TRANSISTIONAL REUNIFICATION AGREEMENT BETWEEN THE MDC FORMATIONS

Recognising that from 12 October 2005, differences emerged in the united MDC, resulting in the creation of two formations which culminated in one having a Congress in Bulawayo in February 2006 and the other in Harare in March 2006.                   Fully aware of the issues that separated us on the 12th of October 2005 but nonetheless regretting the separation, the acrimony and disharmony that characterised the aftermath of the separation.                  Greatly Pained by the continuing severe suffering of our people and the continued reduction in the quality of their lives.                           Appreciating the strong national sentiment for the unity of democratic forces in confronting the violent and dictatorial ZANU PF government.                 Acknowledging the cooperation and work we have done together in recent times.                         Determined that the differences which divided us must be resolved and put aside so that we can work together in the national interest.      Now we the leaders of the MDC enter into this agreement.                          PRELIMINARY

1.   Interpretation

(1)            In this agreement the following terms have the following meanings

    MDC formation or formation means the formation led by Morgan Tsvangirai and the formation led by Arthur Mutambara.

  (2)    New Seat means any seat not presently held by any of the MDC formations.

 2.     OBJECTIVES OF THIS AGREEMENT

2.1           The MDC formations hereby set themselves the ultimate goal of reunification and accordingly hereby agree to reunite and to embark on a process that is defined in this agreement which will lead to reunification under and in terms of this agreement.

2.2           The MDC formations recognise that reunification will only be complete and final after the Reunification Congress described below.

2.3           The MDC formations recognise that pending the Reunification Congress this agreement will bind the parties during the transitional period from the signing of this agreement to the date of the Reunification Congress.

3.   VALUES AND PRINCIPLES

During the transition and thereafter the new MDC will at all times be bound by the following general principles and values:

 a)         respect for the equality of all persons without regard to race, ethnicity, gender, language, religion, political opinion and place of birth or origin;

b)   respect for the inherent dignity of each and every person and in particular the right to life and bodily and mental safety free of all forms of violence and intimidation;

c)    respect for human rights and in particular freedoms of expression, assembly, movement and the right to liberty and protection of the law;

d)   respect for democratic principles and democratic discourse;

e)    adherence to the principle of non-violence in the conduct of all political activity, including interaction between the two formations;

f)      the pursuit of meaningful political change in Zimbabwe through democratic and peaceful, mass mobilisation and open, free and fair elections.

4.     GOALS AND OBJECTIVES

         The MDC formations commit themselves to the goal of reunification and working together and supporting each other in accordance with the above values and principles to achieve the following objectives through the use of democratic and legitimate means –

           (a) the replacement of tyrannical governmental and political structures in Zimbabwe by a new democratic order which creates a non-racist, non-tribalist, non-sexist and tolerant society which respects equally and fairly different ethnic, religious, cultural and political groups;

         (b) the formulation, adoption and implementation of a new democratic constitution which should be agreed to through a consultative and transparent process;

         (c) the formulation, adoption and implementation of a new electoral order in Zimbabwe which complies with democratic principles and international electoral standards on free and fair elections.

(d)  the implementation of economic programmes that will address the national economic crisis which is characterised by high level of poverty and the collapse of the country’s social and infrastructure.

5.       THE TRANSITIONAL NATIONAL REUNIFICATION STRUCTURES

5.1     Transitional National Reunification Conference           5.1.1    There shall be a Transitional National Reunification Conference made up of the National Councils of both formations.                        5.1.2     Meetings of the Transitional Reunification National Conference (TRNC) shall be chaired on an alternate basis by the National Chairpersons of the formations.                             5.1.3     The Transitional Reunification National Conference (TRNC) shall meet once to adopt this agreement and to launch the new MDC, thereafter the TRNC may meet at the discretion of the Transitional Reunification National Standing/ Working Committee (TRNSWC) and in any event must meet at least once before the Reunification Congress.               5.2       Transitional Reunification National Executive

5.2.1     There shall be a Transitional Reunification National Executive (TRNE) composed of the National Executive Committees of the formations.

5.2.2     Meetings of the Transitional Reunification National Executive shall be chaired on alternate basis by National Chairpersons of the formations.

5.2.3     The Transitional Reunification National Executive shall meet at least twice year.

5.2.4     Meetings of the TRNE will be called or convened upon a resolution of the TRNSWC.

5.3        Transitional Reunification National Standing/Working Committee (TRNSWC)                     5.3.1      There shall be a Transitional Reunification National Standing/Working Committee (TRNSWC) consisting of the National Standing Committee and the National Working/Strategy Committee of the two formations respectively.                5.3.2     The TRNSWC will be responsible for devising effective joint programmes, operations and joint political strategies.                         5.3.3     Meetings of the TRNSWC shall be chaired on an alternate basis by the Presidents of the two formations.                                  5.3.4      The TNRSWC may give directions to the Coordinating Committee and any other committee and structure of the new MDC.             5.4       Sub Committees of the TRNSWC

5.4.1    The Coordination Committee

    5.4.1.1 There shall be a committee of the TRNSWC to be known as the Coordinating Committee which shall consist of the following:

(a)The Presidents and Vice Presidents

(b)                  The National Chairpersons

(c)       The Secretary Generals and the Deputy Secretary Generals

(d)                  The Treasurer Generals and the Deputy Treasurer Generals

5.4.1.2      The Coordinating Committee shall be responsible for supervising the execution and implementation of all programmes and directions of the TRNE.

5.4.1.3      The Coordinating Committee shall be chaired by the Presidents on alternate basis.

5.4.2                The Organising Committee

5.4.2.1      There shall be an Organising Sub Committee which shall consist of:

(a)            The National Organising Secretaries and their Deputies;

(b)            The Chairpersons of the Women and Youth Assemblies;

(c)             The National Organising Secretaries of the Assemblies of Youth and Women;

(d)            Other members not exceeding four appointed by the TRNSWC.

5.4.2.2       The function of the Organising Sub Committee shall be to supervise structures, conduct the integration or election of the structures of the new MDC and implement the outreach programmes of the new MDC as directed by the TRNSWC.

5.4.2.3       The Organising Committee shall be chaired by the Organising Secretaries on an alternate basis.

5.4.3     The Election Sub Committee

5.4.3.1 There shall be an Elections Sub Committee which shall consist of:

(a)  The National Secretary of Elections and Director of Elections and their Deputies;

(b) The National Organising Secretaries and their Deputies;

(c)  The National Organising Secretaries of the National Assemblies of Youth and Women;

(d) The Secretaries responsible for Policy and Research.

5.4.3.2 The functions of the Elections Sub Committee will be to devise effective strategies for elections and to supervise and deal with all technical issues connected with the elections including the recruitment and training of election agents.

5.4.3.3 The Sub Committee shall be chaired by the National Secretary and Director of Elections on an alternate basis.

5.4.4     The Finance and Fundraising Sub Committee

5.4.4.1 There shall be a Finance and Fundraising Committee that shall consist of the following:

(a)   The Treasurer Generals and the Deputy Treasurer Generals;

(b)   The Secretary Generals and the Deputy Secretary Generals;

5.4.4.2 The functions of the Finance and Fundraising Committee shall be to fundraise and to handle the funds of the new MDC and carry out all fundraising activities of the new MDC.

5.4.4.3      The Finance and Fundraising Committee shall be chaired on an alternate basis by the Treasurer Generals of the formations or in their absence their deputies.

5.4.5                Information and Publicity Sub Committee

5.4.5.1                   There shall be an Information and Publicity Sub Committee that shall consist of:

(a)  The National Secretaries for Information and Publicity and their Deputies;

(b) The National Secretaries of Information and Publicity of the National Assemblies of Women and Youth.

5.4.5.2                   The Information and Publicity Sub Committee shall subject to the directions of TRNSWC deal with matters of the Media, Information and Publicity and branding of the new MDC.

5.4.5.3                   The Sub Committee shall be chaired by the Secretaries for Information and Publicity on an alternate basis.

5.4.6                The Legal Sub Committee

5.4.6.1                   There shall be a Legal Sub Committee that shall consist of:

(a)  The National Secretaries of Legal Affairs and their Deputies;

(b) The National Secretaries for Legal Affairs of the Women and Youth National Assemblies.

5.4.6.2  The functions of the Legal Sub Committee shall be to deal with all Legal matters and in particular to draft the constitution of the reunited MDC under the guidance and supervision of the TRNSWC.

5.4.7             Secretariat

5.4.7.1  There shall be a Transitional Secretariat of the new MDC which shall be structured as directed by the Coordinating Committee under the supervision of the TRNSWC.

5.4.8            Provincial, District and Ward Structures

5.4.8.1  There shall be Transitional Reunification Taskforces at Provincial, District, Ward and Branch levels which shall consist at each level of the following persons from the two formations:

(a)            Chairpersons

(b)            Secretaries

(c)              Treasurers

(d)            Organising Secretaries

(e)            Election Directors/Secretaries

(f)              Information and Publicity Secretaries; and

(g)            Chairpersons of the Youth and Women.

5.4.8.2        If the boundaries of a province, district or ward, as recognised by one formation, differ from the boundaries recognised by the other formation, the TRNE will determine which boundaries should be recognised for purposes of this Agreement.

5.4.8.3 The functions of the Transitional Reunification Taskforces shall be to ensure that this Agreement, and the policies and strategies devised by the TRNSWC and the TRNE, are fully and effectively implemented within their respective provinces, districts, wards and branches as the case may be.

5.4.8.4 Meetings of Provincial, District, Ward and Branch Taskforces shall be chaired by the chairpersons at each level on an alternate basis.

6       GENERAL PROVISIONS ON CONVENING OF MEETINGS OF TRANSITIONAL REUNIFICATION STRUCTURES

6.1    Transitional Reunification structures shall meet at such times and places as they may decide from time to time.

6.2    The Chairpersons of a Transitional Reunification structure –

(a)            may in consultation with each other and with the Secretary Generals or Secretaries convene a special meeting of the structure at any time;

(b)            must convene a special meeting of the structure on the written request of not fewer than of one-third of its members, which meeting must be convened for a date not sooner than five days and not later than twenty one days after the chairperson’s receipt of the request.

6.3    No business may be discussed at a special meeting convened in terms of paragraph (b) of sub clause (2) except the business specified in the request for the meeting.

6.4    The Secretary Generals or Secretaries at the relevant level must ensure that every member of the structure is given at seventy two hours notice of every meeting of the structure, and the notice must specify the business to be transacted at the meeting.

Provided that where it is urgently necessary to do so, a Transitional Reunification structure may hold a special meeting even it its members have been given less than seventy two hours notice of the meeting, but the reasons for doing so must be fully recorded in the minutes of the meeting.

7                       Procedure at meetings of Transitional Reunification Structures

7.1           If for any reason the chairperson of a Transitional Reunification Structure is not present within fifteen minutes after a meeting of the structure was due to commence, the other joint chairperson will chair the meeting, or if that other chairperson is also absent for any reason, the members present must elect one of their number to preside at the meeting as acting chairperson.

7.2           A majority of the total membership of a Transitional Reunification Structure shall constitute a quorum at any meeting of the structure.

7.3           Decisions of Transitional Reunification structures must be reached on the basis of consensus, and if a structure is unable to reach consensus on any issue, the issue must be referred to a higher structure for decision.

7.4           Subject to this clause, the procedure to be adopted at meetings of a Transitional Reunification structure is to be determined by the structure itself, except where a higher structure has specified the procedure to be adopted.

7.5           All business of any structure shall be conducted on the basis of mutual respect and tolerance.

7.6           All decisions shall be arrived at by way of open debate and consensus.

7.7           All decisions of the new MDC shall be debated and made only in the formal structures as defined in this agreement

8       2008 NATIONAL ELECTIONS

8.1         General Principles

8.1.1     The MDC formations hereby agree to be bound and guided by the single candidate principle.

8.2        Presidential Election

8.2.1 The MDC formations agree they will put forward a single candidate to contest the Presidential election and that candidate will be endorsed by the Transitional Reunification National Conference at its first meeting under and in terms of this agreement.

8.3   Parliamentary Elections

8.3.1 Having regard to the premature termination of the terms of office of the current Members of Parliament, it is hereby agreed that all sitting Members of Parliament will be candidates in the 2008 elections, unless at least 50% of the relevant District Executive Committees or District Council of the formation to which the MP belongs petitions otherwise in the case of an unconfirmed MP.

8.3.2 Each sitting Member of Parliament will choose which constituency he or she wishes to be a candidate in, having regard to the new delimitation of constituencies provided that such selection shall be of a constituency which contains a part of his or her previous constituency.

8.3.3 In the event that two or more sitting members choose the same constituency and they fail to resolve the matter by consensus, the formations shall organise a primary election in that constituency. The primary election shall have an equal number of elected officials in the District and Ward Executive Committees of each formation in that constituency. Voting shall be by secret ballot. The winning candidate in shall be the candidate in that constituency and the losing candidate/s shall be candidate in the other part of his or her old constituency.

8.3.4 In the event of an equality of votes the matter shall be determined by the casting of lots.

8.3.5 Where a seat was not held by a member of either formation, the formations hereby agree that the formations which will put forward a candidate to contest the seat shall be determined taking into account the following factors:

(a)            the respective strengths of each formation’s structures;

(b)            the respective presence of each formation in the province and constituency;

(c)             the prospect of winning the seat;

(d)            the obligation to ensure that at least a third of the candidates are women;

(e)            the need to ensure a presence of each formation in all provinces;

(f)              the need to  adhere to the principle that no formation shall have  less than a third of the new seats in each province.

8.3.5               Pursuant to the above the parties have agreed that the provincial allocation of parliamentary seats be as provided in Annexure A’ attached hereto.

8.4        Local Government Elections

8.4.1     The formation which currently holds a council seat shall put forward a candidate to contest that council seat.

8.4.2               Where a council seat is not currently held by any of the formations, the formations hereby agree that the council seats in each provinces shall be allocated to each formation in accordance with the following formula:

PROVINCE
 MDC ( MT)
 MDC (AM)
 
Harare
 70%
 30%
 
Bulawayo
 30%
 70%
 
Midlands
 50%
 50%
 
Manicaland
 70%
 30%
 
Mash West
 70%
 30%
 
Matabeleland North
 30%
 70%
 
Mash West
 70%
 30%
 
Mash East
 70%
 30%
 
Matabeleland South
 30%
 70%
 
Masvingo
 70%
 30%
 

8.4.3           Where, for any reason a formation is unable to fully take up its allocation of seats the other formation shall be advised expeditiously so that that formation put forward candidates in those seats.

9.            POST ELECTION PROCEDURES

9.1        Allocation of Government Posts by President

9.1.1     If the MDC wins the Presidential election, the elected President shall appoint as Vice President a person nominated by the other formation.

9.1.2               If the MDC wins the presidential election, the President shall allocate Cabinet posts in consultation with the Vice President and the TRNSWC, taking into account the need for equitable distribution of posts between the two formations, regard being made to the importance of those posts.

9.1.3               Subject to the Constitution and any other law, the President will make appointments to other Government offices in consultation with the Vice President and the TRNSWC, taking into account the need for equitable distribution of posts between the two formations paying due regard to the principle of equality of the two formations and the need for equal representation.

10.         PRIORITIES FOLLOWING ELECTION VICTORY

10.1      If the MDC wins the presidential and parliamentary elections, the MDC Government commits itself to making the process of Constitutional reform its main priority.

11.         REUNIFICATION PROCESSES

11.1      Within a month after the 2008 elections each formation shall submit to the TRNSWC a list containing the names of each office holder in each structure for every Branch, Ward, District and Province.

11.2      The TRNSWC shall prepare a consolidated list for each formation from the lists so submitted by each formation

11.3      Thereinafter the Organising Sub Committee shall seat as a verification committee and for this purpose its functions shall include:

(a)            the verification of each formation’s structures as indicated in the formation lists referred to in Clause 11.1 above.

(b)            agreeing on and preparing final lists of structures for each formation; and

(c)             doing any other things and carrying out any other tasks as assigned by the TRNSWC.

11.4      Within three months after the 2008 National Elections, the Legal Sub Committee shall produce an agreed draft of the reunified party which draft shall be debated by the TRNSWC and referred to the TRNE for debate and further referral to the TRNC for endorsement and adoption.

11.5      After the adoption of the draft new Constitution by the TRNC, the Organising Sub Committee shall organise the election of the new MDC structures from branch level to Provincial level.

11.6      No later that four months form the last Provincial Congress of the new MDC, the TRNE shall agree and set a date for the Reunification Congress, which as far as possible shall not be later than 12 months from the date of the election.

11.7       The Organising Sub Committee shall verify the names and structures of all persons attending the Dissolution Congresses and thereinafter shall prepare the Reunification Congress List.

11.8      The first day of the Reunification Congress shall be set aside for the holding of separate dissolution Congresses of the formations, in accordance with such rules as shall be agreed to by the TRNE.

11.9      The subsequent days of the Congress shall deal with the business of endorsing the new constitution and the election of office bearers as defined by the new constitution.

11.10 The Coordinating Committee shall be responsible for dealing with all logistics of the Congress including the issues of transport, accommodation and catering.

11.11 Once a new leadership has been elected and the Congress has concluded its business, this agreement shall expire and the united party shall be run on the basis of the new Constitution.

12.         DISPUTE RESOLUTION

12.1      Each formation undertakes unequivocally to abide by the letter and spirit of the agreement and no party shall have the right of unilaterally resiling from or repudiating this agreement.

12.2      In the event of a dispute between and in any lower structures or between individual members the same shall be referred to the TRNSWC for conciliation, mediation and arbitration. The decision of the TRNE on arbitration shall be final and binding.

12.3      In the event of a dispute between the formations emanating in the TRNE or any other superior structures, the parties shall attempt to resolve the same through dialogue and where such dialogue fails, either of the parties shall have the right to refer the same to conciliation, mediation or arbitration before any agreed retired judge, retired or serving Head of State or Government or any other prominent international person agreed by the parties.

12.4      Where the parties are unable to agree on the choice of an arbitrator then the Commercial Arbitration Centre in Harare at the request of either of the parties shall make the appointment.

12.5      The arbitration proceedings referred to in this paragraph shall be governed by the Arbitration Laws of Zimbabwe.

Thus Done and Signed on Harare on this ……………………….day of February 2008.

…………………………………………..          ……………………………………………

Morgan Tsvangirai                             Arthur Mutambara

President           President

In witness thereof

……………………………………….              …………………………………………….

Tendai Biti         Welshman Ncube

Secretary General                              Secretary General

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