2) The Commission of Inquiry
The MDC was invited to make written, as opposed to oral submissions to the Commission of Inquiry. That was totally unacceptable to us as it amounted to giving evidence in private. However, regardless of these preliminary misgivings, the Party leadership met in October to deliberate on the role and work of the Commission and took a well-considered and informed decision not to participate in the proceedings of the Commission for the following reasons.
– The MDC regards the Commission of Inquiry as a perpetuation of the fruitless and wasteful expenditure characteristic of the ZANUPF government which has brought untold suffering to our people. In any case there is a constitutional commission in the form of the NPRC whose terms of references are dependent on the constitution not a conflicted individual.
– We concur with the common sentiment among our people that the shooting and killing of unarmed and innocent civilians by the military happened in the full view of everyone and therefore what happened is public knowledge which means the Commission is completely unwarranted.
– The Terms of Reference of the Commission of Inquiry suggest a compromised process deliberately calculated not to answer the key and only important question which is – Who ordered the killing of innocent unarmed civilians? The Terms of Reference are clearly calculated to achieve a sinister agenda of imputing the responsibility of the 1 August killings on leaders of the democratic movement.
– The appointment of the Commission appears to be a mere cover-up for government PR purposes rather than a truth and fact-finding process.
– The appointment of some compromised and conflicted members of the Commission casts doubts on the transparency, professionalism and integrity of the both the process and outcome thereof.
– The deployment of the military is clearly and deliberately the prerogative of the President in terms of the Constitution. President Mnangagwa cannot establish a Commission of inquiry to investigate himself. We have precedent from South Africa where the Constitutional Court ruled that where the President is conflicted, he cannot appoint a commission of Inquiry in the matter.
– If the military did not act in terms of the orders from the Commander-in-Chief therefore he was supposed to take action on those members of the armed forces without any need for a Commission of Inquiry.
– If President Mnagagwa did not deploy the military, he was simply supposed to take action on whoever did, thereby acting illegally and in violation the Constitution.
– The proper procedure for appointing of the Commission was not followed which casts doubt on the legitimacy of its work and the outcome thereof. In that the President ought to exercise his powers through Cabinet in terms of the Constitution of which no cabinet was in place at the time of appointment of the commission.
– The police had already pre-empted the Commission by vicariously imputing liability on the MDC for uninvestigated actions.
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