Tuesday, 22nd July 2008

Howzit

The pain levels haven't reduced any - so roll on 4th August (I am in hospital for a relatively simple procedure, which will, hopefully, help with the pain)...

-o00o-

So the Memorandum of Understanding has been signed, and together with a photograph of Mugabe holding hands with Arthur Mutambara and Morgan Tsvangirai, the Agreement was published...

"MEMORANDUM OF UNDERSTANDING BETWEEN THE ZIMBABWE AFRICAN NATIONAL UNION (PATRIOTIC FRONT) AND THE TWO MOVEMENT FOR DEMOCRATIC CHANGE FORMATIONS

PREAMBLE

We the Parties to this Memorandum of Understanding;

Concerned about the recent challenges that we have faced as a country and the multiple threats to the well-being of our people;

Dedicating ourselves to putting an end to the polarisation, divisions, conflict and intolerance that have characterised our country's politics;

Determined to build a society free of violence, fear, intimidation, hate, patronage, corruption and founded on justice, fairness, openness, transparency, dignity and equality;

Recognising the centrality and importance of African institutions in dealing with African problems, and agreeing to seek solutions to our differences, challenges and problems through dialogue under the auspices of the SADC mediation, supported and endorsed by the African Union;

Acknowledging that we have an obligation of establishing a framework of working together in an inclusive government;

Desirous therefore of entering into a dialogue with a view to returning Zimbabwe to prosperity;

Recognising that such a dialogue requires agreement on procedures and processes that will guide the dialogue.

NOW THEREFORE AGREE AS FOLLOWS:

1. Definitions

The "Memorandum of Understanding" (MOU) shall mean this written agreement signed by the Principals.

"The Parties" shall mean ZANU-PF, the two MDC formations led by Morgan Tsvangirai and by Arthur Mutambara respectively.

"The Principals" shall mean the President and First Secretary of ZANU-PF, Robert Gabriel Mugabe, the President of the one MDC formation, Morgan Richard Tsvangirai and the President of the other MDC formation, Arthur Guseni Oliver Mutambara.

2. Declaration of Commitment

The Parties hereby declare and agree to commit themselves to a dialogue with each other with a view to creating a genuine, viable, permanent and sustainable solution to the Zimbabwean situation and, in particular, to implement this Memorandum of Understanding.

3. Representation

The Parties will be represented by two representatives each in the dialogue.

4. Agenda

The Parties have agreed to the following Agenda:

4.1. Objectives and Priorities of a new Government

(a) ECONOMIC

(i) Restoration of economic stability and growth
(ii) Sanctions
(iii) Land question

(b) POLITICAL

(i) New Constitution
(ii) Promotion of equality, national healing and cohesion, and unity
(iii) External interference
(iv) Free political activity
(v) Rule of law
(vi) State organs and institutions
(vii) Legislative agenda priorities

(c) SECURITY

(i) Security of persons and prevention of violence

(d) COMMUNICATION

(i) Media
(ii) External radio stations

4.2 Framework for a new Government

4.3 Implementation mechanisms

4.4 Global political agreement.

5. Facilitation

The Dialogue shall be facilitated in accordance with the SADC and AU resolutions.

6. Time frames

The Dialogue commenced on 10 July 2008 and will continue until the Parties have finalised all necessary matters, save for short breaks that may be agreed upon for purposes of consultation. It is envisaged that the Dialogue will be completed within a period of two weeks from the date of signing of this MOU.

7. Venue

The Dialogue shall be conducted at such venues as shall be determined by the Facilitator in consultation with the representatives of the Parties.

8. Communication with the media

None of the Parties shall, during the Dialogue period, directly or indirectly communicate the substance of the discussion with the media. The parties shall refrain from negotiating through the media, whether through their representatives to the Dialogue or any of their Party officials.

9. Decisions by the Parties

The Parties shall not, during the subsistence of the Dialogue, take any decisions or measures that have a bearing on the agenda of the Dialogue, save by consensus. Such decisions or measures include, but are not limited to the convening of Parliament or the formation of a new government.

10. Interim measures

10.1 Security of persons

(a) Each Party will issue a statement condemning the promotion and use of violence and call for peace in the country and shall take all measures necessary to ensure that the structures and institutions it controls are not engaged in the perpetration of violence.
(b) The Parties are committed to ensuring that the law is applied fairly and justly to all persons irrespective of political affiliation.
(c) The Parties will take all necessary measures to eliminate all forms of political violence, including by non-state actors, and to ensure the security of persons and property.
(d) The Parties agree that, in the interim, they will work together to ensure the safety of any displaced persons and their safe return home and that humanitarian and social welfare organisations are enabled to render such assistance as might be required.

10.2 Hate speech

The Parties shall refrain from using abusive language that may incite hostility, political intolerance and ethnic hatred or undermine each other.

11. The role of SADC and the AU

The implementation of the Global Political Agreement that the Parties will conclude shall be underwritten and guaranteed by the Facilitator, SADC and the AU.

12. Execution of the agreement

This agreement shall be signed by the Principals in the presence of each other and shall be witnessed by the Facilitator.

Signed at Harare this day of 2008.

Robert G. Mugabe
President, ZANU PF

Morgan R. Tsvangirai
President, MDC

Arthur G. O. Mutambara
President, MDC

Thabo Mbeki
SADC Facilitator"

I can only hope that the negotiations that follow, are conducted with some alacrity and that the main thrust of the talks is to work towards a better Zimbabwe - one which will benefit the Zimbabwean people...

The fact that Mugabe cannot keep his word (as seen with the Lancaster House Agreement of 1979) should be borne in the forefront of our minds, and each and every word in the negotiations must be carefully chosen

-o00o-

The internet is awash with stories of the historic signing - but I will make this article the last about the subject as I am still not totally convinced that Mugabe will stand by his signature.

I am also unsure that any further negotiations will be of very much help to the Zimbabwean people as they will be long and tough - and offer very little to the population as a whole.

I look forward to Mugabe's convening parliament and appointing his cabinet.

"Robert Mugabe and MDC president Morgan Tsvangirai on Monday signed a deal laying down the framework for formal talks on forming a power sharing government to end a deep political crisis.

It was the first meeting in 10 years between the two rivals, who are widely believed to detest each other. They sat at a conference table separated by South African President Thabo Mbeki who mediated the deal.

The preliminary agreement was signed in Harare’s Rainbow Towers Hotel after weeks of deadlock since Mugabe was re-elected on June 27 in a widely condemned poll boycotted by Tsvangirai because of violence against his supporters."

Sadly, I can see that the signing will not be presented as a success for Zimbabwean politics, but rather a success for the mediator, Thabo Mbeki.

"A subdued Mugabe said after the signing that the agreement was "to chart a new way of political interaction," while Tsvangirai called the ceremony "a very historic occasion."

Officials from both sides said the framework agreement sets a two-week deadline for the government and two factions of the opposition MDC to discuss key issues including a unity government and how to hold new elections."

-o00o-

It is almost impossible today, to avoid the issue...

"If a power-sharing deal emerges from the talks that will now open, Mr Tsvangirai will join the president in a "government of national unity".

At a stroke, Mr Mugabe will neutralise his leading opponent, cripple what remains of the opposition, win international recognition - at least in Africa - and break the wall of isolation that presently surrounds him.

This would be no mean achievement. Less than two weeks ago, Mr Mugabe was threatened with a United Nations resolution that would have subjected him to a global travel ban and asset freeze.

If he reaches a deal with his opponents, Mr Mugabe will vault from pariah to elder statesman, certainly among his African neighbours. In short, he will have succeeded in guaranteeing his grip on power until, in his own good time, he chooses dignified retirement."

Which is my major concern. By signing this agreement, Tsvangirai and Mutambara give legitimacy to Mugabe's continued tenure in the office of President.

I feel very sad for the families of those that have lost their lives at the hands of this man and his forces, as the Agreement just makes him another African dictator - an untouchable one at that.

"African autocrats follow one iron rule - either kill your opponents or buy them off. Mr Mugabe’s great innovation was to do both. First he murdered Mr Tsvangirai’s followers, now he will do his utmost to buy off his leading opponent. There is still a chance that Mr Tsvangirai will resist the pressure and refuse to join a coalition government under Mr Mugabe. But the former opposition leader is not very good at resisting pressure.

If so, Mr Tsvangirai and his followers will be compensated with cabinet jobs, official residences and smart cars. Mr Mugabe will ensure, however, that real power rests with him."

The real subterfuge is to come. Right under our noses - and I don't think that there is much anyone can do. How incredibly sad...

"But the result of the only contested round of Zimbabwe’s presidential election — which Mr Tsvangirai won - will be forgotten. Everyone will be in the government, whether they won or lost the election.

The people’s verdict will be ignored. For as long as that outcome is tolerated, democracy in Africa is lost."

-o00o-

And while the leaders make a show of being pally, the legal battle continues in High Court for ZANU PF election hopefuls as they attempt to have their losses overturned.

But it would appear that the pettitions have come to naught.

"ZANU PF’s hopes of legaly overturning the MDC’s majority in parliament faded when the Electoral court threw out a total of 16 petitions by ZANU PF.

Some reasons for the Court to throw out the petitions was the timeframe they were filed while other petitioners filed on time failed to deposit security fees within the proscribed time of 10 days.

ZANU PF also withdrew 10 cases before the Electoral Court had sat to deliberate on them.

Judge President Rita Makarau dismissed eight ZANU PF petitions after the petitioners had served the petitions at the MDC’s harvest house headquarters.

This, she said, did not amount to compliance with the Electoral Act, which provides for the petition to be served at the respondent’s residential or business address.

"Section 169 is quite clear as it employs clear language that admits of no ambiguity. It requires all petitioners to serve written notice of the presentation of the petition and a list of proposed sureties upon the respondent, personally or by leaving it at his residence or place of business within 10 days of the presentation of the petition.

"This is what all the petitioners ought to have done or were required to do by the law,"said Justice Makarau."

My initial though is just how long Makarau will remain Judge President - you see, Mugabe has a habit of removing members of the judiciary that rule against him...

"Losing ZANU PF candidate former Minister of Water Resources Munacho Mutezo ’s case challenging MDC’s Lynette Karenyi’s victory in Chimanimani West was thrown out as he failed to file the election petition within the 10 days set out by the Electoral Act.

Ten ZANU (PF) ministers lost their parliamentary seats and some include Patrick Chinamasa, Samuel Mumbengegwi, Aeneas Chigwedere, Amos Midzi, Mike Nyambuya, Joseph Made, Munacho Mutezo, Sikhanyiso Ndlovu, Chris Mushowe, Oppah Muchinguri and Rugare Gumbo."

But Mugabe will not let a small thing like a court ruling stop him from appointing non-elected members of his party to the cabinet. Mark my words...

-o00o-

The ink is not even dry on the agreement, and Mugabe is already planning to go back to doing what he does best (apart from ruining countries and killing the people)... fiddling with the Constitution.

I am also VERY aware that Mugabe fails to tell us just what is to be amended...

"Zimbabwe’s ruling ZANU PF party and the opposition MDC agreed to amend the country’s constitution, President Robert Mugabe said on Monday.

Mugabe who was speaking after signing a memorandum of understanding for talks with the opposition did not disclose the changes to be made to the British-drafted constitution only saying the country’s fundamental law had to be "amended variously".

"Yesterday (on Sunday) we agreed, ZANU PF and the two MDCs, that our constitution as it is should be amended variously," said Mugabe, who is accused by pro-democracy activists of chopping and changing the constitution during his 28-year rule to concentrate power in his hands."

I will be watching the forthcoming amendments very carefully - but my care and attention should be mirrored by legislators on the ground. Care must also be taken to guard against Mugabe being able to pull the rug out from under the MDC's feet - just as he did at the end of last year when he had got what he wanted, and declared a date for the election - thereby killing any hope of any advancement upon the already struggling negotiations at that time.

-o00o-

Take care.

'debvhu