After ConCourt's ruling, Zimbabwe faces legitimacy, constitutional crises – Nehanda Radio



Today, August 24, 2018, the Constitutional Court of Zimbabwe rejected an application in which the MDC alliance in terms of Article 93, paragraph 1 of the Constitution failed the election result of July 30, the outcome of which was in favor of Emmerson Mnangagwa of Zanu PF.

Zimbabwean President Emmerson Mnangagwa's legal representative Paul Mangwana speaks to the media outside the Constitutional Court in Harare on Wednesday, August 22, 2018. The Constitutional Court sees a challenge against the outcome of last month's presidential election, where the opposition claimed that the mood
Zimbabwean President Emmerson Mnangagwa's legal representative Paul Mangwana speaks to the media outside the Constitutional Court in Harare on Wednesday, August 22, 2018. The Constitutional Court sees a challenge against the outcome of last month's presidential election, where the opposition claimed that the mood was "Gross mathematical errors". (AP Photo / Tsvangirayi Mukwazhi)

As Crisis in the Coalition of Zimbabwe (CiZC) we have claimed that the process by which Mnangagwa & # 39; elected & # 39; was full of irregularities in the elections and that the 30 July elections did not meet the credibility test. In any case, the diabolical 30 July elections perpetuate the legitimacy crisis.

We have expressed reservations about the country's election procedures in the past and there are a number of irregularities we have identified and these are undoubtedly indicative of the fact that the 30 July elections were a sham and reminded of elections that were disputed in the past. characterized by moods. rigging, coercion, mutilation and murder of civilians, persecution of the opposition and leaders of civil society organizations and activists and other irregularities that run counter to the principles of free, fair and credible polls.

Prior to ConCourt's statement, we expressed our fears that were mainly due to the fact that the independence of the judiciary was largely affected by the amendment of the constitution sponsored by Mnangagwa in 2017 – Article 180 on the appointment procedures for judicial authorities.

A closer look at the court proceedings on Wednesday and the resultant verdict is a clear testimony that the judiciary in Zimbabwe is being conquered, the judges questioned and crushed all submissions from the opposition and no questions were asked to ZANU PF or ZEC despite the fact that the submissions by the latter were questionable and did not respond directly to the issues raised by the opposition.

Given the omni-current confederation between the parties and the state, Zanu PF has maintained a stranglehold on the judiciary and seems to be facing all institutions and independent institutions.

And the army is ready to defend Mnangagwa's stay in power despite the sham of July 30.

Although the ConCourt judgment is final, it should be noted that it does not in any way solve the legitimacy and constitutional crisis in Zimbabwe. It is unfortunate that the apex court has used its own yardstick to measure the credibility of the 30 July polls despite evidence of voice manipulation.

We claim that the new president is a beneficiary of a military coup that was followed by a sham and that ConCourt's verdict strengthened the mistrust of citizens in the legal system and other important government institutions.

One of our fears prior to ConCourt's ruling was the seemingly unholy alliance between Zanu PF, the Zimbabwean electoral commission and the judiciary, especially after the militarization of major state institutions after the military coup of November 2017, which resulted in Mnangagwa's predominance of the power.

After the military coup of November 2017, we as a CiZC maintained that the return of Zimbabwe to norm conformity is tested for keeping credible, free and fair elections. The election of 30 July does not have the ability to resolve the legitimacy question of the state and to return to the constitutional order. We are also concerned that the constitutional crisis will escalate after the ConCourt ruling.

The crisis in Zimbabwe has been aggravated by the fact that Zanu PF has conquered state institutions that support democracy and is ready to use all the means necessary to maintain power. This includes terror, murder, arbitrary arrests and the isolation of the nation from the international community (as evidenced by recent statements by war veterans loyal to Mnangagwa and ministers of government).

This will certainly have negative consequences for the country's re-engagement process with the international community and eventually the Zimbabwean economy will continue to follow a downward trend under a Zanu PF government suffering from a legitimacy crisis.

We remain worried that the Mnangagwa regime has already broken ties with strategic partners in the international community and has frightened our fears for the next 5 years of uncontrolled economic collapse and incessant closure of the democratic space and an expression of the global human rights order.

However, we are concerned that the politicians of Zanu PF are determined to go further in this difficult period, political office is an opportunity to create a ruling elite deeply entrenched in anti-development damage (enclave economy) while the ordinary citizen suffers.

CiZC will continue to provide thought leadership and the acquisition of support from regional, continental and international partners in solving the Zimbabwean crisis.

We are already escalating our calls and calling on citizens and heads of state in the SADC region for the restoration of the SADC tribunal as an independent road to justice for civilians in closed and worried democracies such as Zimbabwe.


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