providing appropriate humanitarian aid to repair the schools, hospitals, water treatment plants and sewer systems, electrical capacity and agricultural industry. Finally, the judge is us, who must continue to demand respect for the rule of law and insist on accountability and an end to impunity for those who use violence to retain power and control.
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