Zimbabwe is stuck. No one knows when the country is going to hold its elections. No one knows the way forward. And the country could be heading for another disaster.
These were the words of the man who ought to know, Parliamentary and Constitutional Affairs Minister Eric Matinenga, yesterday after the Constitutional Court postponed the application by Justice Minister Patrick Chinamasa to postpone the elections from 31 July to 14 August.
Prime Minister Morgan Tsvangirai and the leader of the other faction of the Movement for Democratic Change Welshman Ncube wanted the elections postponed beyond 14 August.
Under the present ruling nominations should be made on Friday. Parliament will officially be dissolved on Saturday.
Responding to questions in Parliament yesterday Matinenga said: “What is the way forward? The way forward in my view is that there must be a political will from all the political parties, political will which addresses the bigger picture. The bigger Zimbabwe, we need to address personal aggrandizement issues.
“What we have seen in this country, with respect, is a manipulation of the situation in order to advance personal issues and that is not what we need as a country. What we need as a country is to address the bigger picture and say what legacy do we leave for the people of Zimbabwe?
“Some of us are getting old, but what legacy do we leave for our children? What legacy do we leave for our great grandchildren? I do not see that, and you find that we are heading for another disaster.”
Below is the full debate relating to elections yesterday.
MR. CROSS: Mr. Speaker Sir, I would like to address my question to the Minister of Parliamentary and Constitutional Affairs. Would he please outline to the House how he sees the whole process leading up to the elections happening now? It is a mine field and quite frankly, we do not know where we stand at this present time. There are issues such as the Nomination Court on Friday and the extended period of voter registration. We need to know exactly what he feels will happen in the next three to four weeks.
THE MINISTER OF PARLIAMENTARY AND CONSTITUTIONAL AFFAIRS (ADV. MATINENGA): Thank you Mr. Speaker. I would also like to thank the hon. member for that mine field question. I think he did concede in formulating his question that we are in a mine field in the sense that if anybody is going to be honest with himself or herself – no answer can unfortunately be provided to the question which is being posed.
Mr. Speaker Sir, you will recall and the hon. member will also recall that last week I did lay out what I considered to be the various constitutional stages which we have to meet in order to get to an election, which answers to the provisions of our Constitution. An election which is free and fair and which one hopes will not be contested.
What we have experienced in the past week or so, with respect points to an election which is going to be contested – an election which is not going to produce results which are not disputed. As I said last week, one starts with the Constitutional Court ruling that the President must announce an election date not later than the 31st of July.
As I said last week, I will start with the Constitutional Court ruling that the President must announce an election date not later than the 31st July, 2013. Thereafter Mr. Speaker Sir, there was an application by the Minister of Justice and Legal Affairs which was filed with the courts, seeking an extension of this particular date. That application was filed on Tuesday last week unbeknown to the other members of the Inclusive Government.
Hon. members will have read in the papers that on Wednesday, there was a grand meeting at State House where the three parties in the Inclusive Government met in order to agree on a common position with regards to this disputed election date. Aligned to this were also attempts to seek agreement on what should be done with regards to both Statutory Instruments 85 and 86 of 2013, and subsequent Statutory Instruments which were promulgated thereafter. The meeting on Wednesday did not come to an agreement.
Sadly at that meeting, the Minister of Justice and Legal Affairs, Senator Chinamasa who was then speaking on behalf of ZANU PF or rather arguing on behalf of ZANU PF, indicated that he wanted until last week Friday to respond to the presentations which had been made by the two MDC formations. These presentations were made by the Minister of Finance, Mr. Biti and the Minister of Education, Senator Coltart. The time within which to respond was then granted, though a lot of us were of the view that the issue was an urgent one and that the Minister could have responded if he wanted to, but he did not.
The long and short of it was that the meeting then adjourned on the basis that ZANU PF will respond on Friday. In the meantime and in the same meeting, it was agreed that, maybe it is possible that a smaller committee could meet and agree particularly on the contents of an affidavit. The affidavit was going to seek for an extension of the July 31, date. The Minister of Justice and Legal Affairs, Senator Chinamasa, the Minister of Industry and Commerce, Prof. Ncube and the Minister of Finance, Hon. Biti were left in that room to meet and seek to agree on an acceptable affidavit.
Again, that was not to be. The three parties could not agree. So on Friday, the two MDC formations were at State House.
I was the first to be there at 10.00 a.m. When it was about 10.30 a.m., we were then told that the meeting could not proceed because His Excellency, the President was not available. We were then told to come back at 12.05 p.m. I also need to say that when we eventually got this message, there was no appearance by the representatives from ZANU PF. When it was 12.05 p.m., we again went back to the State House. I was again the first person to arrive. The MDC representatives arrived.
Again, there was no attendance by anybody from ZANU PF. We waited until it was 1.00 p.m. On realising that nobody was going to attend on behalf of ZANU PF, we then went back to our respective offices.
Mr. Speaker, that is the last time I heard of any attempt to seek agreement on these various disputed issues. The long and short of it, is that, as our answer to this question today, there has been no further meeting between the three political parties in order for us to come to this agreement. What I am aware of is that the Constitutional Court started meeting today to look at various constitutional matters which had been placed before it. For hon. members who are aware of court processes, the Constitutional Court is in the process of looking at all these applications as a continuous roll. So they go through the entire processes one after the other.
I am unable to tell you what has been done this morning. From what I get, may be the real issues are going to be argued at 2.30 p.m. this afternoon. The actual matter involving the Minister of Justice and Legal Affairs which was occasioned by the application that was made was apparently postponed sine die. Postponing sine die means the matter is being postponed indefinitely. So we really do not know where we are. I wish there would be somebody who is able to say when exactly we are going to have elections. Not just elections for the sake of it, but elections which are free and fair; elections which are not disputed and elections in respect of which every citizen of this country is able to vote and has been registered.
These are the various issues Mr. Speaker which we need to address because these are issues which are enshrined in our Constitution. It is the responsibility of us as Government, even though we are now near to our ‘last supper’. It is our responsibility that we deliver to the people of Zimbabwe, a free and fair election. The indications, with respect Mr.Speaker are that, it is going to be a long shot. Unfortunately, I am unable to give the hon. member a date as to when these elections are going to be. We are all waiting now for the Constitutional Court to hear these applications and then to come up with a decision. At the end of the day,
our hands are in a building which is just to the north of us. I thank you Mr. Speaker.
MR. F.M. SIBANDA: Thank you and good afternoon to you Sir after a long time. I need to ask this question as a benedictory question after having given my maiden speech five years ago. Mr. Speaker Sir, I want to ask the Minister of Constitutional and Parliamentary Affairs to confirm or not that Zimbabwe has reached a constitutional crisis because of the Constitutional Court decision. If so, how are we going to navigate Zimbabwe for further posterity? Thank you.
THE MINISTER OF CONSTITUTIONAL AND PARLIAMENTARY AFFAIRS (ADV. MATINENGA): Mr. Speaker Sir, may I thank the hon. member for that delicate question. It is a delicate question in the sense that whether there is a constitutional crisis or not, we depend upon the interpretation which is given to the circumstances which are prevailing. If one looks at the little we know, while the hon. member is saying there is a constitutional crisis but because the Constitutional Court is still sitting to determine whether it should endorse 31st July, 2013 or it should extend that date, you cannot talk of a constitutional crisis in that respect.
The other side of the coin is that when you are looking at the various arms of Government, when you are looking at which arm should do this or that, obviously complementing the others, then there are certain things which are done by certain arms and there are certain things which are not done by all arms.
If one were to follow up this argument, one will simply go to the minority judgement of the Deputy Chief Justice. From my reading, it is a clear indication that what the majority was doing, was really tampering with waters which should not have been the case. Consequently, they are now unwittingly creating a constitutional crisis. The other view again is when you are looking at the situation in which Zimbabwe is faced, you have to take into account why we are here as Zimbabweans. You have to take into account why we have an Inclusive Government. You have to take into account the fact that we are here because SADC intervened in our circumstances. We are here because June, 2008 elections were not accepted by any right thinking individual in this world.
Mr. Speaker, if you have to accept that, because it is a fact, then you then say if we are going to have to go to an election which mirrors what happened in 2008, surely you are creating a constitutional crisis.
By so doing, you are again inviting people to go back to 2008 and 2009, to say now that we cannot agree on the elections, we cannot agree on whether this election was free or fair – what do we do, something which we need not have done. These are the various options which one has to look at.
MR. F. M. SIBANDA: My question was on the way forward as you have explained both that this may be a constitutional crisis and you have confirmed that. What is the possible way forward to alleviate us from this untold constitutional crisis that you have confirmed Sir?
ADV. MATINENGA: Thank you Mr. Speaker. I think let me make this clear. I did not only give a definitive position but I have three variables. We need to be very, very clear. If I may remind hon.members, you recall that sometime back the former President of South Africa was asked whether there was a crisis in Zimbabwe and his response was ‘crisis’, what crisis? So, you have a constitutional crisis in Zimbabwe, what constitutional crisis? That is the first scenario which must be articulated.
Mr. Speaker, what is the way forward? The way forward in my view is that there must be a political will from all the political parties, political will which addresses the bigger picture. The bigger Zimbabwe, we need to address personal aggrandizement issues. What we have seen in this country, with respect, is a manipulation of the situation in order to advance personal issues and that is not what we need as a country. What we need as a country is to address the bigger picture and say what legacy do we leave for the people of Zimbabwe? Some of us are getting old, but what legacy do we leave for our children? What legacy do we leave for our great grandchildren? I do not see that, and you find that we are heading for another disaster.
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