EDITOR - It is indeed sad that the SADC extra-ordinary summit last week decided to dissolve the SADC Tribunal. SADC leaders have exposed their true nature. They claim to uphold certain principles as seen by their signatures to the commendable SADC Treaty. All this is to hoodwink the world that they are a reputable regional organisation.
They then show their desire not to implement the things specified in the Treaty by refusing to have a Tribunal with power to monitor their actions.
This is akin to a reckless driver who claims to uphold the speed limits which authorities impose on national roads, but refuses to be fined by a court of law when caught over-speeding. The driver goes on to demand the enactment of a court that does not interfere with his sovereign rights. So sacred is the drivers sovereign right to over-speed that no court should fine him even though over-speeding puts lives in danger.
If the truth be told, Zimbabwean parliamentarians should have made the President cease to perform his duties in 2000 for violating the constitution. They swore before God to protect the laws of Zimbabwe including the very constitution. The constitution clearly states in Section 29 (3) that the President shall cease to perform his duties if a report by Parliament finds him guilty of wilfully violating the constitution.
The same constitution also specifies in Section 16 that no property can be acquired if full compensation is not paid and that those affected should have full access to court to determine compensation in the very rare case when acquisition of property becomes imperative. This has since been amended in 2005 to accommodate the invasion and it is this amendment 17 that was found by the Tribunal to be at odds with the SADC Treaty that the President agreed to in 1992.
Land invasions happened and properties were taken without compensation clearly violating the constitution as it stood in 2000. By supporting the invasion, the President wilfully violated the constitution but because the Parliamentarians were not independent of manipulation by the very executive, they did not do what the constitution required them to do and what they swore before God to do. It is indeed shameful that all this happened under the nose of our SADC leaders who claim to uphold human rights and the rule of law.
When at last the farmers found solace in the SADC Treaty and the Tribunal that interprets it, all hell broke loose. Finally Zimbabwe Minister of (In)Justice Patrick Chinamasa managed to convince SASDC leaders to dissolve the Tribunal and create a new animal that does not infringe on their sovereign rights. Sovereign rights to violate the constitution? Sovereign rights to disregards human rights and the rule of law?
All this shows that there was nothing extra-ordinary about the summit on the 20th of May. This summit produced a shameful outcome that may haunt all those involved until they correct it.
To all of us Zimbabweans, we have seen that we should not put all our eggs in the SADC basket. Change must start within us and the majority of the people must embrace the right principles including separation of powers, the rule of law and human rights. All this must inspire us to realise it is only us who can bring regime change. That regime change is the only way out of this mess is beyond doubt. With the current government showing that they are unrepentant, there is nothing wrong in demanding a new government that upholds human rights and the rule of law.
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