How can President Robert Mugabe attend the AU Summit as Head of a lawful Inclusive Government in Zimbabwe without the required Constitutional Amendment in place, give that the Amendment will require a referendum in Zimbabwe by 13 July this year [same time as World Cup], plus a general election soon after; and Mugabes assent to any new Constitution. In order to solve the current impasse of non-implementation of the GPA, why dont the parties to the GPA and the Guarantors just have a Presidential run-off under Zimbabwes existing Formula-One type laws [first race winner takes pole position for final race]?
In September 2008 all Principals, Parties and Guarantors of Zimbabwes Global Political Agreement agreed a 19th Constitutional Amendment would be necessary to implement that GPA [Article 24].
The incumbent President RG Mugabe agreed to sign it. All parties agreed to ensure its enactment, unconditionally. Both AU and SADC agreed to be guarantors of this.
On 27 January 2009 a SADC Extraordinary Summit in Pretoria directed that the 19th Amendment be enacted urgently, to let the GPAs proposed inclusive government start. The text for the Bill had been settled already by the parties & SADC facilitators.
MPs met the deadline SADC set, and unanimously passed that Bill on 5 February.
Mugabe ostensibly signed this soon after, and a 19th Amendment Act was published, shortly after the GPAs new Prime Minister and Cabinet took their oaths of office.
On Sunday 31 January 2010, an Assembly of Heads of State and Government opened in Addis Adaba as part of AUs 14th Ordinary Summit.
Mugabe attended this Summit as Zimbabwes official representative, ostensibly as Head of a lawful Inclusive Government as required by the 2008 GPA.
Yet it must be known to him, GPA Co-Principals, Parties and SADC that no 19th exists.
Months ago MDC-T told SADC that the parties agreed19th Constitutional Amendment needed to implement the GPA had been tampered with after it left Parliament, and that Mugabe had only signed and gazetted half of it.
With the documents all on public record, there was no room to argue.
Masquerading
Mugabe going to Addis – or other summits – masquerading as Head of a legally constituted inclusive government, and Tsvangirai going to Davos etc masquerading as its lawful Prime Minister cant continue. Masquerade is a harsh word but I can use no other, when they KNOW the 19th is needed for any lawful government under the GPA, and they KNOW it still does not exist.
If person or party wants to still persist with the 2008 GPA instead of accepting its more principled and democratic alternative [holding a free fair legal Presidential run-off], then they must ensure the first essential step of duly enacting the 19th is taken now.
There will naturally be a price attached to enacting the 19th into law. It will OBLIGE the inclusive government to have the Constitutional referendum by no later than 13 July of this year – right around the time of the soccer World Cup!
That is the price they agreed to pay to be able to establish their inclusive government.
Post published in: News